Team Kimberlin Post of the Day


The following is from the TKPOTD published four years ago today. That post dealt with a codefendant’s court filing noting that the doctrine of res judicata should require the federal court to dismiss The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit because of his loss in the Kimberlin v. Walker, et al. LOLsuit in state court.

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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 an the air.

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And your support is greatly appreciated!

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin wants to be famous, but he’s done nothing to earn fame. His accomplishments in life have led to infamy instead. Rather than take steps to reform and rise above the reputation he has earned for himself, he has tried to silence those who have spoken and written truthfully about his past and present activities. This blog has chronicled TDPK’s use of the legal system to attempt to suppress the First Amendment rights of his critics. The TKPOTD from four years ago today deals with one skirmish in that multi-year fight.

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The Dread Pro-Se Kimberlin wanted a preliminary injunction in the Kimberlin v. Waker, et al. nuisance lawsuit that would have required Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me to take down everything we had posted on the Internet concerning him. His request was denied.

He sought permission to file a similar motion in the Kimberlin v. The Universe, et al. RICO Madness, but when he was told what limitations would be placed on his filing, he chickened out, saying that he would file yet another vexatious lawsuit and seek a preliminary injunction through it.
popcorn4bk

I now state for the record that I have decided to file a separate federal lawsuit against those defendants for conduct outside the current case, and I will file the preliminary injunction motion under that case number.

Go ahead. Make my day.

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As the Gentle Reader who has been following The Saga of Team Kimberlin knows, TDPK was dumb enough to file two more LOLsuits, a bogus peace order petition, and a false criminal complaint against me. They all failed—as did all the other lawfare he filed against my 40+ codefendants and others people and organizations.

Losing losers gotta lose.

Team Kimberlin Post of the Day


For the past few days, we’ve been looking at The Dread Deadbeat Pro-Se Kimberlin’s inept presentation of his case during the Kimberlin v. Walker, et al. LOLsuit. He kept trying to bring in non-germane topics. The TKPOTD from four years ago today dealt with his attempt to bring up the legal assistance fund I started to help Tetyana Kimberlin, something that had nothing to do with alleged defamation of TDPK.

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During last month’s Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin seemed particularly interested in the help that Aaron Walker and I had provided to Mrs. Kimberlin. This was part of his questioning of Aaron Walker.

MR. KIMBERLIN: Now, you — after you helped my wife file these things, you create with Mr. Hoge, am I correct? A defense fund for my wife, to raise money for her?

MR. WALKER: That is correct.

MR. KIMBERLIN: And you hired — you raised how much? A thousand? $100 —

MR. WALKER: I don’t know. I did not — personally control the funds.

MR. KIMBERLIN: But suffice it to say, it was a fairly significant amount.

MR. WALKER: Well —

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: And you used that money to hire an attorney, another attorney, to represent my wife.

MR. WALKER: I did not use the money. As I recall, John Hoge decided to loan several thousand dollars to your wife to help her get an attorney, and as of last I heard, he’s still in the red on that.

MR. KIMBERLIN: Oh, he loaned it to her? Okay —

MR. WALKER: Well, I don’t — no. It’s not a loan to her. We were hoping that he would get it back from donors.

When he got me on the witness stand he asked me about the fund as well.

MR. KIMBERLIN: And as a result of that email thread, did you terminate the defense fund that you had raised, or started for her?

MR. OSTRONIC: Objection, your honor. I —

THE COURT: Sustained.

MR. OSTRONIC: Thank you.

MR. KIMBERLIN: Did you take any action after you received that email?

MR. HOGE: I don’t know which email you’re talking about, so I — you would have to show me the email, and then I can tell you what action I might have taken as a result of it.

MR. KIMBERLIN: Now, you with my wife after the hearing. Am I correct?

MR. HOGE: Yes.

MR. KIMBERLIN: And as a result of that meeting, you created a defense fund. Am I correct?

MR. HOGE: Not as an immediate result of that meeting. Not our first meeting. No.

MR. KIMBERLIN: Did my wife ever tell you —

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: Did you stop that defense fund at some point in time?

MR. HOGE: Yes.

MR. KIMBERLIN: And was that on account of her?

MR. HOGE: At her request.

MR. KIMBERLIN: And at that time, did she ask you to remove any post about —

MR. OSTRONIC: Objection.

THE COURT: Sustained. The objection’s sustained.

MR. KIMBERLIN: Your honor, it goes to malice.

THE COURT: Well, it’s hearsay. He can’t testify what she said. She’s not part in this case.

He got back around to the topic of the legal fund for his wife on redirect examination.

MR. KIMBERLIN: You’ve been to events with Mr. Akbar?

MR. HOGE: Yes.

MR. KIMBERLIN: You’ve been nominated for awards by the National Blogger’s club for writing about me. Right?

MR. HOGE: Yes.

MR. KIMBERLIN: You coordinated with Mr. Akbar to raise funds for this Tetyana defense fund. Am I correct?

MR. HOGE: He volunteered to be a contributor. He wasn’t involved in starting the fund.

Gentle Reader, I suspect that what triggered the Kimberlin v. Walker, et al. vexatious lawsuit was the help we offered Mrs. Kimberlin. Brett Kimberlin made his family issues public when he sought a protective order against his estranged wife and a peace order and criminal charges against her boyfriend. His lawfare against them backfired, and his attempt at brass knuckles reputation management by suing Aaron, Stacy, Ali, KU, and me has resulted in an extra helping of Streisand Effect.

Just wait till he sees what’s coming in the RICO Madness.

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He did even worse in the RICO Madness case. The federal counts were thrown out for failure to state a claim, and when he refiled the state law claims in state court, he wound up being adjudicated defamation proof.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Team Kimberlin tells lies, and sometimes those lies get a bit of circulation beyond Team Kimberlin’s own websites. This post about #BrettKimberlin’s Latest Lies from six years ago today deals with one example of how Team Kimberlin tried to influence the 2012 presidential election.

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Stacy McCain has a summary of Team Kimberlin’s latest lying attack. This one is aimed at a Romney campaign staffer. Posting at Democratic Revolution as under the name of one of his not-for-profits (a cheesy outfit I call the Velveeta Revolution), Team Kimberlin accuses Romney staffer Bill Murray of fraud. That posting relies on an article at The Democratic Daily [memory-holed link] by Alex Brant-Zawadzki. Mr. Brant-Zawadzki is a cyber colleague of Neal Rauhauser. Mr. Rauhauser works with Brett Kimberlin at Velveeta Revolution.

As Stacy McCain notes:

Brant-Zawadzki’s article (“Romney Staffer Committing Charitable Fraud“) refers to the American Liberty Alliance, a Tea Party-oriented project launched by Eric Odom in 2009 that was subsequently dissolved, as well as the National Bloggers Club, as points of association between Murphy and Ali Akbar, a conservative New Media strategist who is president of the National Bloggers Club. Brant-Zawadzki’s claim that the club is a “fraud” appears to be based entirely on the fact that the non-profit has not yet filed its first report with the Internal Revenue Service. Yet as Akbar has explained, the club was only organized in February of this year, and has up to one full year to report its activities to the IRS.

I’ll bet that the National Bloggers Club could be persuaded to open its books for an audit if either the Justice Through Music Project or (OK, I’ll use it’s legal name) the Velvet Revolution did the same.

Put up or shut up, Mr. Kimberlin.

UPDATE—There’s been some buzz on the Interwebs about whether or not the National Bloggers Club is a 503(c)(3) organization. In order to determine that, we can look at 26 USC 503(c):

(c) List of exempt organizations

(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

IANAL, but from what I know about the National Bloggers Club it seems to fit that description. Some people are writing that because NBC has not filed with the IRS yet for recognition of an exemption, they are not organized as a 503(c)(3) entity. That doesn’t seem to be what the Internal Revenue Code requires. Indeed, the IRS web page on how to register as a 501(c)(3) has this:

Generally, organizations required to apply for recognition of exemption must notify the Service within 27 months from the date of their formation to be treated as described in section 501(c)(3) from the date formed.

Clearly, NBC is within that 27 month window. There really is nothing to see here. We do need to move along and stop feeding the trolls.

UPDATE 2—As I mentioned above, IANAL nor am I any sort of tax professional. However, I have been a director or trustee of several 501(c)(3) organizations and was the Treasurer responsible for IRS filings at one. I write based on that experience. There’s someone hiding behind a nom de cyber who is trying to post incomplete (and therefore misleading) information about what a 501(c)(3) organization is required to do and when it is required to do it. Nice try, but you’re blocked.

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The Dread Deadbeat Pro-Se Kimberlin continued his lying attack against the National Bloggers Club, spinning a false narrative in his RICO Madness LOLsuit court filings alleging that NBC had not even filed for 501(c)(3) status. He kept it up until NBC received its acknowledgement from the IRS as a 501(c)(3) organization.

#AuditJusticeThroughMusicProject

Team Kimberlin Post of the Day


11 August, 2014, was the opening day of the Kimberlin v. Walker, et al. trial. That case was the only of all the Team Kimberlin LOLsuits to go to trial. All the others were killed off by motions to dismiss or motions for summary judgment. In reviewing the posts from that day, I found two I want recycle. The first is a Yours Truly, Johnny Atsign episode that actually dealt with a The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit.

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ANNOUNCER: From Westminster, it’s time for—

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

CALLER: (Telephone Filter) Mr. Atsign, my name is Steve. I’m a fan of your show.

JOHNNY: Hello, Steve. What can I do you?

CALLER: (Telephone Filter) Well, you could check for a DM from me in your Twitter account.

JOHNNY: Oh?

CALLER: (Telephone Filter) Yes. I believe you’ll find the link it contains intriguing.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out.

JOHNNY: The following is partial extract of the tweets sent and received during my investigation of Short-Fused Dud Matter.

JOHNNY TWEETS: (SYNTH VOICE) Hey, @Stevethefan, thanks. That does seem intriguing.

JOHNNY: An anti-First-Amendment activist called The Bomber had filed suit against a small group of bloggers in a Maryland state court. He claimed that they had conspired to stalk, harass, and defame him by writing truth things about his past and present activities. When that didn’t sufficiently intimidate them, The Bomber sued them along with almost 20 other bloggers and media organizations in a federal court, this time claiming that the larger group was a racketeering enterprise set up to harass and defame him.

Some of the bloggers he sued are anonymous. The Bomber didn’t know who he was really suing, and, therefore, he didn’t know who to serve with the various court papers.

He’s tried various methods of identifying those bloggers. In the case of the blogger known as Top Gun, he has been singularly unsuccessful. But that’s not from lack of trying.

SOUND: Typing on keyboard. Mouse clicks.

JOHNNY: My caller’s DM contained a link to the case number of The Bomber’s federal RICO suit, but with a twist. The suit had been filed in the District of Maryland, but the link led to the Eastern District of Virginia. Sure enough, the case was docketed there too.

SOUND: Typing on keyboard. Mouse clicks.

JOHNNY: Well, well, well … It seems that he’s gone fishing in a new pond. This is worth sharing.

SOUND: Telephone handset picked up. Number dialed. Phone ringing (Caller’s POV).

PRO BONO: (Telephone Filter) Pro Bono.

JOHNNY: Johnny Atsign here, Counsellor. I’ve got something to show you online. Can you login to PACER?

PRO BONO: (Telephone Filter) Actually, I’m logged in now. What’s up?

JOHNNY: I know you’re only handling the state case, but you want to take a look at The Bomber’s RICO suit.

PRO BONO: (Telephone Filter) I do that from time to time. Has he filed something new?

JOHNNY: Yeah, but you need to look in the Eastern District of Virginia for it?

PRO BONO: (Telephone Filter) Really? Let’s see … Yeah, there is something there … Uh, huh … He’s filed subpoena request to try to get information about Top Gun. That’s interesting, but Top Gun isn’t one of my clients.

JOHNNY: I know, but look at attachment 2.

PRO BONO: (Telephone Filter) Wow! I don’t believe that.

JOHNNY: Yeah. He’s screwed up big time. That receipt for the filing fee shows that it was paid by a check drawn on the account of the not-for-profit he works for.

ANNOUNCER: Here in Westminster, we’re having those pleasant summer evenings when it’s nice to sit on the porch and sip a cold drink while listening to crickets and watching the lightning bugs. I’ve been sipping mine from a Res Judicata travel mug. It’s just one of the goodies exclusively available for you to spend your hard-earned cash on at The Hogewash Store. Stop by today, and spend some cash to support Team Lickspittle. You can also show your support by hitting the Tip Jar or buy doing your Amazon shopping via the link on the Home page.

SOUND: Skype rings once.

JOHNNY: Johnny Atsign.

PRO BONO: (Telephone Filter) Hey, Johnny, we finally got discovery from The Bomber.

JOHNNY: How incomplete is it?

PRO BONO: (Telephone Filter) It’s pretty spotty. He really doesn’t seem to understand the rules of evidence and what it takes to prove something in court. But I called you to let you know that he did give us an answer to that document request you suggested.

JOHNNY: Evasive, huh.

PRO BONO: (Telephone Filter) Uh, huh. The same sort of off-topic answer he gives when he’s pinned down in court. We asked him to provide copies of any payment records from his not-for-profits that covered any expenses in any lawsuit against one of my clients. He responded that there was no such payment in the state suit.

JOHNNY: Technically true—the payment was in the federal case—but still a lie by half-truth.

JOHNNY TWEETS: (SYNTH VOICE) @TheBomber, quid est veritas?

MUSIC: Theme up and under

ANNOUNCER: Now, here’s our star to tell you about next week’s intriguing episode of our story.

JOHNNY: Next week? Who knows? We may be at the denouement. Join us, won’t you?

Yours Truly, Johnny Atsign!

MUSIC: Swell theme and under

ANNOUNCER: Yours Truly, Johnny Atsign, starring W. J. J. Hoge, is transcribed in Westminster. Be sure to join us next Monday, same time and URL, for the next exciting episode of Yours Truly, Johnny Atsign.

MUSIC: Theme up to music out.

ANNOUNCER: Johnny Atsign is a work of fiction. If anyone thinks it’s about him, he should read Proverbs 28:1.

Be sure to tune in every Friday at 6 pm Eastern Time for a episode of Blognet or Blogsmoke on alternating weeks. This is LBS, the Lickspittle Broadcasting System.

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The second post deals with a comment I received here at Hogewash! after I got home from the courthouse. The comment contained some rather Unfriendly Advice.

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TK201408120026ZDon’t worry.

RANGE_PHOTO

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Of course, it was an empty threat. I’d have to wait until the next day for my day to be made, non-violently.

Team Kimberlin Post of the Day


From his various failed attempts at a musical career, it seems Brett Kimberlin dreams of being famous, but from his various failed attempts at lawfare, it also seems that he doesn’t want the kind of public scrutiny that goes along with celebrity. The TKPOTD from four years ago today dealt with one of his more stupid attempts to shut his critics up.

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The Dread Pro-Se Kimberlin haz sad because a mean bunch of bloggers mock him on the Interwebz. Here’s part of his whining in his recent letter to Judge Hazel.ECF 165 topof2TDPK knows full well that court filings are public documents and that they can be published. That’s why he put Aaron Walker’s personal information in a filing in the Kimberlin v. Allen lawsuit as a way of doxing Aaron.

Of course, I publish what TDPK files, and, of course, I mock it. There’s no way that I’m going to let Brett Kimberlin hide any of his shenanigans in these vexatious nuisances lawsuits, and I mock his filings because they are risible.

As for “threatening doom” or “pretending to be the Court,” TDPK is reading more into what I write than what I actually have written. Personally, I believe the facts and the law are on my side in both the state and federal cases. That means I expect to win. If that’s a threat of doom, so be it. However, I know that any time one goes to court, the unexpected can happen. I can’t (and won’t) predict what the Court will ultimately do.

Junior MintsOTOH, I do recommend that the Gentle Reader should stock up on popcorn or Jujubes or Raisinets.

And if those don’t suit your fancy, how about Junior Mints?

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He wanted fame. He compounded his infamy.

Losing losers gotta lose.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin isn’t the sharpest knife in the drawer. The TKPOTD from four years ago today contain an excellent example of his obtuseness.

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Judge Hazel may have just fired a shot across The Dread Pirate … oops … The Dread Pro-Se Kimberlin’s bow.  This is from his most recent order in the Kimberlin v. The Universe, et al. RICO Madness.ECF 162-fn2That last sentence is a doozy. I looks as if the judge has figured out that TDPK has thrown a bunch of wild accusations around and that some of them landed on innocent bystanders. He’s giving TDPK the opportunity to dismiss those folks from the suit. I wonder if TDPK is smart enough to take the hint.

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Not only did TDPK fail to take Judge Hazel’s hint about dismissing some of the defendants in the RICO Madness LOLsuit, Kimberlin kept almost all of them in the state RICO Retread LOLsuit he filed to try to keep his state law claims going. One of the defendants he included in that second go-around was Mandy Nagy. Mandy had suffered a severe stroke and was unable to participate in her own defense. Even though Judge Mason asked Kimberlin why he was suing a legally incompetent defendant and suggested she be dismissed, TDPK kept her in the LOLsuit to the bitter end.

An accurate description of my opinion of Kimberlin’s treatment of Mandy Nagy would not meet this blog’s requirements for decorum.