Tag Archives: RICO Madness LOLsuit

Team Kimberlin Post of the Day

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Not only was Brett Kimberlin so bothered by my truthful reporting on him and his activities, he also thought the fact that I was nominated for an award for my report somehow made things worse. Here’s the TKPOTD for nine years ago today.

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The Dread Pro-Se Kimberlin finds it incredible that a group of bloggers would nominate someone for an award for coverage of TDPK’s attacks on bloggers and their First Amendment freedoms. This is from the second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-128That defendant would be me.

popcorn4bkI didn’t win. Stacy McCain won for his coverage of the Free Kate brouhaha. Now that I think about it, I wonder if TDPK is jealous because the coverage about him lost out to a story about the statutory rape of a 14-year old girl?

Hmmmmm.

UPDATE—The allegation that I have attacked Kimberlin’s family has no basis in fact, nor has TDPK ever produced any evidence of such an attack. To the contrary, a close reading of this blog will show that I have been supportive of his wife and have made an effort to keep her children and his mother and siblings out of the story as best I can.

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I’m not the only person who has written about Brett Kimberlin and his past.

Team Kimberlin Post of the Day

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Brett Kimberlin is an unsuccessful musician, and rather than take responsibility for his failure, he sued me (and a long list of codefendants), claiming that truthfully blogging about him was a cause of damage to his career. Here’s the TKPOTD for nine years ago today.

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The Dread Pro-Se Kimberlin alleges that the coverage he receives here at Hogewash! is bad for his business. This is from his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 135-265Ear-plugsMusician? Humpf. From my point of view, the biggest obstacle to The Dread Performer Kimberlin’s success in the music business is his lack of talent. I more fully explain my feelings about his musicianship here.

Perhaps his omnibus opposition to all the motions to dismiss (due at close of business a week from today) will offer some crackpot legal theory that will attempt to keep alive the claim “supported” by this allegation.

Stay tuned.

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The link in the post above goes to my review of a CD Kimberlin released a couple of decades ago.

If the Gentle Reader is a glutton for punishment, he can checkout Kimberlin’s talent for himself. Used copies of the Epoxy Nothing Else CD are still lurking on the used market. Here’s an Amazon link.

Team Kimberlin Post of the Day

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All of the Kimberlin LOLsuits of the past decade have failed either because there was no evidence to support his claims or because his allegations didn’t support an actual cause of action. The TKPOTD for nine years ago today pointed out one such hole in his first RICO LOLsuit.

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RICOMadnessI’ve previously noted that The Dread Pro-Se Kimberlin needs to answer the points that we defendants have raised in our motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. He needs to explain why the “facts” he has alleged in his complaint are sufficient to establish a claim upon which the court can grant relief. That explanation is due on 8 December in the form of an omnibus opposition to our motions.

Remember that at this stage of the proceeding the court is supposed to give TDPK the benefit of the doubt as to whether or not his allegations are true.

Here’s one of them—ECF 135-80OK. Let’s pretend for the sake of argument that what he says it true. So what? How could writing mean things about the Howard County State’s Attorney have injured Brett Kimberlin?

It couldn’t have caused him any injury in his business or property, so it is not basis for his RICO claim.

It doesn’t have anything to do with Patrick Frey, so it is not a basis for the civil rights claim against him.

It doesn’t involve race- or class-based discrimination against TPDK, so it is not a basis for a claim under the KKK Act.

It doesn’t have anything to do with Kimberlin per se, so it is not a basis for any of his state law claims of defamation, false light invasion of privacy, interference with prospective business, battery, conspiracy, or mopery with intent to lurk.

Like so much of his complaint, nothing in that half-page of gobbledygook supports anything in his case. It’s all wasted pixels and toner. The challenge facing TDPK over the next two-and-a-half weeks is to try to salvage the elements of at least one on the causes of actions he’s alleged out of the dreck in his second amended complaint. Thus far, it seems that he’s been frittering away his time on nonsense such as the motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit.

Tick, tock.

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His ongoing Kimberlin v. Reality (aka Kimberlin v. DOJ) seeking money damages for his time in prison because of his Speedway Bombing convictions failed in U. S. District Court. When the Court of Appeals for the Seventh Circuit reviewed the case, it found—

More than 40 years ago, juries convicted Brett Kimberlin of felonies related to a series of bombings in Speedway, Indiana. He maintains his innocence and, after a host of unsuccessful direct appeals, collateral attacks, and adjacent civil litigation, he sued the United States Department of Justice, the Bureau of Alcohol, Tobacco, and Firearms and Explosives, the Indiana State Police, state and federal officials, as well as a juror and her husband—all of whom, he alleges, conspired to convict and imprison him. The district court screened the complaint and dismissed it after concluding that most of Kimberlin’s claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), and that the remainder of his complaint failed to state a claim. We affirm the judgment.

Kimberlin has filed a petition for a writ of certiorari with the Supreme Court. The Government’s response is due this Friday.

Stay tuned.

Team Kimberlin Post of the Day

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Reading Brett Kimberlin’s court filings or listening to his oral arguments before a judge will quickly convince most folks that his thinking can be quite creative but not very precise or clear. The TKPOTD for nine years ago today showcased an example of the kind of muddled thinking that has led to his losing the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin is beginning to feel another effect of the incompetently drafted second amended complaint he filed in his Kimberlin v. The Universe, et al. RICO Madness. Even after all the rigamarole with Twitchy and adding new defendants, he still didn’t get his list of defendants properly identified. It turns out that he didn’t sue Ace, the blog proprietor; he has sued the blog itself.ECF 135-23Oops.

TDPK now wants Judge Hazel to let him go after Ace anyway in order to breach Ace’s anonymity, something Team Kimberlin (and First Mate Neal Rauhauser in particular) has been trying to do for several years. Of course, even if TDPK found out Ace’s secret identity, he’s not allowed any further amendments to his suit—the blog, not Ace himself, would still be the defendant.

Furthermore, Ace of Spades, the actual defendant, has now responded to the complaint and summons by filing a motion to dismiss through counsel. All TDPK needs to know is the lawyer’s contact information, and it’s on file on PACER.

popcorn4bkSpeaking of motions to dismiss, Kimberlin has just about a month to get his omnibus opposition to those motions filed with the court.

Tick, tock.

Stay tuned.

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The fact that Kimberlin has kept asking for the courts to assign freebie lawyers to help him seems to indicate that he’s beginning to understand his own incompetence.

Meanwhile, the Government’s response to Kimberlin’s petition for a writ of certiorari in the Kimberlin v. Reality (aka Kimberlin v. DoJ, et al.) appeal is due at the Supreme Court on the day after Thanksgiving.

Stay tuned.

Team Kimberlin Post of the Day

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The Dunning–Kruger effect is a cognitive bias in which people with limited competence in a particular domain overestimate their abilities. The TKPOTD for ten years ago today featured an example of how the Dunning-Kruger effect doomed Brett Kimberlin’s attempt to us LOLsuits to silence his perceived enemies.

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Last Wednesday, Brett Kimberlin handed me a copy of  the original complaint he filed in his Kimberlin v. The Universe, et al. RICO lawsuit. According to Rule 4 of the Federal Rules of Civil Procedure, that was not legal service of the complaint or the “summons” which came with it.

(c) Service.
…
(2) By Whom. Any person who is at least 18 years old and not a party may serve a summons and complaint.

Also, the “summons” that accompanied the complaint was defective on its face.

The first sheet is the notice of the suit. It does not have the case number on it. Neither does the summons. Also, Kimberlin had given me zero days out of a minimum of thirty to reply to the waiver for service, and it’s dated the day before he handed it to me.

The summons itself is not signed by the Clerk of the Court, so it’s not valid.

What this boils down to is that I haven’t been served with the suit because the wrong person handed me unfinished paperwork.

Durum hoc est sed ita lex scripta est.

Fail.

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Stacy McCain has referred to Brett Kimberlin as The World’s Worst Pro Se Litigant™. That’s probably true, although Bill Schmalfeldt …

Well, they’re both members of Team Kimberlin.

Team Kimberlin Post of the Day

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This Prevarication Du Jour from ten years ago today took note of a likely problem Bill Schmalfeldt had and still has with obscenity.

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So the Cabin Boy thinks his cage is being rattled because of his involvement with Brett Kimberlin and the Kimberlin v. The Universe, et al. RICO suit, does he?ftrrnews201310180113Z

The way not to be involved is to not be involved. Acting as The Dread Pirate Kimberlin’s PR flack, posting dark hints about coming events, and posting advance copies of court filings all tend to show a connection to TDPK as an agent, employee, and/or co-conspirator.

I have no firm plans about exactly how I will mount my defense of the suit, but I won’t be surprised if one or more of the defendants were to join Schmalfeldt as a party to the suit in their counterclaims. I’d say that the Cabin Boy is already in up to his neck—if he had one.

There’s a proverb about lying down with the dogs and being bitten by fleas.

UPDATE—The Cabin Boy might want to spend a while meditating on the possible relationships between some of the images he has posted on the Internet of late (especially images of Ali Akbar or me) and the RICO statutes 18 USC 1961, et seq.

As used in this chapter—

(1) “racketeering activity” means (A) any act or threat … dealing in obscene matter …

UPDATE 2—obscene

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There are some legal matters which have no statute of limitations.

Team Kimberlin Post of the Day

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It was ten years ago today that Brett Kimberlin filed the Kimberlin v. National Bloggers Club, et al. lawsuit in federal court. After the complaint was amended, there were 24 defendants, and the case became known as the Kimberlin v. The Universe, et al. RICO Madness LOLsuit. I was one of the defendants from the beginning.

In fact, I was the first defendant that Kimberlin tried to serve. Ten years ago today, he personally handed me a copy of the complaint while I was sitting in the lobby of the Old Circuit Courthouse in Westminster waiting for a hearing related to the first peace order against Bill Schmalfeldt. Adverse parties can’t serve papers on each other, so the service was defective. I was sitting next to my lawyer. He could have handed it to her to hand to me, but …

Team Kimberlin has always maintained that requiring them to play the rules was a hypertechnicality.

Team Kimberlin Post of the Day

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My podcasting partner and former codefendant Stacy McCain dubbed Brett Kimberlin The World’s Worse Pro Se Planitiff™. The Prevarication Du Jour from eight years ago today cataloged one example of his incompetence.

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This one’s from The Dread Pro-Se Kimberlin. It’s the first paragraph of his letter to Judge Hazel asking for him to rule on his motion to disqualify Paul Alan Levy from representing Ace of Spades in the Kimberlin v. The Universe, et al. RICO Madness.ECF 174-para1There’s a reason why the motion was never ruled upon. It was never accepted by the Court. The Clerk returned it to TDPK who never bothered to do what was necessary to properly refile it.

#StupidIsAsStupidDoes

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He bragged about having filed over a hundred lawsuits when he threatened Patrick Frey with the legal action that metastasized into years of lawfare. He lost almost all of those hundred-plus suits, but he improved his record after taking on the blogosphere. Since 2012, he’s batted a perfect .000.

And he’s still the Speedway Bomber.

Team Kimberlin Post of the Day

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breitbartunmasked dot com was less than a couple of months old when it published its first post about Ace of Spades eleven years ago today. That post is still up on the site.The post misidentified a women as Ace. Ace is a man.

Brett Kimberlin spent a great deal of effort during the RICO Madness LOLsuit trying to identify Ace. He failed. Judge Hazel wrote this in his memorandum opinion dismissing the case—

First, the Court will DENY, as moot, Kimberlin’s Motion to Identify Defendant Ace of Spades. See ECF No. 232. In doing so, the Court notes that Kimberlin has not been prejudiced in any meaningful way by his failure to obtain the identity of blogger Ace of Spades. That is, even if Kimberlin had the identity of Defendant Ace of Spades, his claims would still be subject to dismissal for the same reasons stated above.

BTW, the byline on the BU post note above is The Watchful Avenger. That can be translated into Latin as vigilans vindex. Heh.

Team Kimberlin Post of the Day

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The month of March has not been kind to Brett Kimberlin. March, 2015, was particularly brutal to him. On Friday the Thirteenth, his bogus peace order petition against me was denied, and on the following Monday, his RICO Madness LOLsuit was dismissed except for one claim against only one of the 24 defendant. The TKPOTD for one year ago today chronicled yet another loss in court for the Speedway Bomber.

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The Court of Appeals for the Seventh Circuit has published the mandate in Brett Kimberlin’s appeal which it denied earlier this month.

He has 90 days from the date the court’s order was issued (9 March) to file for a petition for a writ of certiorari with the Supreme Court. (Supreme Court Rule 13)

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Kimberlin got one of the usual suspect law firms to represent him pro bono and filed a petition for a writ of certiorari with the Supreme Court. His petition was denied.

Team Kimberlin Post of the Day

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One of the reasons why Brett Kimberlin has failed so consistently in his legal crusades is that he carelessly makes this opponents’ cases for them. Consider the TKPOTD for eight years ago today.

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Here’s another example of The Dread Pro-Se Kimberlin including an exhibit with a filing that refutes his own allegation. First, the allegation from his opposition to Aaron Walker’s and my motions to dismiss his first amended complaint for the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-41That’s from the second paragraph numbered 41 in his first amended complaint.

Now, here is the relevant part of his Exhibit Z. Notice that Aaron goes to great length to explain why Miss Kimberlin should not be held accountable in any way for Brett Kimberlin’s activities.ECF 29-ExZpopcorn4bkTDPK lost his Kimberlin v. Walker, et al. nuisance lawsuit because he couldn’t produce any evidence to support his case. In the RICO Madness he’s one-upping himself by presenting evidence that supports the defendants.

#Loser

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And as we’ve seen in Kimberlin’s recent loss at the Supreme Court, he can’t put a sensible case together even with the help of a high-end law firm.

Team Kimberlin Post of the Day

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Kimberlin was persistent in his lawfare, but he wasn’t very good at it. The TKPOTD for eight years ago today shows why it often seemed I was engaged in a battle of wits with an unarmed man.

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Sometimes, I wonder where Brett Kimberlin’s elevator makes it all the way to the top. Consider this allegation from his omnibus opposition to the motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 231-72

He’s made that allegation multiple times in his RICO filings. He’s also always included a copy of the email containing this supposed threat. Here’s what he included with his omnibus opposition.ECF 231-Ex13We can zoom in on that to make it easier to read.

ECF 231-Ex13zoomNote that the evidence he includes does not say what he says it says. It doesn’t include the words “LEAVE HIM ALONE.” That discrepancy has been pointed out to him every time he’s made the allegation, but he still persists in making it and offering the same non-supporting evidence.

Go figure.

Oh, and this isn’t the only instance of The Dread Pro-Se Kimberlin offering evidence that contradicts his claims.

His case is a few bolts shy of a Lada.

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The Truth is out there. But Kimberlin seems to have no idea where.

Team Kimberlin Post of the Day

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One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.

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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

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Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.

Team Kimberlin Post of the Day

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Brett Kimberlin filed his RICO Madness LOLsuit against me and my codefendants (there were 24 defendants in the case at one point) in the middle of October, 2013. It took until January, 2105, to get all of the preliminary motions filed, oppositions filed, and relies filed. The TKPOTD for eight years ago today dealt with the beginning of the end of that LOLsuit.

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The replies to The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness are due by next Thursday. I have reason to believe that some will be filed earlier, and if they are, I’ll post them as they become available on PACER.

I hope that there will not be much delay between those replies being filed and the judge ruling on our motions.

Stay tuned.

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It wasn’t until the middle of March, 2015, that the case was finally dismissed, except for one count against Patrick Frey.

Speaking of staying tuned, Kimberlin’s petition to the Supreme Court for review of his Speedway Bombing conviction was circulated to the justices for their conference this Friday. We may know more about the fate of that case soon.

Team Kimberlin Post of the Day

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Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro-Se Litigant™. The Dread Deadbeat Pro-Se Kimberlin is certainly a strong contender for that title. The TKPOTD for nine years ago today dealt with one oversight in his planning for the RICO Madness LOLsuit.

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RICOMadnessAaron Walker points out that The Dread Pros-Se Kimberlin must not have been looking at a calendar when he filed various legal paperwork.

So to keep a tally, Brett has to respond to 1) a motion to dismiss the RICO suit by John Hoge, 2) a motion to require verified filings in the RICO suit by John Hoge, 3) a motion to dismiss the RICO suit by me, 4) a motion to require verified filings in the RICO suit by me, 5) a memorandum in support of Kimberlin Unmasked’s right to remain anonymous in state court, 6) a motion to dismiss the RICO suit by DB Capital Strategies, and 7) a motion to dismiss the RICO suit by the Franklin Center.  And he will have to work on all of it over Christmas—I mean, he doesn’t want to default on any of that, does he?

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Incompetent is as incompetent does.

Team Kimberlin Post of the Day

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TeaTeam Kimberlin The TKPOTD for eight years ago today provided a summary of why Brett Kimberlin would lose the federal claims in the RICO Madness LOLsuit and why he would lose the state claims he tried to keep alive in his RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin wrote in one of his filings that Ace of Spades lawyer was being “hyper technical” by insisting that Kimberlin was suing the entity actually called out in his Kimberlin v. The Universe,et al. RICO Madness complaint rather than a third party. In his omnibus opposition to the motions to dismiss the RICO Madness he claims that we defendants are relying on technicalities rather than facts.ECF 231-2This is ripe for fisking.

<fisking>

Because there is no truth to their defamatory statements …

The reason TDPK lost his state Kimberlin v. Walker, et al. lawsuit was because he couldn’t show that anything we said and wrote about him was false. The doctrine of res judicata prohibits him from retrying those issues related to defamation. He can now longer use any of the evidence that he raised in that trial against Aaron Walker, Stacy McCain, Ali Akbar, or me. Not only that, but he can’t use any of evidence that was available to him at the time that he could have raised but failed to do so.

… they instead ask the Court to dismiss the case for many technical reasons, …

“Technical reasons” means points of law.

… such as, 1) the three year statute of limitations should not apply to the false light claim, …

Yep. It should. The Smith v. Esquire decision that says so is a binding precedent in the District of Maryland. Kimberlin has misrepresented the Allen v. Bethlehem Steel case as being a ruling of the Maryland Court of Appeals which would be a binding interpretation of state law. In fact, it is a decision from a lower court and isn’t binding on the U. S. District Court. Also, TDPK has provided a false citation to the case.

… 2)  defamation and false light cannot apply to Plaintiff because he is a public figure and 3) defamation proof, …

I don’t recall any of the defendant arguing that a public figure can’t sue for defamation or false light, but several of us have pointed out that Brett Kimberlin’s reputation was so bad before we ever wrote or said one word about him that it was impossible to take it any lower. Brett Kimberlin is a convicted serial bomber like Ted Kaczynski (the Unabomber), and convicted serial bombers are notorious public figures with bad reputations.

… 4) the Defendants did not engage in a RICO Enterprise, …

As a matter of fact, we didn’t, and simply say that we did without saying who did what to whom on which day is not a well-plead allegation as required by Federal Rule of Civil Procedure 8.

… 5) the First Amendment allows fair comment …

Yes, it does.

… 6) Defendant Frey did not act under color of law, …

Well, he didn’t, and the U. S. District Court for the District of Southern California ruled that he didn’t in the very similar Naffe v. Frey case. Given that the facts of that case are so similar to the half-baked allegations in the RICO Madness, given that TDPK has not explained why that court got anything wrong, and given the rulings in similar cases by the Fourth Circuit (the next higher federal court to the District of Maryland), Kimberlin doesn’t have much of a case here.

… and 7) the SAC violates the Maryland Anti-SLAPP statute.

SAC stands for “second amended complaint,” and, yes, it does. It has the effect of chilling discussion of a topic of public interest.

Each of these and other arguments is without merit and belied by the facts and law.

Uh, huh.</fisking>

#SMH

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And his follow on cases, RICO Remnant; RICO 2: Electric Boogaloo; RICO 3; and Kimberlin v. McConnell, et al. were even more shoddily crafted—and losers every one.

Team Kimberlin Post of the Day

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Did I mention that Brett Kimberlin is a liar? Oh, yeah. I did. The TKPOTD from nine years ago makes that very point.

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RICOMadnessWhile doing research on The Dread Pro-se Kimberlin’s previous lawsuits, I found this interesting bit of testimony. It’s from the transcript of the damages hearing in his suit against Seth Allen.

Q Were you released and then sent back to prison for a parole violation, for failure to pay compensation to the, Ms. Delong (phonetic sp.), the wife of Carl Delong, who took his own life after those bombs —

A No.

Q — tore up half his body?

A No, I wasn’t.

Of course, TDPK did have the parole for his bombing and drug smuggling sentences revoked, and one of the reasons was his failure to make restitution to Mrs. DeLong.

In the same proceeding TDPK also testified as follows:

Q Okay. That, how many lawsuits have you filed over your lifetime?

A I have none.

Wow. Even after being reminded of the DeLongs, TDPK wasn’t able to remember suing the widow of Carl Delong, the victim of his eighth bomb, to keep her from attaching funds in his prison commissary account that were due to her as restitution. Of course, his memory isn’t always so faulty. From time to time, he brags of filing “over a hundred” lawsuits.

Speaking of judgments, Kimberlin didn’t win the Allen case on its merits. He secured a default judgment because Seth Allen didn’t respond in a timely manner. Kimberlin’s suit sought $2,250,000 in damages. After hearing about the “damages” TDPK had suffered after being “called a pedophile, a murderer, a fraudster, a con man, [and] a terrorist,” the judge awarded him a hundred bucks.

A default judgment is unlikely in TDPK’s Kimberlin v. The Universe, et al. RICO suit. I’m led to believe than none of the defendants who have been served are willing to settle and that they are busily filing or preparing to file Motions to Dismiss. If Kimberlin is lucky, the court will dismiss the case based on those motions. Otherwise, it is likely that several defendants will file counterclaims and be successful with Motions for Summary Judgment. That could be quite expensive for TDPK.

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He’s also a loser. The few organizations that made the mistake of settling the RICO Madness LOLsuit with him would have beaten him if they’d stuck with us.

Team Kimberlin Post of the Day

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It’s been nine years since I filed my first motion to dismiss against one of Brett Kimberlin’s vexatious lawsuits. Here’s the TKPOTD for nine years ago today.

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RICOMadnessThe Dread Pirate Pro-Se Kimberlin has filed a frivolous and vexatious RICO lawsuit against 20+ defendants, including me. I was given 60 days from 19 October to respond to his Amended Complaint. I have done so with a Motion to Dismiss. Under Local Rule 105, TDPK now has 14 days to file any opposition to my motion.

Here is a copy of my motion. I do not wish to make any further public comment on it until the judge has ruled on it.

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I took until March, 2015, to finally beat that first RICO Madness LOLsuit.

Team Kimberlin Post of the Day

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IANAL, and I haven’t filed over a hundred lawsuits like Brett Kimberlin, but it didn’t take me long to see that his complaint in his RICO Madness LOLsuit was incompetently drafted. This post first ran nine years ago today.

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RICOMadnessI’ve been going through The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO suit trying to figure out what case might actually be there. In order for a civil RICO complaint to stand up in court, the plaintiff has to properly allege two separate predicate criminal acts by the RICO enterprise. Here’s one of TDPK’s attempts at do so—BKvNBC136Ooooooh! Obstruction of Justice! That’s sounds evil.

18 USC § 1503 deals with trying to interfere with or intimidate a federal juror, officer of a federal court, or a federal judge. TDPK fails to explain which defendant did that to any juror, officer of the court, or judge.

18 USC § 1510 deals with bribery. TDPK fails to accuse any defendant of bribing anyone.

18 USC § 1511 deals with facilitating an illegal gambling business. You can bet that he doesn’t mention gambling, legal or illegal, in his complaint.

Fail.

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And indeed, all of the suits he’s filed during the past decade have failed.

Team Kimberlin Post of the Day

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It’s obvious that Brett Kimberlin projects his own motivations on to others, as can be seen in the TKPOTD for nine years ago today.

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This paragraph is from The Dread Pirate Kimberlin’s Kimberlin v. The Universe, et al. RICO lawsuit.BKvUniverse150I wonder where Brett Kimberlin got the idea of using a false narrative for money raising as a business model?

nrawatch dot org
prosecutenewscorp dot com
kochwatch dot org
americancrossroadswatch dot org
indictbreitbart dot org
issaoversight dot org
pussyriotdefensefund dot org

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jtmp.org
prtectourelections.org

Team Kimberlin Post of the Day

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In March, 2015, my motion to dismiss was granted in the Kimberlin v. National Bloggers Club, et al. (II) federal suit (aka the RICO Madness LOLsuit). However, one count in the case remained alive against Patrick Frey. (Kimberlin v. Frey, aka the RICO Remnant LOLsuit). Brett Kimberlin kept me involved in the case via a subpoena seeking evidence during discovery. The TKPOTD for seven years ago today dealt with my response to that subpoena.

* * * * *

I have received the following subpoena:

I have provided the following response:

The redactions of the privilege log and one email are for the benefit of third parties not connect to the LOLsuit.

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Because the subpoena was improperly served on me, I could have blown it off. I chose to fully respond for two reasons. First, I had nothing that would help his case, and I enjoyed pointinh out one of the reasons I couldn’t give him everything he wished for was because his false reports of harassment to Twitter had limited my access. Second, I hoped that voluntarily responding would prevent any further involvement in the matter.

I was wrong on point two.

Because Kimberlin received copied of emails for other discovery which I had trashed as part of my routine account maintenance, he sought to have me sanctioned. Of course, I opposed his attempt, and the dueling motions kept me in the case until Kimberlin finally lost and his sanction motion became moot.

Team Kimberlin Post of the Day

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Team Kimberlin’s problem isn’t that they don’t know much—it’s that they know lots of stuff that’s wrong. This post, Acme Law Counsels Breitbart Unmasked …, first ran nine years ago today.

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… and Patterico reviews the advice.

Read the whole thing.

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Acme’s legal advice works about as well as their roadrunner catching gadgets.

Team Kimberlin Post of the Day

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One of the things I’ve noticed about Brett Kimberlin’s court filings is that they usually read like easily disproved fiction. The TKPOTD for eight years ago today debunked one such claim in his RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.ECF 135-165He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—

MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.

MR. AKBAR: No.

MR. KIMBERLIN: You haven’t?

MR. AKBAR: Nope.

MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?

MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —

MR. KIMBERLIN: I’m asking you a simple question. Have —

MR. AKBAR: Well, what —

MR. KIMBERLIN: — you ever raised any money on —

MR. AKBAR: In the context of what I do for a living, no.

—and this—

MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?

MR. HOGE: No.

Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. BKvAW2013SAC-8That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.

orvilleredenbacherIt will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.

Stay tuned.

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AFAIK, Kimberlin’s only currently active case is petition for a writ of certiorari seeking to have the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bombing convictions set aside. We’ll see how his narrative about those trials plays with the Supremes.

Stay tuned.

Team Kimberlin Post of the Day

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At this point in 2014, Brett Kimberlin has just lost the first of his LOLsuits that included me as a defendant, and only the first of his RICO LOLsuits was still pending. He had just told a reporter the Aaron Walker, Stacy McCain, Ali Alexander, and I could expect lawsuits for the rest of our lives. The TKPOTD fro eight years ago today considered that threat.

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The Dread Pro-Se Kimberlin is rattling his tail and threatening to strike out with yet another vexatious federal lawsuit against the original defendants in the state Kimberlin v. Walker, et al. nuisance lawsuit.

Yawn.

popcorn4bkBefore he does that, he might want to war-game the various responses that are possible from one or more of the potential defendants. There are some things that he may think are low-to-zero probability that … well, let’s just say that he really, really should consider the potential costs of such a lawsuit.

Stay tuned.

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The questions posed by this comment to the original post have never be properly answered..

Team Kimberlin Post of the Day

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As the Kimberlin v. Walker, et al. nuisance LOLsuit was coming to an end in state court, Brett Kimberlin began trying to get a temporary restraining order in the federal RICO Madness LOLsut against the state court defendants who common to both cases. However, the federal suit was under a case management order, so Kimberlin had to ask for permission to file for the TRO, and he asked for an unusually long schedule for the filing. Judge Hazel said, “No,” pointing out that if the matter is important enough for a TRO, Kimberlin needed to get his paperwork in promptly. He set a drop dead date for filing.

The reason Kimberlin wanted more time than usual was that he had planned to take a vacation in Hawaii with his wife and her two daughters. BTW, he lists his salary on the Justice Through Music Project IRS Form 990 as $19,500 a year, and he told the Seventh Circuit Court of Appeals last year that he should be given a pro bono lawyer because he has to makes do on his JTMP pay and a small bit of Social Security.

The TKPOTD for eight years ago today was about Kimberlin’s response to the judge’s instructions.

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Thursday, 28 August, 2014, was the drop dead date for The Dread Pro-Se Kimberlin to either file his motion for a preliminary injunction in his Kimberlin v. The Universe, et al. RICO Madness or to inform Judge Hazel that he was withdrawing his request to file such a motion. Failure to do one or the other was not an option, but it seems that was the course TDPK chose.

No new filings showed up in the case docket on PACER on Thursday, but if something had been filed at the last minute or put in the after-hours drop box, it would not have made it into the system until Friday. There was nothing new on Friday either.

I was informed by my lawyer in the state Kimberlin v. Walker, et al. nuisance lawsuit that TDPK had threatened to file an additional federal lawsuit against me and my state codefendants for some unspecified cause of action. (Mopery with intent to lurk?) That suit was also supposed to come on Thursday as well, but no new case had appeared in PACER as of Friday.

I’m beginning to wonder if Brett Kimberlin has caught on to the fact that his associate Neal Rauhauser’s theory of lawfare has several fatal flaws. First, it won’t work when it is used to attack someone or some organization with a combination of deep pockets and deep principles. Second, it won’t work against a pro se defendant with the time, intellectual resources, and stamina to engage in the kind of legal judo necessary to turn the lawfare back on the plaintiff. Third, it won’t work when it is used to attack so many defendants at once that they can overwhelm the plaintiff with their filings in reply to his complaints and motions.

TDPK hit the trifecta with his RICO Madness. Maybe he’s learned his lesson.

popcorn4bkAnd maybe not.

He is making noises about appealing his loss in the state lawsuit.

Stay tuned.

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Losing that first state case wasn’t enough. It took losing the RICO Madness, RICO Retread, and RICO 2:Electric Boogaloo LOLsuits for Kimberlin to learn to stop messing with me, and he had to lose the RICO Remnant and RICO 3 LOLsuits as well before he finally gave up on trying to use lawfare for reputation management.