Team Kimberlin Post of the Day

During the protracted series of litigation with Brett Kimberlin, it was usually safe to assume that he would make some sort of mistake or tell some sort of stupid lie in any given court filing. The TKPOTD for seven years ago today was about one such filing and what Kimberlin was really try to accomplish.

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Today, Thursday, Friday, Saturday, Sunday, Monday, and then time’s up. The Dread Pro-Se Kimberlin will need to have his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness to the court by close of business next Monday. With that kind of time pressure, one wonders why he has wasted time on side issues such as the letter he sent to Judge Hazel concerning early discovery related to Ace’s ID.

I’ve heard several theories advanced.

The first is based on the idea that TDPK believes that the case is doomed and that the judge is going to grant the motions to dismiss. He’s trying for early discovery related to Ace’s identity because he thinks it’s his only shot.

A second theory is somewhat similar, except that it is based on the suspicion that TDPK is purposely blowing the case in order avoid being subjected to discovery by the defendants and that he’s trying to get the info on Ace before the case is thrown out.

I’m not sure that I buy either. From what I’ve seen, Brett Kimberlin is a fairly disorganized doofus. The simplest explanation is that he simply hasn’t spent his time wisely.

Meanwhile, the timer is ticking down.

Stay tuned.

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Dunning-Kruger on steroids.

Team Kimberlin Post of the Day

Brett Kimberlin has asked the Seventh Circuit Court of Appeals to provide him with freebie lawyers to file an amicus brief and handle oral argument on his behalf in his current appeal seeking to overturn some of his Speedway Bombing convictions. That may be a sign that he’s come to understand how incompetent his pro se lawyering has been over the past decade. The TKPOTD for seven years ago today dealt with one of his blunders in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

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There are still a few squares left on the pool calendar in the break area for the date the current appeal is denied.

Team Kimberlin Post of the Day

Brett Kimberlin wanted to be famous, but his crimes made him infamous. The TKPOTD for seven years ago looked at one his complaints against this blog in the first RICO LOLsuit he filed against me.

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The Dread Pro-Se Kimberlin doesn’t like the publicity he has been receiving here at Hogewash! in connection with his ongoing lawfare and shutuppery. This is from one of his filings in the Kimberlin v. The Universe, et al. RICO Madness.ECF 49-1Brett Kimberlin had the opportunity to prove that this blog had defamed him by publishing false information. He was unsuccessful, so that matter is settled. Hogewash! has not defamed him. Rather, this blog has published truthful information about him. Of course, it is possible that TDPK finds the truth intimidating, but that’s not my problem.

I kinda like the “threats of doom” hyperbole. However, Hogewash! has never threatened Brett Kimberlin with doom. I have from time to time offered my opinion that I didn’t expect Kimberlin to be successful in his lawfare, and my batting average isn’t too shabby. The unconstitutional gag order against Aaron Walker was thrown out. The peace order underlying that gag order was overturned on appeal. TDPK’s appeal of another quashed peace order against Aaron was denied. He wound up having drop his peace order against John Norton in order to avoid a perjury trap. The harassment charges he filed against Aaron and me were nolle prosed by the Montgomery County States Attorney before we could even be served. And the Kimberlin v. Walker, et al. nuisance suit was a spectacular failure.

I haven’t done anything to chill Brett Kimberlin’s right to redress through the courts. Yet. However, I believe that he is a vexatious litigant, and I am seeking to have him adjudicated as one. Even then, he won’t lose his right of redress. He will simply have to have a magistrate judge screen his complaints prior to filing.

Brett Kimberlin is a whiny loser.

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Describing Kimberlin as whiny is accurate. As I noted in a review of his CD Nothing Else

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.”

Team Kimberlin Post of the Day

Four years ago today, I reported some RICO Remnant LOLsuit Appeal News about Brett Kimberlin’s appeal of the summary judgment granted to Patrick Frey in the last gasp of The Dread Deadbeat Pro-Se Kimberlin’s lawfare that start as the RICO Madness LOLsuit.

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The Dread Deadbeat Pro-Se Kimberlin did get his paperwork to the Fourth Circuit Court of Appeals yesterday. It appeared on PACER docket for Kimberlin v. Frey this morning.

I note with some amusement (but with no surprise) that TDPK screwed up the case number in the captions of his filings.

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Paragraphs 5 and 6 on p. 19 of Kimberlin’s brief show how Kimberlin tried to spin the case politically.Of course, paragraph 5 is pure nonsense. Patrick Frey’s was the victim of a SWATting, and is connection to that case was as a victim not a prosecutor.  As the blogger Patterico he is hardly a member of the imaginary “alt-right,” and even if he were, so what? Those of us who Kimberlin alleged had “smeared” him had simply been telling the truth, and not all of us are on the right politically.

Because of an odd twist in the case, I am also bound by the protective order sealing part of the record, but I can tell you this—Kimberlin’s claims about the contents of the sealed record are bullshit.

Team Kimberlin Post of the Day

Brett Kimberlin has complained that I have treated him callously. No, really. He said so in a court filing referenced in the TKPOTD from seven years ago today.

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The Dread Pro-Se Kimberlin has been amazingly slipshod in his court filing. This is from his opposition to my motion to dismiss his first amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 29-55_36The sharp-eyed Gentle Reader will notice the TDPK appears to have suffered a moment of mathematical challenge when he numbered the paragraphs in his opposition. As for the callousness of my argument, I simply pointed out that Kimberlin didn’t bother to allege any of the actual elements of the tort of intentional infliction of emotional distress in his complaint.

He also failed to do so in the state Kimberlin v. Walker, et al. nuisance lawsuit. Here’s how our lawyer Patrick Ostronic explained the deficiency to Judge McGann during the 1 July hearing on motions for summary judgment in the state case.380966V_1JUL_p41And here’s how Judge McGann ruled.380966V_1JUL_p51That means that the judge found that, given the facts in evidence about which there was no dispute, we defendants were entitled to a summary judgment in our favor as a matter of law.

popcorn4bkSo was it callous of me to point out that essentially the same set of allegations in the RICO Madness as were found in the state case have the same problems? Perhaps, but no more so that TDPK’s filing a bogus and vexatious lawsuit.

Stay tuned.

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I’ve never been callous enough to sue a stroke victim who couldn’t defend herself.

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.

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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.

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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

The segment below was part of the TKPOTD for seven years ago today. Using it to say, “Thank you,” has become a blog tradition for 20 September.

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res_judicata_mugsOf course, one of TDPK’s claims is that I’ve been using my reporting on his activities to raise money by defrauding the Gentle Readers who hit my Tip Jar. He has yet to explain how that injures him. In any event, I’m always thankful for  reader support.

You can also support the blog by shopping at The Hogewash Store or shopping via the Amazon link on the Home page.

Whichever means you chose, your support helps keep this blog on the air.

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Gentle Readers, I’m always thankful for your support.

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

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Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

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Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

As July, 2014, was ending, it was becoming obvious that someone would be opening a snow cone stand in the Ring Three of the Seventh Circle before Brett Kimberlin came up with a winning strategy for his LOLsuits. Five of the seven claims in the Kimberlin v. Walker, et al. nuisance LOLsuit had gone down on summary judgment, and the RICO Madness LOLsuit was coming undone. The In Re RICO Madness post from seven years ago today dealt with one of The Dread Deadbeat Pro-Se Kimberlin’s attempts to get a preliminary injunction to prevent my blogging about him.

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As you can see from the letter that Paul Alan Levy has sent to Judge Hazel, The Dread Pro-Se Kimberlin has made some sort of filing in the Kimberlin v. The Universe, et al. RICO Madness, and he is asking that it be sealed. As Mr. Levy notes, TDPK has not served copies of his filing on any of the pro se defendants.

As I wrote earlier, this is a sign of abject stupidity.

The Gentle Reader may wish to consider stocking up on Jujubes and Raisinettes as well as popcorn.

UPDATE—Stacy McCain weighs in here.

UPDATE 2—rsm20140724

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Judge Hazel did grant permission for Kimberlin to file a motion for a preliminary injunction—but with strict limitations about content and form. After losing the Kimberlin v. Walker, et al. LOLsuit, Kimberlin decided to take a vacation to Hawaii rather than file his motion.

Team Kimberlin Post of the Day

The TKPOTD from seven years ago today dealt with one of the sillier claims in the Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit and my not-so-tongue-in-cheek response.

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The Dread Pro-Se Kimberlin feigns fear of Aaron Walker and me. This is from paragraph 76 of his second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-76
TDPK strikes me as a bit disingenuous with his worry about people who own firearms. After all, his authorized biography Citizen K tells of how he possessed several AR15s, a silenced pistol, a shotgun, and other weapons back in his drug dealing days. He was barred from possessing any firearm back then because of a previous felony conviction.

RANGE_PHOTOI, OTOH, am a law-abiding gun owner, and, although my 66 year old eyes ain’t what they used to be, I’m still a reasonable shot. The target on the left was shot rapid fire with a .45 at 50 feet.

I’ve never threatened anyone on Team Kimberlin with violence. However, anyone who wishes to threaten me or my family may draw whatever conclusion he will based on what he knows about me.

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Things have remained peaceful at stately Hoge Manor. BTW, this is from a more recent trip to the range with a 9 mm Browning High Power.

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.

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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?

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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

As the TKPOTD from seven years ago today notes, criminals are often uncomfortable when they have to interact with law enforcement personnel.

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Here’s some more of The Dread Pro-Se Kimberlin’s whining from his proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-99Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.ECF33-2

U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)

‘Nuff said.

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Kimberlin is one of the few people, perhaps the only person, who knows what the Seal of the President of the United States tastes like.

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today, caught Brett Kimberlin in one of his many lies in a court filing.

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This is from The Dread Pro-Se Kimberlin’s proposed second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 100-67That’s not true.

Stay tuned.

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For the record, here is the IRS 501(c)3 status letter sent to the National Bloggers Club. I’ve zoomed in on the effective date.

 

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.

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Go read it.

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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.

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@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.

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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 Dread Deadbeat Pro-Se Kimberlin has alway had an uphill struggle with judges, as can be seen in this TKPOTD from seven years ago today.

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PreparationH96ctJudge Grimm does not seem inclined to provide any temporary relief for The Dread Pro-Se Kimberlin’s butthurt. He has denied TDPK’s request for file a sanctions motion against the lawyer representing Twitchy. However, Amazon offers this remedy—

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He’s sold a lot of popcorn too.

Team Kimberlin Post of the Day

The TKPOTD from seven years ago today offered a partial explanation of why much of the reporting about Brett Kimberlin and his activities often seemed more than a little odd.

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This is from a reply to one of The Dread Pro-Se Kimberlin’s pleadings in the Kimberlin v. The Universe, et al. RICO Madness.ECF 59-p6

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I couldn’t make that stuff up if I tried.

Team Kimberlin Post of the Day

We can put one more mark in Brett Kimberlin’s loss column.

One of the LOLsuits to which Brett Kimberlin was tangentially connected via his Protect Our Elections operation was the Public Citizen v. FEC case. Six years ago, Hogewash! ran a post about Public Citizen, et al. v. Federal Election Commission, et al. which showed how Kimberlin was tied to the suit. On 17 March, 2021, summary judgment was granted in favor of the defendants. The 2015 post is below, followed by the recent summary judgment order.

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There’s been some questions about that FEC case The Dread Pro-Se Kimberlin keeps referring to in some of his court filings. Here’s the caption of the original complaint:CaptionThe case number is 14-CV-148. The suit alleges that the Federal Election Commission didn’t properly investigate spending by Karl Rove’s organization Crossroad GPS.ECF 1-7Brett Kimberlin’s connections to the case are vial ProtectOurElections dot org (which is one of the Justice Through Music Project/VelvetRevolution.US fundraising websites) and Kevin Zeese (who TDPK has described as legal counsel to his organizations).ECF 1-11ECF 1-13Currently, there is a pending motion for summary judgment filed by Crossroads GPS which has joined the case as an intervenor/defendant. That motion was fully briefed as of 7 April.

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BTW, 17 March, 2021, was the sixth anniversary of the dismissal of the RICO Madness Kimberlin v. The Universe, et al. LOLsuit.

Heh.

Team Kimberlin Post of the Day

Brett Kimberlin has made some amazingly stupid statements in the course of his campaign of lawfare. The TKPOTD from six years ago today detailed one of them.

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The Dread Pro-Se Kimberlin has told Judge Hazel that he (the judge) found that Kimberlin’s state law claims were viable. He included this line describing his version of the court’s finding in his most recent letter to the court.ECF 274-p1IANAL, so I’m not sure of the correct legal term is for such a statement, but in engineering it would be referred to as bullshit. The court made no such finding. Here’s what Judge Hazel wrote.ECF 263-p34res_judicata_mugsJudge Hazel’s saying that the state law claims were outside of his jurisdiction and that he intended for the federal court to mind its own business is not the same thing as saying those claims are valid. Indeed, he expressed no opinion on the state law claims other than to note that they might be barred by “res judicata and/or collateral estoppel.” Meanwhile, Maryland Rule 2-101(b) allows a 30-day window to file the claims in a state court after the dismissal by a federal court for lack of jurisdiction. Time is up at close of business on Thursday. If TDPK does file something before the window closes, I look forward to using that suit as further evidence of his vexatiousness.

Tick, tock.

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Wishful thinking cannot bend Reality.

Team Kimberlin Post of the Day

Brett Kimberlin is no stranger to failure. The TKPOTD for six years ago today emphasized that point with respect to the first of his RICO LOLsuits against me.

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Here is what Judge Hazel has had to say about The Dread Pro-Se Kimberlin’s RICO Madness—

Kimberlin failed to plead … Kimberlin has failed to adequately plead … Kimberlin has failed to state a claim … Kimberlin has failed to allege … Kimberlin has therefore failed to plead … Kimberlin has failed to adequately plead … he has failed … he has failed … He has failed to do so … the SAC fails to allege … Kimberlin has therefore failed … Kimberlin has failed … Kimberlin has therefore failed to plead … Kimberlin has failed … his SAC failed to identify … attempt would also fail … Kimberlin has therefore failed … Kimberlin failed … necessarily must fail … he has failed … Kimberlin has failed to adequately plead … claim would still fail … Kimberlin has failed … Kimberlin has failed … would still fail … Kimberlin has failed … Kimberlin has failed to allege … Kimberlin has therefore failed … has failed to state a claim … because he has “fail[ed] to plead facts” … must be dismissed as he has failed to plead facts … Kimberlin has failed … dismissal of § 1985(2) claim for failure to allege … his failure … Kimberlin has failed to state claims …

Plaintiff is mistaken.

Yep, that about covers it.

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He failed at drug smuggling, and he failed at running an import/export business to/from Ukraine during his first parole. He has failed as a musician. He’s failed …

Team Kimberlin Post of the Day

Another reason for the failure of all of the Team Kimberlin LOLsuits has been their inability to frame a believable narrative and to tell it consistently. The TKPOTD for seven years ago today pointed out one of the inconsistencies in the RICO Madness LOLsuit.

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One of the things I noticed about The Dread Pro-Se Kimberlin from watching him tell different versions of the same story during different court hearings is that he sometimes seems to have trouble remembering what he’s said before. Recently, he’s been having that sort of difficulty with keeping his stories consistent even in the same document. For example, consider these two clips from his proposed Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.

This is from paragraph 83.ECF 100-1-83This is the beginning of paragraph 95.ECF 100-1-95So TDPK says that Erick Erickson joined the mythical RICO Enterprise twice.

Uh, huh.

* * * * *

It’s clear that Kimberlin’s ego caused him to get in over his head.

Team Kimberlin Post of the Day

Ah, today’s another one of the nicer anniversaries connected to The Dread Deadbeat Pro-Se Kimberlin’s lawfare. This post In Re RICO Madness appeared five years ago today.

* * * * *

Judge Hazel has issued his order ending the RICO Madness.

The case is now Kimberlin v. Frey, and the judge is moving it along to the next phase.

Although I am no longer a part of the lawsuit, the Gentle Reader should expect that Hogewash! will continue to provide close coverage of the case.

* * * * *

RereadingJudge Hazel’s order and a related case document has allowed me to better understand the course of TDPK’s subsequent court cases.

Heh.

Team Kimberlin Post of the Day

Team Kimberlin’s campaign attempting use lawfare in the form of defamation LOLsuits and bogus criminal charges as a means of silencing their critics blew up in their faces when almost all of the defendants vigorously stood up for our First Amendment free speech and free press rights. Eight years ago today, I wrote this post, Blog It Now, about why we bloggers were pushing back against being cancelled.

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In an earlier post today I alluded to Edward R. Murrow’s 1954 See It Now broadcast about Senator Joseph McCarthy. Whether or not one agrees with Murrow’s conclusions, that broadcast is an excellent example of using someone’s own words as criticism against him. Given the various lawfare tactics used by Team Kimberlin over the past couple of years, I’d like to offer this paraphrase of Murrow’s closing words from that broadcast:

We will not be driven by fear if we dig deep in our history and our doctrine and remember that we are not descended from fearful men—not men who feared to write, to speak, to associate, and to defend their causes. This is no time for men who oppose Team Kimberlin’s methods to keep silent. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a free citizen to abdicate his responsibility. As bloggers we have come into our full inheritance at a tender age. We proclaim ourselves defenders of free speech wherever it exists, but we cannot defend freedom for ourselves by deserting it for others.

The actions of the Cabin Boy from Team Kimberlin have caused alarm and dismay to some amongst our ranks and have given considerable comfort to the enemies of free speech. And whose fault is that? Not really his. He didn’t create a situation of fear; he has merely been used to exploit it. If we allow him to succeed, then Cassius was right. “The fault, dear Brutus, is not in our stars, but in ourselves.”

Good night and good luck. Stay tuned.

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I’m beginning to believe that Kimberlin’s lawfare was a dry run for a proposed larger use of defamation lawsuits by the Left for the purpose of shutting down effective voices on the Right. The initial proposal for the lawsuits came from a minor-league Democrat operative named Neal Rauhauser. Rauhuaser, who appears to have connections to Democrats such as Anthony Weiner, was working with Kimberlin during the period when the first cases were filed. He theorized that the targeted defendants would be intimidated by the suits and would settle out of court. However, it turned out that while we were deplorable, we weren’t a bunch of Neanderthals, and we weren’t frightened and confused by the modern legal system. We fought back and won.

Lawsuits have been a favorite tool for the Left, but I believe Kimberlin’s rather spectacular failures have caused the Left to look for different means of stifling the Right’s free speech, and I note, for example, Twitter began seriously purging accounts of folks on the Right within days of Kimberlin’s first RICO LOLsuit being dismissed.

We won the skirmish with Team Kimberlin because we had the facts and the law on our side and because we were in a venue where the facts and the law mattered.

The battle over cancellation is now in a venue where neither the facts nor the law will matter. If we can’t move the contest to a more favorable venue, we will need to master the rules of the new battleground.

And soon.

Team Kimberlin Post of the Day

One of the bright spots of my defense of Brett Kimberlin’s vexatious LOLsuits was the support I received from the Gentle Readers of this blog. The TKPOTD for six years ago today dealt with one instance of that support.

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popcorn4bkI’d like to thank the Gentle Reader who caught the amazingly stupid mistake The Dread Pro-Se Kimberlin made in his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness. Thanks for the heads up, and a special thanks for communicating it offline rather than in the comment section.

As the zombie says, this will be FUN!

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Now that the case is over, I can discuss The Dread Deadbeat Pro-Se Kimberlin’s error. Stacy filed for dismissal under Rule 4 of the FRCP because TDPK had failed to serve him with a copy of the LOLsuit’s complaint. Kimberlin didn’t bother to address Stacy’s motion. Instead, he used the filing as a second surreply to the motions to dismiss filed by Aaron Walker and me. The Rules allow for a reply in opposition to a motion and a rebuttal to that reply. A reply to that rebuttal, called a surreply, is not permitted without permission from the court. TDPK had already filed a surreply to our motions to dismiss without the court’s permission, and his opposition to Stacy motion was a further flouting of the Rules. Aaron and I filed a joint request under the court’s case management order to file a motion to strike Kimberlin’s filing.

His misbehavior didn’t help him. The court’s very next filing in the case record was a Memorandum Order dismissing the case for failure to state a claim upon which relief could be granted.

Team Kimberlin Post of the Day

Here’s another one of Kimberlin’s stupidly clumsy lies from the TKPOTD for seven years ago today.

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The carelessness The Dread Pro-Se Kimberlin has shown in his recent court filings is breathtaking. At the beginning of this month, he forgot to remove the PACER page caption from a summons it seems he forged. Around the middle of the month, he filed a bunch of responses to various motions to dismiss in the Kimberlin v. The Universe, et al. RICO Madness. It appears that he didn’t bother to vet his various exhibits in order to see if they supported his allegations. In some case, he wound up misquoting his own exhibits.

BK EFC29-48Here’s Exhibit Y. (Click to embiggen.)Kimberlin v NBC Res Hoge W M2D Ex YTDPK misquotes the text of the message. It says “Don’t go there.” He says it says, “LEAVE HIM ALONE. DONE GO THERE.” Those are two very different messages.

The most amazing thing about this sort of crap, is that it exists at all. Doesn’t TDPK think that the judge will read the exhibits? Doesn’t he think that we defendants and our lawyers go over his stuff with a fine tooth comb? I can understand why someone might lie when he thinks he can get away with it. But this … wow!

#Losing_It

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Kimberlin’s court filings were mostly pure fiction. I often chuckled as I read them—the first time. Then I remembered that I had to put together a cogent, reasoned answer, and the hard work of being a pro se defendant began.