Team Kimberlin Post of the Day

From time to time, Brett Kimberlin would offer rewards of $100,000 or more for information about election fraud or other things his not-for-profits were “investigating.” Bill Schmalfeldt also offered fake rewards, but they were never so grandiose. Six years ago today, I claimed one the Cabin Boy’s™ reward, but he reneged on the offer.

* * * * *

wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

* * * * *

In fact, Kimberlin was lying. I am not now and I have never been Paul Krendler.

Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

* * * * *

The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

* * * * *

No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

Brett Kimberlin may have thought that he would get a change to stick his hands into some deep pockets with his Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, but he waited until after the statute of limitation has expired against his big money defendants. He tried to solve that problem by including me as a defendant, claiming that my writing about him and his activities was a continuation of the alleged conspiracy to defame him. That made it in my codefendants’ interest to assist in my defense. Here’s the TKPOTD from six years ago today.

* * * * *

The reply to The Dread Pro-Se Kimberlin’s opposition to the motion to dismiss filed by the U. S. Chamber of Commerce in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit contains this paragraph that points out how defective some of TDPK’s allegations against me are.

ECF 71-p17_18Meanwhile, it will be interesting to see if TDPK got around to filing an opposition to my motion to dismiss for failure to state a claim and what tale he might have tried spin as part of it.

Stay tuned.

* * * * *

Of course, the lawyers for the Chamber of Commerce were correct in stating that even if I had done what Kimberlin alleged, such acts would not have provided any basis for a lawsuit. Additionally, allegations such as Kimberlin’s tale that I had ever fantasied about murdering him were simply false.

His lawsuit against me was dismissed with prejudice for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

Six years ago today, one of my codefendants in the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit filed a motion to dismiss which prompted me to publish this post about More Electric Boogaloo.

* * * * *

The lawyers for the U. S. Chamber of Commerce have filed a reply to The Dread Pro-Se Kimberlin’s opposition to the Chamber’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

I found Exhibit 1 to be interesting.

* * * * *

There were some interesting admissions against interest in that email that were useful in other cases, but the prizewinner was the prediction that Judge Hazel would not grant the motions to dismiss in the original RICO Madness LOLsuit.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with on of the more bizarre claims that Brett Kimberlin made about my background in his 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.

* * * * *

He was lying.

Team Kimberlin Post of the Day

The Kimberlin v. Hunton & Williams, et al. LOLsuit was the second of the failed federal RICO cases he brought against me. Six years ago today, i filed a motion to dismiss the case. I posted a copy as More RICO 2: Electric Boogaloo.

* * * * *

Today, I filed a motion to dismiss for failure to state a claim in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. I filed it by mail. Normally, I would wait until the motion appeared on PACER to post it here, but since The Dread Pro-Se Kimberlin should receive his copy tomorrow, I figure I might as well post it today.

Murum aries attigit.

BTW, under the Federal Rules of Civil Procedure, his opposition to this motion will be due not later than the 21st. That’s the Monday following the Friday that his amended complaint is due in the state RICO Retread LOLsuit.

* * * * *

I wasn’t the only defendant to file that day. Those motions to dismiss can be found here and here.

Team Kimberlin Post of the Day

Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

* * * * *

Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

* * * * *

Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

* * * * *

Go read it.

* * * * *

While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longes single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

Team Kimberlin Post of the Day

This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

* * * * *

@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

* * * * *

When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with one of the weaker claims that Brett Kimberlin made to support his imaginary Team Themis conspiracy in the RICO 2: Electric Boogaloo LOLsuit.

* * * * *

This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-43Ya’ think?

* * * * *

Even if documents existed that related to such contracts, they would probably be classified and not subject to the Freedom of Information Act. Failure to provide classified information to someone incapable of holding a security clearance is not evidence of a conspiracy.

Kimberlin has clearly been frustrated that his fishing expeditions (FIOA, lawsuit discovery, buying foreign documents, etc.) have always failed to turn up dirt on his perceived enemies.

Losing losers gotta lose.

Team Kimberlin Post of the Day

Sometimes truth is stranger than fiction. The TKPOTD for five years ago today dealt with the time I partially supported a motion The Dread Deadbeat Pro-Se Kimberlin filed in the RICO 2: Electric Boogaloo LOLsuit.

* * * * *

Dogs and cats living together! Yesterday, I filed this response to The Dread Pro-Se Kimberlin’s latest nonsense in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit wherein I partially support his motion.

Truth really is stranger than fiction.

* * * * *

The whole thing became moot when the suit was dismissed with prejudice.

Team Kimberlin Post of the Day

All of Team Kimberlin’s lawsuits fell apart simply because neither the facts nor the law supports any of their claims. The TKPOTD for five years ago today dealt with one of the more absurd bits of creative writing Brett Kimberlin put out to try to shore up the collapsing RICO 2: Electric Boogaloo LOLsuit.

* * * * *

Yesterday was the deadline for The Dread Pro-Se Kimberlin to cut bait or fish with respect to his proposed amended complaint in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. He cut bait. Sorta/kinda. This is what he filed—

He says he can’t file an amended complaint, so he will supplement his original complaint with additional allegations. Here’s what Judge Hazel told him last year:

It is well-established, however, that a plaintiff cannot amend his or her complaint through the use of opposition briefs.

Kimberlin v. National Bloggers Club, et al., Case No. 13-CV-03059-GJH, Memorandum Opinion (D.Md. Mar. 17, 2015), n, 3 at 12. We’ll see how far this motion gets.

Beyond noting that there is a certain magnificence to the scope of the hallucinatory nature of the plot TDPK tries to sell with this nonsense, I have no further comment on his filing.

* * * * *

Footnote 5 of Judge Hazel’s Order dismissing the RICO 2 LOLsuit states this about the filing shown in the post (ECF No. 125)—

Plaintiff attemps to salvage his time-barred Complaint by alleging new facts in subsequent filings and briefs, see, e.g,, ECF No. 125, but Plaintiff “is bound by the allegations contained in its complaint and cannot, through the use of motion briefs, amend the complaint,” Zachair, Ltd. v. Driggs, (65 F.Supp, 741, 748 n.4 (D.Md. 1997), aff’d, 141 F.3d 1162 (4th Cir. 1998) (unpublished table opinion). The Court gave Plaintiff an opportunity to amend his Complaint , ECF No. 111, 119, and Plaintiff chose not to amend his Complaint, ECF No. 125.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with the topic of Brett Kimberlin and Team Themis. At that time, I had no connection to that particular brouhaha, but that would change in a coupe of months. Several of the links below have been memory-holed.

* * * * *

The most bizarre bit of nonsense in all of The Dread Pro-Se Kimberlin’s ranting in the Kimberlin v. The Universe, et al. RICO Madness is his spinning of a fable concerning Team Themis. The beginnings of the Team Themis non-story go back to before my time as a blogger, but Stacy Mc Cain has written some about it. This piece about Barrett Brown and ‘Team Themis’ provides a reasonable summary of what probably happened in a skirmish between the U. S. Chamber of Commerce and the nascent Team Kimberlin.

Here’s the money quote.

The reference is to U.S. Chamber Watch, a wholly owned project of Brett Kimberlin’s Velvet Revolution! Of course, at that point, I’d never heard of Brett Kimberlin or Velvet Revolution, but it’s kind of weird how, over the course of several months in 2011 and 2012, these divergent threads came together. In September 2011, Neal Rauhauser e-mailed Barrett Brown’s colleague Gregg Housh to coordinate “Occupy” activism on behalf of Velvet Revolution. And in September 2012, Rauhauser as “Carlito2000″ got Barrett Brown agitated about Jennifer Emick.

So while Barrett Brown is being celebrated as a journalistic hero by the New York Times and Rolling Stone, I’m being sued by the convicted bomber Brett Kimberlin for “DEFAMATION, MALICIOUS PROSECUTION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS” and yet — checking my e-mail inbox again — no, neither David Carr of the New York Times nor Alexander Zaitchik of Rolling Stone seems to find that story interesting.

Just a coincidence, I’m sure . . .

Sure, Stacy. Just a coincidence.

* * * * *

Kimberlin finally decided to file a LOLsuit specifically related to Team Themis, but he had waited too long, and the statute of limitation had run out. In order to have a continuing conspiracy with recent enough acts to allow for a suit, he added me as defendant in the RICO 2: Electric Boogaloo LOLsuit and claimed without any evidence that I was connected to Team Themis.

(Team Themis was supposedly a group of Intelligence Community contractors. I work as a contractor to NASA, so maybe he had NASA confused with the agency who didn’t buy both vowels.)

When Judge Hazel dismissed the RICO 2 LOLsuit, he did it for failure to state a claim upon which relief could be granted. That was a finding on the merits, so Kimberlin can’t refile the same claims again.

Team Kimberlin Post of the Day

I was going through some of the court filings in the RICO 2: Electric Boogaloo LOLsuit while collecting information for a new project when I came across this—It was only a few days later that another court ruled in another suit that Kimberlin has failed to state a claim for defamation because his reputation was so bad that he was defamation proof.

Heh.

Team Kimberlin Post of the Day

Well, I think at least one reason has become obvious as to why Kimberlin avoided posting anything like this in 2020.

Of course, The Dread Deadbeat Protector Kimberlin hasn’t been the only member of Team Kimberlin to offer a bogus reward. This post, Reward Claimed!, is from five years ago today.

* * * * *

wms201511060015Zwms201511060017ZI hereby claim half the reward. The other half should go to Brett Kimberlin for outing me in his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit complaint.ECF 1-58

I should get my share for verifying my address and phone number. They are are 20 Ridge Road, Westminster, Maryland  21157, and (410) 596-2854. Since I don’t have a SEEKRIT SITE, I cannot provide a non-existent password.

Failure to pay the reward forthwith will be considered proof by the Cabin Boy™ that The Dread Pro-Se Kimberlin is lying in his complaint.

UPDATE—rsmccain201500060103Z

UPDATE 2—The Cabin Boy™ has verified in a comment below that he won’t honor his reward offer. Furthermore, under the conditions outlined above, he appears to confirm that Brett Kimberlin lied in his RICO 2 complaint.

UPDATE 3—Perhaps the Gentle Reader is wondering why the Cabin Boy™ offered the reward. One might guess that he feels flush with insurance cash, but I don’t think that’s the reason. I think he’s taken a page out of the Team Kimberlin playbook of offering a reward with no intention of paying. I’ll bet he believes that the “reward” gives him a basis for saying that some anonymous person ratted out [insert harassment target’s name here] as Krendler and that it provides cover for his next faildox.

* * * * *

Both Kimberlin and the Cabin Boy™ are deadbeats.

Team Kimberlin Post of the Day

The TKPOTD from five years ago today examined one of the claims Brett Kimberlin made in his second federal RICO LOLsuit against me.

* * * * *

Here’s an interesting bit of information from The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.ECF 74-p21A loss in his earnings? Hmmmmm. That loss must have been relatively recent. The IRS Form 990s for Justice Through Music show him making $19,500 a year in 2010, 2011, 2012, and 2013. (2014’s form doesn’t appear to have been filed yet.) Of course, TDPK’s claim about lost earnings will be easily checked if the suit gets into discovery.

Stay tuned.

* * * * *

Indeed, Kimberlin was lying. The Justice Through Music Project Form 990s through 2018 all show his compensation as $19,500 per year.

They also show an interesting trend in the not-for-profit’s income.

2013 $380,287
2014 $595,230
2015 $373,508
2016 $618,790
2017 $394,740
2018 $561,794

Of course, it could be purely coincidental that JTMP’s income spiked upward during election years. After all, as a 501(c)(3) entity, it isn’t supposed to engage in partisan political activity, and Kimberlin created the now defunct Velvet Revolution US as a 501(c)(4) which could engage in political advocacy.

Meanwhile, all to the Kimberlin-related websites, including jtmp dot org as of the time this post is being drafted, hosted in the U. S. have gone dark.

Team Kimberlin Post of the Day

This TKPOTD from five years ago today disassembles one of the more obviously false narratives Brett Kimberlin tried to spin about me in order to keep his RICO 2: Electric Boogaloo LOLsuit alive. He added me to the suit just before he filed it when he discovered that the statue of limitations had run out on the Team Themis defendants. He thought he could keep the suit viable by adding me to his imagined conspiracy hoping that some I might have done could be tied to Team Themis.

* * * * *

This is from The Dread Pro-Se Kimberlin’s opposition to the U. S. Chamber of Commerce’s motion to dismiss the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit.

ECF 67-p8

So now, in addition to being Paul Krendler, I’m a member of the “intelligence community.”

Uh, huh. I’ve been working as a government contractor since 2000, but it was for NASA not the NSA.nasa_nsa

NASA. NSA. Perhaps TDPK needs to buy another vowel.

* * * * *

Failing failures gotta fail, so the Gentle Reader should not be surprised to learn that as of 10 pm ET Wednesday evening, the status of the @Itstime_2020 Twitter account was as follows:

Team Kimberlin Post of the Day

Six years ago, my codefendants and I in the Kimberlin v. Walker, et al. nuisance LOLsuit were in the final stages of preparation for the trial. The In Re Kimberlin v. Walker, et al. post from six years ago today provided a short history of how I came the be sued by Brett Kimberlin.

* * * * *

We go to trial on Monday. Aaron Walker, Stacy McCain, Ali Akbar and I are confident that we will be vindicated. After I return from work today, the weekend will be spent preparing for the trial. Blogging is likely to be very light for the next few days.

I got involved in all this when I became aware of Brett Kimberlin’s anti-First-Amendment activities, especially his attempt to use a peace order to unconstitutionally gag Aaron and his calls to Stacy’s wife’s employer that resulted in the McCain family moving to an undisclosed location. I stuck with the story and was able to cover the various trials and hearing in nearby courts during 2012.  By late 2012, I had become a target of Team Kimberlin as well. By 2013, I became enmeshed in the legal wrangling myself.

I’m looking forward to the trial, not because I enjoy being sued, but because it will bring closure to one part of that wrangling.

I’d like to thank all you folks who have been supportive of my codefendants and me this past year. The best way that you can support us now is with your prayers. The second best is by supporting the Bomber Sues Bloggers [Dead link. That site is no longer active. Thank you to everyone who donated.] fund. Our lawyer is pro bono, but there are other expenses incurred in our defense. The certified transcript for the 1 July hearing cost about $120. Another thing that you can all do is refrain from speculating on either side’s trial strategy. Brett Kimberlin is really quite a doofus in a courtroom. Please don’t give him any hints.

For now, I won’t be writing about this case. There’s plenty of other Team Kimberlin stuff to publish. There’ll be plenty to write about concerning Kimberlin v. Walker, et al. after the verdict.

Stay tuned.

* * * * *

After losing that first LOLsuit, The Dread Deadbeat Pro-Se Kimberlin promise us defendants “lawsuits for the rest of their lives,” and he kept that promise for several years. He hasn’t sued me since he lost the Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit, but there are still open matters from those cases he brought against me. Therefore, …

I’m not done with him yet.

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.

* * * * *

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.

* * * * *

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

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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.

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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.

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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”?

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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.

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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.

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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.

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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.

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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.