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


On 17 March, 2015, Judge Hazel dismissed all but one count against one defendant of the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit. The very next day, The Dread Deadbeat Pro-Se Kimberlin filed a motion for reconsideration of the dismissal of the count alleging violation of the Ku Klux Klan Act against the defendants. Judge Hazel didn’t waste time deny that motion as I reported four years ago with a post In Re RICO Madness.

BTW, the marked up sentence in UPDATE 2 is from a motion that The Dreadful Pro-Se Schmalfeldt had filed in Schmalfeldt v. Hoge, et al. (II) a few days before.

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Judge Hazel has denied The Dread Pro-Se Kimberlin’s motion for reconsideration of dismissal of the Ku Klux Klan Act claims against all defendants in the Kimberlin v. The Universe, et al. RICO Madness.

Qapla’!

UPDATE—The money quote—

Kimberlin is mistaken.

UPDATE 2—FIFY:Explain_the_lawUPDATE 3—Aaron Walker compares Kimberlin’s RICO Madness to Generalissimo Franco.

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Crackpot leftists often seem to have trouble accepting a loss.

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


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


Brett Kimberlin’s life has been filled with grandiose schemes that backfired. His pseudo-black-op cover story for his dope smuggling failed, resulting in his first multiyear sentence. His attempts to use bombings to divert police energy from a murder investigation ran his prison time up to double digits. His attempts to use lawfare to stop truthful reporting about who he is and what he is doing resulted in expanded attention to who he is and what he is doing. The TKPOTD points out one of the core reasons for the failure of his lawfare.

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The Dread Pro-Se Kimberlin has been given until close of business this Friday to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.

Since this is my blog, I’ll start with my discussion of the deficiencies in his allegations of defamation.

32. Plaintiff is a public figure who is defamation proof. He became the object of public attention when he was tried and convicted as the Speedway Bomber. See U.S. v. Kimberlin, 527 F.Supp. 1010 (S.D. Ind. 1981) and 483 F.Supp. 350 (S.D. Ind. 1979). He broadened his fame when, while still in prison on bombing and drug smuggling charges, he claimed to have sold marijuana to then-Vice-Presidential-candidate Dan Quayle. See Kimberlin v. Quinlan, 6 F.3d 789, 791 (D.C. Cir. 1999). Further public interest was generated when his parole for the bombing and drug charges was revoked. Kimberlin v. Dewalt, 12 F.Supp.2d 487 (D. Md. 1998). It was revoked because of failure to make restitution to the widow of a bombing victim (herself a wounded victim) which was a condition of his parole. He achieved another measure of fame when he sued the Bureau of Prisons because he was not allowed to possess an electric guitar in prison. See Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003). As a public figure, he has not alleged any instance demonstrating actual malice or a reckless disregard for the truth by any of the defendants. NYT v. Sullivan, 376 U.S. 254 (1964).

33. As can be seen by the partial listing of Plaintiffs history in the paragraph above, he has considerable reputational baggage. Citizen K: The Deeply Weird American Journey of Brett Kimberlin (Singer, Mark, Knoff, New York, 1996.) is an authorized biography of Kimberlin. It insinuates that Plaintiff had an improper relationship with a ten year old girl (p. 78.), that he was suspected of having arranged the murder-for-hire of the girl’s grandmother. (pp. 82, 83.), and that the subsequent Speedway Bombings were an attempt to distract the murder investigation (p. 89.). The book tells of other unsavory actions, including Plaintiffs bragging about sabotaging military equipment while working in a prison industry (p. 184.). Plaintiffs status as public figure is not unlike Nathan Leopold’s (of Leopold and Loeb); when one commits a sufficiently infamous crime, one becomes a public figure from that day onward. See Leopold v. Levin, 45 Il1.2d 434 (1970).

34. In paragraph 181 of the Amended Complaint Plaintiff alleges that statements by the defendants concerning his behavior make him appear “odious, infamous, and/or frightening” without, as noted above, alleging which particular statement(s) by which particular defendant(s) were defamatory. However, Plaintiff in the past has tacitly acknowledged his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is bad. See e.g., U.S. v. Kimberlin, 805 F. 2d 210, 223-24 (7th Cir. 1986). Indeed, it is so bad as to render him defamation proof. See Jackson v. Longscope, 394 Mass. 577 (1985).

There was one other problem with his allegation of defamation against me.

31. Even if the alleged statements made by Defendant Hoge be defamatory, any claim by Plaintiff is barred by the statute of limitations (Md Courts & Judicial Proc. § 5-105.) because all alleged statements by Mr. Hoge were made more than one year before the filing of the instant suit. 

It won’t matter how he amends his complaint. Brett Kimberlin is a convicted serial bomber, and, like other serial bombers (The Unibomber Ted Kaczynski, for instance), he’s now known as a notorious criminal. He’s defamation proof.

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IANAL, but my opinion that Kimberlin is defamation proof was confirmed. The defamation claim in the RICO Madness LOLsuit was based in state law, so when Judge Hazel dismissed the federal claims in that case for failure to state a claim upon which relief could be granted, he dismissed the state claims for lack of jurisdiction. However, when The Dread Deadbeat Pro-Se Kimberlin filed them as the RICO Retread LOLsuit in state court, Judge Mason dismissed them for failure to state a claim, and one of the bases for that failure with respect to defamation was a finding that Kimberlin is, as a matter of law, defamation proof.

In the process of losing the RICO Remnant LOLsuit, TDPK most likely destroyed any possibility of winning another defamation case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


In yesterday’s TKPOTD I noted that Team Kimberlin’s schemes often blow up in their faces. Five years ago last week, Bill Schmalfeldt tried to stick his nose into Brett Kimberlin’s RICO Madness LOLsuit. He sent a letter to the presiding judge that became a part of the case record. Five years ago today, I took note of his filing, dismissing it as “so ludicrous and immaterial as to not be worth a reply.” However, the part circled in the Scribd post embedded below has been a continuing source of pointage, laughery, and mockification of his claims concerning his medical condition.

Hmmm. That kinda supports Ken White’s opinion that Schmalfeldt is a demented freak.