Team Kimberlin Post of the Day


It’s hard to sell a false narrative when your lies are transparently obvious. The TKPOTD from four years ago today showed one example of The Dread Deadbeat Pro-Se Kimberlin’s inability to keeps his “facts” straight.

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This is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit.RICO2 ECF 1-77The tort of unreasonable publicity deals with disclosure of private facts.

fact noun \ˈfakt\ : a true piece of information

So if Brett Kimberlin is alleging that I published factual information about him, he’s verifying that what I wrote was true. Therefore, he cannot show that what I wrote was false—which puts an end to any claim of defamation or false light. OTOH, if I did engage in defamation, then what I wrote was false, and that kills any claim that I published private facts. TDPK’s complaint is self contradictory.

“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.”  Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.

Oopsie.

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No wonder he lost all those LOLsuits.

Team Kimberlin Post of the Day


A commenter to yesterday’s TKPOTD brought up the fact that The Dread Deadbeat Pro-Se Kimberlin tried to stick his nose into the Blankenship mine disaster criminal case. Of course, he was unsuccessful and wasn’t able to bootstrap that effort into some sort of useful something or other for his RICO 2: Electric Boogaloo LOLsuit. Today, we look back to the TKPOTD from four yeas ago which dealt with another failed attempt by The Dread Deadbeat Protector Kimberlin to meddle in someone else’s legal matter.

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Brett Kimberlin has tried to make a name for himself fighting for clean elections through Velvet Revolution US, the 501(c)4 he cofounded with moonbat broadcaster Brad Friedman.

King Lincoln Bronzeville Neighborhood Ass’n v. Blackwell was a voter fraud case in Ohio that accused Republican Secretary of State Ken Blackwell of conspiring to deprive Ohioans of their right to vote for Democrats. At one point, Kimberlin stuck his nose into the proceeding.

The Blackwell case wound up being dismissed.

Is anyone surprised that Velvet Revolution US has never found any election irregularities implicating Democrats, not even in Chicago?

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And so Kimberlin failed in that effort at election protection, but not as spectacularly as he failed in his 2016 effort to protect us from Donald Trump. In 2017, he changed the Velvet Revolution US corporate name to Protect Our Elections/EMPR. <sarc>Maybe that will help improve his performance.</sarc>

Team Kimberlin Post of the Day


Today’s post is a twofer. First, we’ll look at the TKPOTD from five years ago today which dealt with one of the most absurd claims in The Dread Deadbeat Pro-Se Kimberlin’s Second Amended Complaint in his RICO Madness LOLsuit—the idea that there was some sort of connection between Team Themis and the defendants in the RICO Madness case. Next, we’ll look at the reaction that post elicited.

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RICOMadnessHere’s some more nonsense from The Dread Pro-Se Kimberlin’s proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-37Velvet Revolution US is the 501(c)(4) that TDPK cofounded with Brad Friedman. It operates a website called Indict Breitbart (No, I won’t link to it.) which, like all the VRUS sites, has a Donate button.IndictBrietbartdotorg

The domain was registered in September, 2010.
IndictBreitbart_Reg

Raising money off of false narratives …

Hmmmm.

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That TKPOTD resulted in some interesting comments coming in to the blog. So I published this post, In Re THEMIS.

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THEMIS (Time History of Events and Macroscale Interactions during Substorms)  is a mission to investigate what causes auroras in the Earth’s atmosphere. The program is run by NASA/Goddard Space Flight Center and not by the agency just up the road that forgot to buy both vowels.

I have never had any connection to the program.

UPDATE—I found this attempted comment while taking my morning coffee break.TK201404041329ZOf course, the IP address doesn’t belong to Amazon.IPlookup20140404Not only that, it’s not actively assigned.NoMatch

Hi, Neal!

UPDATE—Ooooo! Struck a nerve, have we? This comment just came in attributed to my late mother.TK2014041542ZCan you say “desperation”?

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As with so many other things, TDPK’s futile attempt at brass knuckles reputation management via lawfare failed—in large part because of his and Team Kimberlin’s incompetence.

Team Kimberlin Post of the Day


Four years ago today, things weren’t going so well for The Dread Deadbeat Pro-Se Kimberlin, and I poked a bit of fun at him and his buddies with a post titled Team Kimberlin Channels Brave Sir Robin. Let me set the stage for those who weren’t following The Saga back then or whose memories have gone fuzzy.

On Friday, 13 March, 2015, the District Court of Maryland for Montgomery County denied Kimberlin’s peace order petition against me. On Monday the 16th, Kimberlin filed his RICO 2: Electric Boogaloo LOLsuit which included me as a defendant. The next day, the 17th, his first RICO LOLsuit (Kimberlin v. National Bloggers Club, et al., aka Kimberlin v. The Universe, et al., aka RICO Madness) was dismissed against me by the U. S. District Court for the District of Maryland, the federal counts with prejudice and the state counts without prejudice.

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Beginning last Sunday (when The Dread Pro-Se Kimberlin had probably put the finishing touches on his Kimberlin v. Team Themis, et al. RICO2 LOLsuit), I began receiving an unusually large number of obscene and/or threatening comments here at Hogewash!; most of them were poorly done photoshop jobs that used Mrs. Hoge’s face in an inappropriate manner.) The last one came in at 3:21 pm ET on Tuesday, 17 March.

sir robin shieldAt 3:56 pm on Tuesday, I posted Judge Hazel’s order dismissing all of TDPK’s Kimberlin v. The Universe, et al. RICO Madness claims against me. Since then,

[crickets]

Brave Sir Anonymous Coward has run away.

When Team Kimberlin thinks they are about to score a win, they are big on spiking the ball before they get it to the end zone. Where I learned the game, that’s called a fumble, and it often results in a turnover to the other team’s advantage.

#Losers

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Failing failures gotta fail.

Meanwhile, I think I’ll taunt them a second time.

Team Kimberlin Post of the Day


One of Brett Kimberlin’s lawfare attacks on the First Amendment rights of others in his vain attempt at brass knuckles reputation management was his RICO 2: Electric Boogaloo LOLsuit Four years ago today, I filed my first motion in that case, a motion to dismiss for lack of subject matter jurisdiction. That was only two days after the suit had been filed. Of course, I posted the motion here at Hogewash!.

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This morning, I filed this motion in the Kimberlin v. Team Themis, et al. RICO2 LOLsuit.

The motion speaks for itself. I do not intend to make any substantive public comment on the motion until the court has ruled on it.

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A bit more than a year went by, and Judge Hazel granted my motion along with a second motion to dismiss for failure to state a claim upon which relief could be granted on 29 March 2016.

Even if Kimberlin’s claims against the Team Themis defendants had been valid, he’d let the statute of limitations run out before he filed his LOLsuit. He tried to keep his case alive by falsely tying me into Team Themis, but he never actually alleged or offered any evidence that I had conspired with or had any connection to them.

“Plaintiff has failed …”

Team Kimberlin Post of the Day


Yesterday was the fourth anniversary of The Dread Deadbeat Pro-Se Kimberlin’s filing of the Kimberlin v. Hunton and Williams, et al. RICO 2: Electric Boogaloo LOLsuit. Today is the anniversary of the dismissal of almost all of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit which I announced with this post titled Qapla’.

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Judge Hazel has issued a ruling in the Kimberlin v. The Universe, et al. RICO Madness.

For the reasons stated above, the Court will GRANT all of Defendants’ motions to dismiss, except that it will DENY Defendant Frey’s motion to dismiss as to Count II, which will proceed into discovery. Thus, Count I (RICO) and Count III (§ 1985) are dismissed, with prejudice, as to all Defendants. The remaining state law claims (Counts IV, V, VI, VII, VIII, IX, X) are also dismissed as to all Defendants, without prejudice to Kimberlin’s right to re-file in state court, should he so choose.

Here’s the judge’s complete order.

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Brett Kimberlin’s worst mistake was suing me.

I’m not done with him yet.

Team Kimberlin Post of the Day


Today is the fourth anniversary of The Dread Deadbeat Pro-Se Kimberlin’s filing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit. Three years ago, The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler was in the motions to dismiss phase. Here’s another twofer from three years ago today, the TKPOTD and a Legal LULZ Du Jour.

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It’s easy to make fun of the Cabin Boy™ when he writes the punchlines of the jokes.RD201603152007ZThe veracity of his briefs?

How veracious is his claim the Brett Kimberlin isn’t a convicted terrorist? Brett Kimberlin engaged a serial bombing campaign that terrorized the town of Speedway, Indiana. He sued Aaron Walker, Stacy McCain, Ali Akbar, and me for a million dollars, claiming that we engaged in false light invasion of privacy by calling him a terrorist. He lost that lawsuit.

How veracious is his claim that Brett Kimberlin isn’t responsible for the death of Carl DeLong? An Indiana trial jury found him responsible, and the Indiana Supreme Court upheld their verdict.

How veracious is his claim that Aaron Walker is currently a defendant in yet another Kimberlin LOLsuit? Aaron was dismissed from the RICO Retread LOLsuit on a mix of motions for dismissal for failure to state a claim and for summary judgment back in January.

How veracious is … oh, you get the point. Bill Schmalfeldt is a liar.

One does not simply lie in a declaration to the court and expect not to get burned.

One more thing … Bill Schmalfeldt is an adjudicated harasser and an adjudicated cyberstalker of a minor child. While I take no pleasure in writing that statement, I have a certain appreciation for its irony. You see, Gentle Reader, Bill Schmalfeldt was among the cyberthugs who were engaging in online defamation of me just about this time last year, claiming that I had engaged in online harassment of a teenage girl. Their story was false, and both the civil and criminal actions filed against me fizzled. OTOH, the Cabin Boy™ now has collected a total of nine restraining/peace/no-contact orders issued by courts in five states, and one of them protects a three-year old kid.

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RD201603160135Z

IIRC, it was the Cabin Boy™ who used a declaration from Brett Kimberlin as an exhibit supporting a motion.

One does not simply lie in a declaration to the court and expect not to get burned.

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The Truth is out there, but the Cabin Boy™ has no idea where.