Team Kimberlin Post of the Day


Four years ago today, I published The RICO Retread LOLsuit Complaint. That case was The Dread Deadbeat Pro-Se Kimberlin’s attempt to salvage the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuits after it had been dismissed from federal court.

After losing two other state cases against me (res judicata being one of the reasons he lost the second time), TDPK dropped my from his list of defendants. He had kept me in the second federal RCIO nonsense in an attempt to skirt the statute of limitations which had otherwise run out on most of the other defendants.

* * * * *

Here’s what The Dread Pro-Se Kimberlin filed—

Since I’m not a party, I’ll be fisking some of this in some follow up posts.

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One of the obvious problems with that LOLsuit was that he was seeking relief not only for himself but also for third parties not in the case. Which third parties? Why, Justice Through Music Project and Velvet Revolution US, corporate entities that required representation by a lawyer.

BTW, Res Judicata coffee mugs, t-shirts, and other goodies are available at The Hogewash Store.

Team Kimberlin Post of the Day


This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

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One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

* * * * *

Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Brett Kimberlin doesn’t like to take No for an answer. Several days after Judge Hazel has dismissed the Kimberlin v. Hunton & Williams, LLP, et al. RICO 2: Electric Boogaloo LOLsuit with prejudice, The Dread Deadbeat Pro-Se Kimberlin was still filing court papers in the case arguing against dismissal. Here’s the TKPOTD from four years ago today and a follow up RICO 2 Post-Mortem Update that appeared later that morning.

* * * * *

Too little, too late. I received this in the mail yesterday. It hasn’t appeared on PACER. It is dated three days after Judge Hazel dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.

It’s also interesting that Kimberlin’s letter to Judge Berger, which is dated two days earlier than this “Notice,” does not appear on the case docket for the U. S. v. Blankenship.

Hmmmmm.

UPDATE—Corrected the delay between the dismissal of the case and the date of the Notice.

* * * * *

Judge Hazel has returned The Dread Pro-Se Kimberlin’s Notice to the Court.

The case is over. Kimberlin lost. He can, and probably will, appeal in keeping with his promise of lawsuits for the rest of my life. Meanwhile, …FrenchTaunt

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He always seems to come up short.

Team Kimberlin Post of the Day


One of Brett Kimberlin’s recurring bug-a-boos was Team Themis, a commercial intelligence operation run by some companies also engaged in government work. Kimberlin alleged in his Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit that Team Themis had be conducting a defamatory dirty operation against him on behalf of the Ul. S. Chamber of Commerce—and that my blogging here at Hogewash! was somehow connected with that operation.

Kimberlin has been griping about Team Themis for years. In fact, when I searched Breitbart Unmasked for references to Team Themis, I found one posted on 20 March, 2012, when the site was only one month old.

The former blogger, Seth L. Allen, then set out on an internet smear campaign to destroy both Brad Friedman and his business partner Brett Kimberlin. I won’t go into detail about either of them in this post, suffice it to say though that there was a larger campaign against both parties started by The U.S. Chamber of Commerce which had been under attack by organizations involved with Mr. Kimberlin, and which ended up in the folding of the HBGary Security firm over planned social media destruction campaigns against both Brad Friedman and his business partner: which HBGary had been competing for in the security sector with Palantir Security and a number of other firms that called themselves Team Themis.

One of the ways that I have thumbed my nose at Kimberlin through the years has been with occasional posts about a NASA mission called THEMIS. Such a post six years ago today resulted in some odd comments to which I responded this way—

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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”?

* * * * *

BTW, There are indications that the partnership between Brad Friedman and Brett Kimberlin has been dissolved. They were the co-incorporators of Velvet Revolution US, but since the corporate name was change to Protect Our Elections/EMPR in 2017, Friedman hasn’t appeared to have any connection to the organization. The last IRS filing I’ve found listing Friedman as a Director was for 2015.

Hmmmmm.

Team Kimberlin Post of the Day


One of the reasons that Brett Kimberlin’s brass knuckles reputation management LOLsuits have failed is that he’s consistently bitten off more than he can chew. The TKPOTD from five years ago today takes note of his choice of defendants in the RICO 2: Electric Boogaloo LOLsuit include folks with the resources to effectively crush his case.

* * * * *

popcorn4bkSeveral people have pointed out that the lead defendant in The Dread Pro-Se Kimberlin’s RICO2 LOLsuit (Kimberlin v. Team Themis, et al.) is a law firm with 800 or so lawyers on staff.

The other interesting defendant is Pacific Northwest National Laboratories which is a part of the U. S. Department of Energy. TDPK has filed suit against the federal government.

* * * * *

His grandiose claims not withstanding, The Dread Deadbeat Pro-Se Kimberlin’s problem hasn’t been delusions of grandeur so much as delusions of adequacy.

Team Kimberlin Post of the Day


One of the most consistent things about Brett Kimberlin has been his ability create grandiose plans that are doomed to failure. Whether it’s been dope smuggling flimsily disguised as some sort of DoD special operation, multiple attempts at a career as a musician, or protecting our elections, Kimberlin has a almost completely unblemished record of failure. The TKPOTD from four years ago today dealt with his failed attempt to intervene in the Donald Blankenship criminal trial stemming from the Upper Big Branch mining disaster.

* * * * *

Donald Blankenship, CEO of Massey Energy, Acquitted of All Felony Charges
Convicted on One Misdemeanor Charge
Justice Department and Brett Kimberlin Hardest Hit

In his RICO 2: Electric Boogaloo LOLsuit The Dread Pro-Se Kimberlin alleges that part of the nefarious activity of the mythical RICO enterprise was to intimidate him so he wouldn’t testify to the Blankenship grand jury.ECF 67 Decl-3

popcorn4bkOf course, avoiding grand jury testimony might have been beneficial for TDPK. His first felony conviction was for lying to a grand jury.

And in other legal news—not one of the court rulings in any of the Kimberlin-related suits went in his favor this week.

It has been a pretty good week. Stay tuned.

UPDATE—Over has his craft blog, Dave Alexander comments on TDPK’s connection to the Blankenship case.

What would have Kimberlin added to the proceedings?  I’m sure it was very important stuff, since as you know, Brett Kimberlin is an expert on explosions.

Read the whole thing.

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I was going to write a joke about things blowing up in his face, but … never mind.

Team Kimberlin Post of the Day


I’ve been a defendant in two RICO LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin. The TKPOTD for three years ago today, dealt with his first RICO suit which was filed almost three decades before he sued me.

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The two RICO LOLsuits that The Dread Pro-Se Kimberlin has filed against me were not his first venture into RICO madness. This is from the section in Mark Singer’s book Citizen K about TDPK in-prison business selling porn.

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, instead of thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Cohabitation. When Kimberlin wrote a letter demanding the material he had originally ordered, the defendant had the temerity to offer instead “sexual aids,” including, Kimberlin noted, “a live-size inflatable doll, dildos, and a vibrating plastic vagina.”

Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000. After “a fucking Reagan appointee” dismissed the suit on procedural grounds, Brett appealed to the Seventh Circuit but was told he’d have to pay an additional filing fee. “I decided at that point I’d spent enough on this,” he said. “So I just blew if off.”

—p. 203

So far, it looks like he’ll be three for three.

* * * * *

TDPK actually went four for four.

Most of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit had been dismissed for failure to state a claim when that TKPOTD was written. The remaining count became the Kimberlin v. Frey RICO Remnant LOLsuit. Kimberlin lost that case at summary judgment, and he lost all the related appeals.

The Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit was still pending three years ago. Kimberlin lost that and the related appeal as well.

A year and a day after the post was published, TDPK filed another RICO suit, Kimberlin v. Breitbart Holdings, et al. That suit was dismissed because his complaint violated the court’s protection order in the Frey case. Kimberlin appealed and lost that appeal also.

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.

* * * * *

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.

* * * * *

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?

* * * * *

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.

* * * * *

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”?

* * * * *

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.

* * * * *

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

* * * * *

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!.

* * * * *

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.

* * * * *

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’.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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.

* * * * *

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

Team Kimberlin Post of the Day


The TKPOTD a few days ago dealt with Bill Schmalfedt’s sticking his nose into to something that wasn’t any of his business. He has a history of doing that quite a lot. This post from three years ago today titled It’s Billogical! details another example of his unwelcome intrusion into the lives of others.

* * * * *

The Cabin Boy’s™ wild goose du jour has to do with his finding a prayer request for a woman he believes is Patrick Grady’s wife in a bulletin from a church in the same town where the Gradys live. He offers no evidence that the Gradys are members or otherwise associated with that church or that the woman in question is actually Patrick Grady’s wife. They may be, and she may be, but he offers no evidence.

But that’s not the real Billogical leap.

The Cabin Boy™ has latched onto the fantasy that the prayer request proves that the post published by Paul Krendler about his daughter being in an accident is somehow about Mrs. Grady instead. Because of all this, he imagines that Patrick Grady has some explaining to do. (Apparently, Grady is Paul Krendler again.) This is another example of Schmalfeldt’s inability to keep timestamps straight.

Krendler’s post about his daughter was put up on 28 May, 2015, and the church bulletin is for May, 2015. The Cabin Boy™ has thus jumped to the conclusion that these dates prove … something! Of course, what it proves is that Schmalfeldt has no idea of the meaning of due diligence. If he had examined the bulletin’s metadata, he would have seen that it was published at the end of April—just like most other publications that laid out a schedule of events for a coming month of May. Moreover, if he had looked at the next item down the page from the prayer request he would have seen this—NatDayPrayer

If the bulletin was published in a time frame where “May 7th” was “next Thursday,” then it probably was issued before that date. All the Cabin Boy™ had to do was read the entire page where he found that prayer request, and he would have known that his “evidence” didn’t fit his Billogical preconceptions.

Bill Schmalfeldt has yet again invaded the privacy of the Grady family (and perhaps a second family and their church as well). I’ve met Patrick Grady. He strikes me as a thoughtful and patient fellow, but if I were in his shoes, my patience would be exhausted, and I would be seeking to have the existing stalking no contact order enforced.

* * * * *

The Cabin Boy™ included Patrick Grady among the defendants in his most recent losing LOLsuit VIII: Avoiding Contact. Neither The Dreadful Pro-Se Schmalfeldt nor The Dread Deadbeat Pro-Se Kimberlin have been able top establish the identity of Paul Krendler. The Cabin Boy™ claimed that Patrick Grady am Paul Krendler in LOLsuit V: The Final in Maryland, and that case was dismissed with prejudice. Schmalfeldt’s excellent friend claimed that I am Paul Krendler in his RICO 2: Electric Boogaloo LOLsuit. That suit was dismissed with prejudice.

By 2016, TDPK had lost enough LOLsuits to figure out that res judicata prevented him from recycling his specious claims against me, and he dropped me from the state RICO 2 Retread LOLsuit. However, The Cabin Boy™ is a slower learner. He sued Patrick Grady alleging that he’s Paul Krendler three more times. He hasn’t done a fourth time. Yet. We’ve yet to see if he’s really learned his lesson.

Team Kimberlin Post of the Day


One of the consistent themes put forward by Team Kimberlin is that they are the victims of false narratives and that their defeats in court have been the result of unfair treatment by judges or cheating by the opposing parties. The Legal LULZ Du Jour from three years ago dealt with one example of such a silly claim. Note: The “Lynn” referred to in the first tweet is a woman who wound up getting a restraining order against Bill Schmalfeldt.

* * * * *

Thus tweeteth the Cabin Boy™—dbr201512111512Zdbr201512111514ZLet’s see … the last time the Cabin Boy™ sued me … oh, yeah, that was the LOLsuit in the Circuit Court for Howard County. Now, how did that go?

Yeah, I remember now. Judge Kramer dismissed the suit against the out-of-state defendants because The Dreadful Pro-Se Schmalfeldt had failed to serve them, and she dismissed the case against me because I was being sued in the wrong county. Now, I’m pretty sure that I told the judge that I lived in Carroll County and didn’t work in Howard County, and I didn’t lie about that.

Hmmmm.dbr201512111516ZIt must be some technicality under Acme Law that makes living outside of Howard County a form of cheating. Still, I don’t remember any sense of humiliation as a result of winning.

Perhaps I’m not the one with a progressive brain disorder.

UPDATE—dbr201515111732Z

*yawn*

* * * * *

The Truth is not Team Kimberlin’s friend.

Oh, and the Cabin Boy™ sued me once more. I was a defendant in LOLsuit VIII: Avoiding Contact. That case was dismissed against me because of the court’s lack of personal jurisdiction, i.e., Schmalfeldt sued me in the wrong court. Again.

Come to think of it, the state law claims that The Dread Deadbeat Pro-Se Kimberlin tried to bring against me in the RICO Madness and RICO 2: Electric Boogaloo LOLsuits were also dismissed because the U. S. District Court lacked jurisdiction. The RICO Retread LOLsuit could have been dismissed in state court for improper venue, but the judge dismissed it for failure to state a claim in order for the dismissal to be with prejudice.

Incompetent cases filed in the wrong courts. It’s almost as if there’s a pattern here.

Team Kimberlin Post of the Day


Perhaps one of the reasons that The Dread Deadbeat Pro-Se Kimberlin has been slacking off on his promise of lawsuits “for the rest of their lives” against the original defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit is that he’s figured out that he can’t beat us. After he made the mistake of calling Stacy McCain as witness in the first LOLsuit (never try to outcrazy Stacy McCain), he dropped Stacy from the cases filed after August, 2014. After he lost both the federal and state Kimberlin v. National Bloggers Club, et al. RICO Madness and RICO Retread LOLsuits, he dropped Ali Alexander and Aaron Walker from further cases. Finally, after losing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, he dropped me from the follow-on RICO 2 Retread state case.

The RICO 2 Retread LOLsuit sputtered, and by this time a couple of years ago, it was on its last leg as was reported in the TKPOTD from two years ago today.

* * * * *

The Dread Pro-Se Kimberlin has filed a motion seeking a postponement of the motions hearing scheduled for 15 November in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. That’s the state version of the Team Themis LOLsuit filed in the Circuit Court for Montgomery County. The only remaining defendants are Bill Nickless, Battelle (the not-for-profit that runs Pacific Northwest National Labs for the Department of Energy), and some John Does. Judge Mason hasn’t granted his motion yet, so it looks as if the remaining motions to dismiss will be heard next week, and another of TDPK’s LOLsuits should bite the dust.

We’ll see.

* * * * *

We didn’t have to wait long. Not long thereafter, the case docket showed that Kimberlin had voluntarily dismissed the LOLsuit against those defendants. And then he failed to follow through with an appeal.

Maybe he was lying when he promised lawsuits “for the rest of their lives.” He is a convicted perjurer, you know.

Team Kimberlin Post of the Day


Much of the stale and worn-out material cluttering the colossal wastes of bandwidth that are The Dread Deadbeat Publisher Kimberlin’s websites would have been taken down years ago by someone who was running legitimate sites. This outdated notice is still posted at huntonandwilliamswatch.org.The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit over two years ago, and he lost the subsequent appeal to the Fourth Circuit Court of Appeals. In fact, he was sanction for frivolously including me in that appeal.

I’m beginning to wonder if he’s leaving all this detritus up because he enjoys being the subject of continuing pointage, laughery, and mockification.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin would string together some of the sillies lies to try to fill out the false narratives in his LOLsuits. The TKPOTD from three years ago today dealt with one of the whoppers in this RICO 2: Electric Boogaloo LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin has me confused with another William Hoge. He put this in a recent filing in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 67-p8He must have me confused with my late father, who was a Special Agent in the U. S. Army Counter Intelligence Corps during World War II. He was involved in investigative work in the U. S. during the first part of the war, and he commanded a Counter Intelligence Team attached to the 66th Infantry Division in Europe. (Military Intelligence was not a separate branch back then. My father was commissioned in the Infantry, and he was the only infantry officer to accept the surrender of a German submarine, but that’s another story.) After the war, his CIC team was involved in rounding up Nazis. He continued to serve in the Army Reserve until the late ’60s and transferred to Military Intelligence when it became a separate branch.

I was commissioned in the Signal Corps, and while I worked closely with SIGINT guys from time to time, I was never a part of Military Intelligence. I’ve had various security clearances as a soldier or as an engineer working on government programs, but I’ve never been a spook.

TDPK is either very confused or hallucinating or lying. Or perhaps all three.

* * * * *

Upon reflection, this was certainly an example of a time to embrace the power of AND.

Team Kimberlin Post of the Day


Among the false narratives that Team Kimberlin has tried to peddle are the contradictory stories about the secret identity of “Paul Krendler.” While The Dreadful Pro-Se Schmalfeldt is usually fixated on the idea that Patrick Grady is Paul Krendler, he has alleged that others (including himself) are The Thinking Man’s Zombie. As the TKPOTD from three years ago today notes, The Dread Deadbeat Pro-Se Kimberlin, OTOH, has been consistent in his claim that I am Paul Krendler.

* * * * *

I’m reasonably certain that The Dreadful Pro-Se Schmalfeldt haz sad cuz he didn’t get to ask me under oath about the identity of Paul Krendler.

As I have already said under oath, I don’t know.

In paragraph 58 of his complaint in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogoloo LOLsuit, Paul Krendler is identified as me.

I don’t know who Krendler is, but I do know that I’m not he.

* * * * *

There’s been speculation that the Cabin Boy™ is ginning up LOLsuit IX in a fit of pique over his self-inflicted inability to land a job. If he’s stupid enough to file such a suit, I believe that he’ll find some way to tie Paul Krendler into it. It’s also probably a safe bet that he’d file in the wrong venue, fail to state a claim upon which relief can be granted, and whine when the case is dismissed.

Team Kimberlin Post of the Day


The TKPOTD from two years ago today was a bit of a progress report on The Dread Deadbeat Pro-Se Kimberlin’s lawfare.

* * * * *

I’ve enjoyed reporting the news relating to the The Dread Pro-Se Kimberlin’s LOLsuits over the past couple of weeks. You can see it in the expression on my face in this picture Lee Stranahan took as I was typing the Qapla’ post last Thursday.

For those Gentle Readers who may have missed some of the action, here’s a brief recap—

On 29 March, Judge Hazel put the Kimberlin v. Hunton & Williams LLP, et al. lawsuit (AKA Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit) out of its misery and dismissed it with prejudice. On 1 April, Kimberlin tried to file a “Notice to the Court” offering a frivolous argument against dismissing the case. On 4 April, Judge Hazel returned the “Notice” along with a form letter saying that the case was closed.

Also, April Fool’s Day was the last day for discovery in the Kimberlin v. Frey lawsuit (AKA the RICO Remnant LOLsuit because it’s the dying ember of TDPK’s first RICO case). Kimberlin has sent out a raft of defective subpoenas, and he has whined to Judge Hazel about the lack of third-party cooperation. Last Wednesday, the U. S. Chamber of Commerce filed a motion to quash a bizarre, untimely subpoena they received from Kimberlin in the Frey case. Kimberlin has an open motion for sanction against me in this case because he is unhappy with the material I voluntarily provided in response to a defective subpoena he sent me. Because the responsive items I had were innocuous, I decided to let him have them rather than have to deal with a motion to compel. Given his reaction, I doubt I will ever voluntarily give him anything again. Murum aries attigit.

On Thursday, there was a hearing on the remaining open motions to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) lawsuit (AKA as the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit). Judge Mason dismissed all four defendants whose motions were heard: Dan Backer, DB Capitol Services, Lee Stranahan, and me. Three unserved defendants remain—Ali Akbar, the National Bloggers Club, and Patrick Frey—along with Mandy Nagy, who is unable to help with her own defense because of the effects of stroke she suffered. The case will not have a final disposition until it is resolved against those defendants; it cannot be appealed until there is a final disposition.

On Friday, my co-appellees and I received word that the Maryland Court of Special Appeals had denied Kimberlin’s motion for reconsideration of their denial of his appeal in the first state case, Kimberlin v. Walker, et al. The court also assessed over $3,700 in costs against Kimberlin.

So, as of now, every one of Kimberlin’s suits against me has failed. The only open item remaining is his motion for sanctions concerning a subpoena in the Frey case. His appeal in the first state case has failed. He can file a petition for a writ of certiorari with the Maryland Court of Appeals (the state’s highest court), but that court is not likely to accept the case. He can’t appeal the second state case yet. If he does, he’ll have to argue that the dismissals, at least one of which was partially based that court’s findings in his previous appeal, were in error. He can’t appeal the first RICO case either until the claim against Frey is disposed of.

For now, his only real option to continue making good on his statement that I should expect to be sued for the rest of my life is to appeal the dismissal of the Team Themis case to the Fourth Circuit. As I have written before, my strategy for the case has assumed such an appeal from Day One.

Go ahead. Make my day.

* * * * *

TDPK didn’t know when to quit, and wound up losing his further appeals.

It may turn out that his worst mistake was suing me. I’m not done with him yet.

Team Kimberlin Post of the Day


One of the major problems that the Dread Deadbeat Pro-Se Kimberlin has had with his LOLsuits is that that he has often waited until too late to file paperwork. The TKPOTD and a follow up post from two years ago document one example.

* * * * *

Too little, too late. I received this in the mail yesterday. It hasn’t appeared on PACER. It is dated three days after Judge Hazel dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.

It’s also interesting that Kimberlin’s letter to Judge Berger, which is dated two days earlier than this “Notice,” does not appear on the case docket for the U. S. v. Blankenship.

Hmmmmm.

UPDATE—Corrected the delay between the dismissal of the case and the date of the Notice.

* * * * *

Judge Hazel has returned The Dread Pro-Se Kimberlin’s Notice to the Court.

The case is over. Kimberlin lost. He can, and probably will, appeal in keeping with his promise of lawsuits for the rest of my life. Meanwhile, …FrenchTaunt

* * * * *

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Today is the second anniversary of Judge Hazel’s dismissing the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit, which reported in this Qapla’ post.

* * * * *

I win. Again.

Judge Hazel has dismissed the RICO 2: Electric Boogaloo LOLsuit with prejudice.

I am pleased.

res_judicata_mugsUPDATE—Once again, Judge Hazel has correctly taken the position that The Dread Pro-Se Kimberlin’s state law claims were none of the federal court’s business. Those claims were dismissed without prejudice. TDPK can refile them in state court. He may, but they will be barred by res judicata and collateral estoppel.

UPDATE 2—Kimberlin continues his perfect record of batting .000 against me. Two false criminal complaints failed. A bogus peace order petition failed, both in the District Court and on appeal in the Circuit Court. His first RICO Madness case failed, as did his appeal to the Fourth Circuit. His first state LOLsuit failed, and he lost his appeal of that one also. Now, he’s lost RICO 2.

I wonder if he’s getting the message yet?

* * * * *

It’s taken a while, but The Dread Deadbeat Pro-Se Kimberlin may be getting the message.

He appealed the dismissal to the Fourth Circuit Court of Appeals. Not only did that court affirm the dismissal, the Fourth Circuit sanctioned Kimberlin for frivolously including me in that appeal.

However, when TDPK refiled the suit in state court, he was smart enough to drop me as a defendant, and although he filed an appeal of the dismissal of the state case, he later wised up and withdrew that appeal.

He still hasn’t paid the sanction ordered by the Fourth Circuit—or any of the sanctions he owes me from other cases.

I’m not done with him yet.

Team Kimberlin Post of the Day


T. S. Eliot starts off The Wasteland with these words: “April is the cruelest month …” In The Dread Deadbeat Pro-Se Kimberlin’s wasteland the cruelest month is probably March.

On 13 March, 2015, his bogus peace order petition against me in the District Court of Maryland for Montgomery County was denied Judge Williams.

On 13 March, 2018, his Kimberlin v. Breitbart Holdings, et al. LOLsuit in the U.S. District Court for the District of Maryland was dismissed sua sponte by Judge Hazel.

On 14 March, 2018, the Kimberlin v. Frey RICO Remnant LOLsuit appeal was dismissed by the Fourth Circuit Court of Appeals. Per curiam. The dismissal wasn’t even worth an opinion.

On 17 March, 2015, the Kimberlin v. National Bloggers Club, et al. RICO Madness LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

On 30 March, 2016, the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

OTOH, I’ve enjoyed March and its

… breeding
[Crocuses] out of the dead land, mixing
Memory and desire, stirring
Dull roots with [late winter] rain.

But that may be related to everything proceeding as I have foreseen.

Team Kimberlin Post of the Day


Three years ago today, The Dread Deadbeat Pro-Se Kimberlin filed his RICO 2: Electric Boogaloo LOLsuit.

He not only lost the suit, he lost his appeal—and he was sanctioned $600 by the Fourth Circuit Court of Appeals for frivolously including me in his appeal.

He hasn’t paid, but I’m not through with him yet.