Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has had difficulty putting together a coherent argument in favor of any of the LOLsuits he’s filed. For example, consider this from the TKPOTD from four years ago today.

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Here’s a real howler from The Dread Pro-Se Kimberlin’s reply to the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. It’s from paragraph 5.ECF 119-5Uh, huh.

Here’s a partial list of deficiencies that I pointed out in my motion to dismiss his first amended complaint that are not addressed in his proposed second amended complaint.

1. The caption of the first amended compliant filed with the Court is not the same as the caption on the purported “first amended complaint” sent to me.

2. Neither version of the complaint alleges with particularity the elements of mail fraud or wire fraud. TDPK never specifies (1) who (2) knowingly made a (3) material (4) false statement (5) intended to deceive an alleged victim (6) who justifiably relied on the statement (7) resulting in injury to the victim. He never identifies a victim either.

3. Neither version of the complaint alleges any particular act meeting the definition of extortion.

4. Neither version of the complaint properly alleges the elements of a RICO conspiracy. TDPK never specifically alleges how he was injured in his business and property by any actual violation of any of the RICO predicate acts.

5. The only specific statement of mine claimed to be defamatory was made outside the bounds of the statute of limitations. The second amended complaint restates the same allegation.

6. Neither version of the complaint properly alleges the elements of intentional infliction of emotional distress.

7. The first amended complaint does not identify which blogger named William Hoge who resides at 20 Ridge Road, Westminster, Maryland 21157, TDPK is suing. The second version does not clarify this point.

That’s a tiny list. There are a couple of hundred pages of motions to dismiss filed against the first amended complaint that call out many more deficiencies. Adding nonsense about Team Themis did not repair the problems with the first amended complaint.

#Fail

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Yep,

Plaintiff as failed …

Kimberlin v. National Bloggers Club, et al. (I), 13-CV-03059-GJH, Memorandum Order, (D.Md., Mar. 17, 2015)

Team Kimberlin Post of the Day


One of the claims that The Dread Deadbeat Pro-Se Kimberlin made in his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit was that writing truthfully about him created “false narratives” which caused harm to his “relationship as an educator” with the State Department. The TKPOTD from four years ago today had some details about that claim.

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The following is from The Dread Pro-Se Kimberlin’s proposed Second Amended Complaint in his Kimberlin v. The Universe, et al. RICO Madness. ECF 100-1-152He goes on to complain that he lost his contract when the State Department became aware that his background was becoming publicly known.

Well, let’s think about the situation from the State Department’s point of view. Would they want the governments of those countries to be able to claim that our government was bringing “activist” to the U. S. for training by the Speedway Bomber?

Bad optics.

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The Gentle Reader should not be surprised to learn that I investigated TDPK’s claim. My investigation included a Freedom of Information Act request to the State Department concerning in contracts awarded to Kimberlin or his not-for-profits.

The most charitable interpretation of the response to my FIOA request was that the State Department doesn’t want to admit to having had anything to do with Brett Kimberlin. My interpretation is that Kimberlin was lying in his complaint. The Gentle Reader may make up his own mind.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has been desperate to get all truthful coverage of his lawfare off of the Internet. The TKPOTD from four years ago today deals with one of his over-the-top claims made in a motion for a preliminary injunction he filed in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin has filed for a preliminary injunction in his vexatious Kimberlin v. Walker, et al. lawsuit now slogging its way through the Circuit Court for Montgomery County, Maryland. He wants the court to order my codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me to take down every post we’ve published since 7 July, 2013, that mentions him. We have, of course, filed oppositions to his motion, and TDPK his replied to our oppositions. This is from that reply.
BKvAW2013Reply2PIOpp-4Where to begin? I might as well just take it from the top …

Brett Kimberlin was convicted of crimes over 35 years ago. He was convicted of one crime, perjury, over 40 years ago. He appears to still be telling provable lies, so it doesn’t seem as if he’s reformed from that behavior. A more recent conviction was for possession of marijuana with intent to distribute. While there’s no proof that he was connected to globalpharma dot org, it’s an interesting coincidence that it was hosted on the same server as many Kimberlin-related sites.

And then there’re the convictions associated with the Speedway Bombing trials. They include a conviction for forging documents. He’s admitted to forging a summons in his RICO lawsuit, so, once again, one might wonder if he’s reformed.

Hogewash! got involved with coverage of Brett Kimberlin because of his ongoing anti-First-Amendment thuggery. Any incidental discussion of his criminal past has been to provide context concerning his character.

His attempt at comparing public discussion of his activities with the persecutions of … I have some elderly Jewish friends with numbers tattooed on their arms who would shake their heads in disbelief if they heard such a claim. At least, the more mild mannered ones would.

Let me be very specific: I believe that Brett Kimberlin has the right to live in peace. But in order to do so, he will need to live a peaceable life himself. Shutupery via lawfare isn’t peaceful.

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TDPK has lost every LOLsuit he’s filed since the beginning of 2012, but there are still some open issues related to his lawfare. I’m not done with him yet.

Team Kimberlin Post of the Day


While we’re on the subject of lies, here’s an example of one The Dread Deadbeat Pro-Se Kimberlin has kept trying to recycle: That he has been the victim of stalking rather than a stalker himself. That patently silly claim was the subject of the TKPOTD from four years ago today.

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Here’s another extract from paragraph 249 of The Dread Pro-Se Kimberlin’s Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness. ECF 100-1-249a

<sarc>For example, the four of us were lurking about 172 Fleet Street on the evening of 14 March, 2013, while TDPK was going about his business on the sidewalk across the street.brettatblogbashWe were clearly harassing him by participating in BlogBash 2013 when TDPK had made it abundantly clear to the venue that if we did so, he would be forced to arrange a protest demonstration.</sarc>

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The use of lawfare to suppress truthful speech is sometimes referred to as the Streisand Effect. Perhaps the continued use of such lawfare even after multiple failures should be called the Kimberlin Effect.

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


One of the reasons that Team Kimberlin loses at their lawfare is their inability to structure case supported by evidence for a claim upon which relief could be granted. Indeed, as this Prevarication Du Jour from four years ago today shows, the evidence presented often contradicts their claims.

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Federal Rule of Civil Procedure 11 requires that a person submitting a court paper must certify that

the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

With that in mind, consider this bit from The Dread Pro-Se Kimberlin’s Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 100-1-155I suppose TDPK bases that nonsense on this blog post which he included as an exhibit with his opposition to Michelle Malkin’s motion to dismiss. ECF 67-13Yes, that is a picture of Glenn Reynolds, but everything else TDPK alleges is wrong. He isn’t holding a shotgun; that’s a .50 caliber rifle. He didn’t post the picture with the caption addressed to TDPK. As the Gentle Reader can see, the post is from the Charlie Foxtrot blog which had lifted the image from an Instapundit (Prof. Reynolds’s blog) post about shooting the custom-built rifle. Finally, IIRC, Glenn Reynolds is not now a member of the board of the National Bloggers Club, although he may have been at the time of the Charlie Foxtrot post.

So much for due diligence.

UPDATE—Here is the original Instapundit post from which the picture was taken. Note that it dates from October, 2010. That’s well before any of the activity alleged in TDPK’s complaints.

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Even when they file a case in a court with jurisdiction over the defendants (both of The Dread Deadbeat Pro-Se Kimberlin’s RICO cases were dismissed against me for lack of jurisdiction as well as failure to state a claim), Team Kimberlin struggles to find a scintilla of evidence to make a case.

No wonder things proceed as I foresee.

Team Kimberlin Post of the Day


Three years ago, Team Kimberlin was in a full-court press against me, trying to shake Hogewash! loose from its coverage of The Dread Deadbeat Pro-Se Kimberlin. TDPK had two active lawsuits going against me (Kimberlin v. Walker, et al. in state court and Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court). He’d filed his bogus peace order petition against me, and he was preparing to include me in Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. Emails (which federal law enforcement connected to TDPK and Bill Schmalfeldt) were being sent to NASA officials suggesting that I was not suitable for employment as a contractor by the Agency. And my wife, who was recovering from major back surgery and was undergoing chemotherapy began receiving emails like this—

Of course, Mrs. Hoge had no interest in the Cabin Boy™ or “The Schmalfeldt Radio Network.” (She usually listened to WYPR out of Baltimore for NPR talk and jazz and WETA-FM from Washington for classical music.) Neither she nor I were amused by someone trying to steal her identity.

Now, I wasn’t surprised by Team Kimberlin’s taking a crack at me, but I was initially taken aback by their crude attempts to get at me through my wife. After all, what kind of disgusting scuzzball would send tweets like these?I should have known.