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.

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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.

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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.

* * * * *

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.

Team Kimberlin Post of the Day

One of the recurring features related to Team Kimberlin has been posts titled Prevarication Du Jour. The post were usually about one of stupid lies being spun by Bill Schmalfeldt, but a few dealt with the utterances of The Dread Deadbeat Perjurer Kimberlin. The PDJ for seven years ago today was one of those.

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In October, 2010, The Dread Pro-Se Kimberlin filed a bar complaint against my RICO codefendant Patrick Frey. (Patterico is a lawyer and serves as a Deputy DA in Los Angeles County, California.) In that complaint TDPK cites a section of a California government Guide to Employee Conduct and Discipline. The boldface type is in TDPK’s original complaint.

Section ( w ) prohibits “[u]nlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, disability, marital status, sex, or age, against the public or other employees while acting in the capacity of a State employee. Covers all acts of unlawful discrimination and harassment by an employee against a member of a protected gtoup, under the auspices of State employment. Acts could be against employees or members of the public.” I am considered as having a disability because of my status as a felon. I have not committed any crime for more than 31 years and have worked hard to be an outstanding member of societysince my release from prison many years ago. Yet Mr. Frey is using his hate blog to harass, bully, defame, investigate and stalk me, with the intent to cause violence against me and ruin my ability to earn a living. He is taking advantage of my disability to target me, and using his official position as a Deputy District Attorney to give credibility to his savage attacks against me.

I’m not making that up. TDPK claimed that he is disabled because of his felony convictions. Of course, there are certain legal “disabilities” that come with being a felon. Felons can’t possess firearms. They can’t vote in some states. But those are not the kind of disabilities mentioned in regulations or laws such as the Americans with Disabilities Act.

The comment section is open for mockery.

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That kind of stupidity is a mental and moral handicap. IANAL, but I’m pretty sure that it isn’t a disability in any legal sense. Of course, Kimberlin’s stupidity have often led him into both civil and criminal legal problems.

Team Kimberlin Post of the Day

Seven years ago today was a busy day here at Hogewash! which resulted in the posting of Team Kimberlin Bonus Post of the Day.

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RICOMadnessThe Dread Pro-Se Kimberlin has filed a combined response to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.BK_ECF29-14As the Gentle Reader might suspect, that mischaracterizes our arguments. I’ve argued that Brett Kimberlin, a convicted serial bomber, has been convicted of multiple infamous crimes and is, therefore, a public figure in the same sense as other convicted bombers such as Ted Kaczynski or Timothy McVeigh. I believe his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is so bad as to render him defamation proof.

Even Bill Schmalfeldt understood that TDPK has a lousy reputation.

Sat Jun 16 22:27:31 +0000 2012, liberalgrouch, 214122056504184832, @Prepostericity If your point is that Kimberlin is a scumbag, I’m way ahead of you on that.  Said so in my blog weeks ago.  I could do

Sat Jun 16 22:28:26 +0000 2012, liberalgrouch, 214122288910577664, @Prepostericity without the condescending bullshit from a fellow blogger, if you don’t mind.  …

#Fail

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Eventually, Judge Mason concurred with my argument that Kimberlin was defamation proof when he found that to be one of the reasons why The Dread Deadbeat Pro-Se Kimberlin had failed to state a claim upon which relief could be granted and dismissed the RICO Retread LOLsuit in state court.

Team Kimberlin Post of the Day

If I hadn’t been a defendant in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit, I probably would have found some of its insane claims more humorous. Still, I did try to poke fun at some of the more outrageous lies. Seven years ago today, I posted BREAKING: RICO Enterprise Revealed.

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Or, at least, The Dread Pro-Se Kimberlin’s imagined version:BKR2H&WMtDs31Dang! I thought I was more of a mover and shaker. Now I find out that I’m no more important to the operation than Glen Beck or Simon & Schuster.

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Alas, if we ever make a movie of The Saga Of The Dread Deadbeat Pro-Se Kimberlin, Robert Duval will be too old to play Patrick Frey.

Team Kimberlin Post of the Day

Team Kimberlin’s failures are a prime example of the Dunning-Kruger Effect. Brett Kimberlin’s delusions of adequacy cause him to file court documents that don’t properly support his claims. Indeed, they often wind up providing support for his opponents. The TKPOTD from six years ago today dealt with one example of his shoddy writing.

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The Dread Pro-Se Kimberlin clearly needed some editorial help with his omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-21#FixedItForYou

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Such a failure is all the more amazing given that he has a Genuine GS-13 Editor on his team.

Team Kimberlin Post of the Day

The holidays are always a busy time, but some people often wind up with more on their schedule than they can comfortably manage. Consider the TKPOTD for seven years ago today.

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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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The Hoge family had a lovely Christmas in 2013, and we’re looking forward to a quiet and peaceful holiday this year.

Team Kimberlin Post of the Day

Today is the fifth anniversary of LOLsuit VI:The Undiscovered Krendler—The Complaint.

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Here’s The Dreadful Pro-Se Schmalfeldt’s complaint—

I found this paragraph particularly amusing.ECF 1-41

UPDATE—It’s one thing to have FUN pointing and laughing at Cabin Boy’s™ stupidity. It’s something else to offer comments that educate him on how to amend his complaint. Please don’t educate the Blob. Otherwise, I will have to shut down comments on this post.

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When Brett Kimberlin filed the first RICO Madness LOLsuit, he screwed up the listing of defendants in the caption of the complaint, and there was quite a bit of curfuffle over a forged summons before The Dread Deadbeat Pro-Se Kimberlin was finally able to add the missing defendant. The Cabin Boy™ was headed down a similar path with LOLsuit VI. Paragraph 41 in the body of the complaint refers to me as a defendant, but I’m not listed in the caption, resulting in a bit of pointage, laughery, and mockification until the complaint was amended.

Team Kimberlin Post of the Day

Here in Westminster, our weather forecast includes a little snow today and a significant snow storm on Wednesday. That reminds me of this Long-Range Forecast from six years ago today.

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Periods of light snow today in Westminster.

To the south … Expect intermittent showers of paperwork in and around Bethesda with increasing frequency and significant accumulation of several inches over the next week. Blizzard conditions are possible.

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Heh.

Team Kimberlin Post of the Day

This Prevarication Du Jour from seven years ago to deals with one of more lame attempts by Brett Kimberlin’s PR flacks to favorably spin as story.

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So Bill Schmalfeldt is spreading a tale about “the feds” going to visit The Dread Pirate Kimberlin to pick up a copy of his RICO suit …DBR201312060236What a waste of time! “The feds” could have simply downloaded a copy from PACER.pacer13-cv-03059_20131205BTW, the Amended Complaint that TDPK filed with the court is not the same as the one he served on me. Maybe “the feds” were doing a version check.

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Oh, the FBI has visited Brett Kimberlin. That’s for sure. But I believe I can safely state the visits were not exactly as Bill Schmalfeldt suggested.

Team Kimberlin Post of the Day

The TKPOTD for six years ago today dealt with several of the bogus claims Brett Kimberlin made against this blog in his RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin has alleged that the purposes of the reporting about his activities by the defendants in his Kimberlin v. The Universe, et al. has been to engage in money laundering and increase the value of our websites.ECF 135-200As to the money laundering allegation—he has never produced a single bit of evidence that any of the defendants have engaged in any illegal activities that would generate funds that require laundering. With no dirty money there is nothing to be laundered. Thus, he hasn’t properly alleged that activity.

As to building the value of our websites—Well, sure, folks like Stacy McCain who make their livings by blogging gear their coverage to generate readers who will hit their tip jars. (Stacy’s is here.) While this blog tries to make money (here’s my Tip Jar), it isn’t how I really earn my living. Selling engineering advice to outfits like NASA is much more lucrative. HSRWT

I think Brett is simply frustrated and jealous that his sites are unsuccessful even after a decade of full-time Internet presence. Hogwash! has vastly more traffic. If this blog is a bush league operation, Kimberlin’s sites are T-ball. Here’s the relative rankings per Alexa.alexa_rankingsBrett Kimberlin is a jealous loser.

timer-blackMeanwhile, the timer is ticking down. His omnibus opposition to all of those motions to dismiss the RICO Madness is due by close of business next Monday. Can he stitch together something from the “facts” he’s alleged that will support at least one of his claims? What cockamamie legal theories will he advance to try to save his case? I suppose we’ll know the answers in a few days.

Stay tuned.

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BTW, if spinning false narratives were a reliable way to increase the value of a media property, why hasn’t The Dread Deadbeat Publisher Kimberlin made a fortune off of breitbartunmasked dot com, and why is AT&T trying to sell CNN?

Team Kimberlin Post of the Day

The TKPOTD from six years ago today debunks one of Brett Kimberlin’s more outlandish lies from this RICO Madness LOLsuit.

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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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All I will say about Team Kimberlin’s attacks on my family is that many of them were so disgusting that I’ve never soiled this blog by writing about them.

Team Kimberlin Post of the Day

Even Gentle Readers who have closely followed The Saga of Team Kimberlin for the past 8+ years sometimes lose track of all the various LOLsuits and other legal shenanigans that Brett Kimberlin has tired to employ in his failed attempts at brass knuckles reputation management. Five years ago today, I ran the following post to help the Gentle Readers keep track of Who’s On First?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

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I can sum up the results of Kimberlin’s lawfare by simply saying he’s maintained a perfect record—of striking out.

Team Kimberlin Post of the Day

During the run up to the Kimberlin v. Walker, et al, nuisance LOLsuit trial, Brett Kimberlin seem particularly bothered by the reporting that Aaron Walker and I were doing on that case and the larger Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court. He sent a letter the judge in the federal case seeking permission to file a motion for a preliminary restraining order as a gag order against us. That simply resulted in more reporting on The Dread Deadbeat Pro-Se Kimberli’s shenanigans here at Hogewash! and at other blogs. Here’s the TKPOTD from six years ago today.

* * * * *

The Dread Pro-Se Kimberlin haz sad. He says that Aaron Walker and I called him bad names. This is from his letter seeking to file a preliminary injunction in the Kimberlin v. The Universe, et al. RICO Madness.ECF 163 at 1

Terrorist? Here’s what the 6th Circuit Court of Appeals said.

Kimberlin was convicted as the so-called “Speedway Bomber,” who terrorized the city of Speedway, Indiana, by detonating a series of explosives in early September 1978. In the worst incident, Kimberlin placed one of his bombs in a gym bag, and left it in a parking lot outside Speedway High School. Carl Delong was leaving the high school football game with his wife when he attempted to pick up the bag and it exploded. The blast tore off his lower right leg and two fingers, and embedded bomb fragments in his wife’s leg.

Kimberlin v. White, 7 F.3d 527 (6th Cir. 1993)

Forger? Here are his own word from the document docketed as ECF No. 102 in the RICO Madness.ECF 102-3That’s an admission that he forged the summons he sent to Twitchy. Also, he made this admission to Judge Ryon in a Kimberlin v. Walker, et al. hearing on 9 April, 2014, concerning a Certified Mail green card for a piece of mail sent to Ali Akbar.BK v AW 2013 0409 at 22

Perjurer? It’s a matter of public record that TDPK is a convicted perjurer, and he has admitted as much in open court multiple times since May, 2014. Furthermore, he’s been caught lying recently. For example, consider these responses to my requests for admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.BK v AW 2013 Admission 21Pedophile? I haven’t called Brett Kimberlin a pedophile. However, I have seen evidence that leads me to understand why someone might hold that opinion. I suppose that if he wants to push the issue, those who might have used that word will put that evidence before the court. Some of it has been sealed, but not all of it has. Also, court records can be unsealed.

RaisinetesIf popcorn or Jujubes aren’t your favorites, Hogewash! is also offering a deal on Raisinets through Amazon.

Stock up today, and stay tuned.

* * * * *

As it says on this site’s masthead: Never pick a fight with a man who buys pixels by the terabyte.

Team Kimberlin Post of the Day

And In further Legal News … was posted five years ago today. I believe the motion it contains led to the ruling that essentially gutted any chance that Brett Kimberlin should ever be able to file another viable defamation LOLsuit.

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Here is the motion to dismiss the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit filed on behalf of Michelle Malkin and Twitchy.

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One of the defenses that I had raised against the defamation claim in The Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit in federal court was this: Because his reputation was so poor as a result of his acts as a perjurer, drug dealer, serial bomber, etc., Kimberlin was defamation proof. That is, his reputation was already so bad that no truthful thing said about him could further damage his standing in the eyes of the public. When the judge in the federal case dismissed the federal claims in the RICO Madness case, he declined jurisdiction over the state claims (including defamation) and did not rule on them. Thus, there had been no ruling on the merits of my motion to dismiss because it was moot in the federal case.

When TDPK refiled the state claims in state court, the lawyers representing Michelle Malkin and Twitchy added my argument about Kimberlin being defamation proof to the defenses they raised. See paragraph 3 in their motion to dismiss and footnote 2 in their memorandum in support of the motion.

When the Malkin/Twitchy motion was heard by Judge Mason in state court, he granted it, adopting all of its reasoning. In doing so, he found that Kimberlin was defamation proof. When Aaron Walker filed his motion to dismiss, he pointed out the implication of the ruling on the Malkin/Twitch motion, and asked for dismissal for failure to state a claim because Kimberlin was defamation proof. Judge Mason granted the Walker motion, and in his order he more or less said that, yes, he meant to find Kimberlin defamation proof in the first instance and that he was doing it again.

IANAL, and I don’t know that this creates an air-tight defense against any defamation claim from Brett Kimberlin. He still might be able to be defamed by a lie. But it’s been over three years since he filed the RICO 3 LOLsuit, and we haven seen another since it was dismissed. Perhaps he’s come to understand the uphill battle he would have with another defamation case.

Team Kimberlin Post of the Day

On 1 July, 2014, five of the seven counts in the Kimberlin v. Walker, et al. nuisance LOLsuit were thrown out on summary judgment because there was either no evidence to support them or because they weren’t valid causes of action, that is, valid reasons to sue. It turns out that including claims for invalid causes of action would be a common problem with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits. The TKPOTD for six years ago today dealt with one such defect in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is now stuck having to prosecute his Kimberlin v. The Universe, et al. RICO Madness based on his Second Amended Complaint. The court has ruled that he gets no more do overs. That means he has to make his case using junk like this—ECF 135-189For those of us who haven’t memorized all the thousands of pages of the U. S. Code, here’s what 18 U.S.C. § 1512(k) says.

(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.

Notice that § 1512(k) doesn’t prohibit anything. It simply describes what the penalty for conspiring to commit a violation would be. So what that means is that in paragraph 189 TDPK is accusing my fellow defendants and me of … nothing at all.

Federal Rule of Civil Procedure 15(a)(3) requires that we defendants respond to an amended complaint “within 14 days after service of the amended pleading.” The Clerk of the Court posted it on PACER on 24 June. TDPK should expect a deluge of paper between now and 8 July. He will then have 14 days to reply; the second half of July might be quite busy.

popcorn4bkBTW, all of the discovery in the state Kimberlin v. Walker, et al. case is due on the 10th, and the trial for that case is set for 11 August. Yep. The second half of July could be busy.

Stay tuned.

* * * * *

In fact, that July did see a lot of legal tussle which culminated in TDPK losing the first of the four LOLsuits he filed against me during August.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin started his campaign of lawfare in an attempt silence his critics. He sought to use civil suits, peace orders, and false criminal complaints to punish those who reported on his past and ongoing activities and to intimidate others from writing about him as well.

There were several major defects in his plan. One flaw was the fact that court proceedings are matters of public record except when rarely sealed for a few very limited purposes. Thus, his LOLsuits became matters for public reporting and mockery. Six years ago, I reported that #BrettKimberlin Haz Sad because he couldn’t conceal his filings in the RICO Madness LOLsuit.

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After turning the stupid knob up to 11 12, The Dread Pro-Se Kimberlin sent a proposed sanctions motion to Michael Smith, the lawyer representing Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. Now, he’s whining because his foolishness was made public. He seems particularly upset that Hogewash! posted a copy of his proposed sanctions motion.

It seems that TDPK has not yet realized that civil trials are conducted in public here in America and that he is not entitled to a secret Star Chamber proceeding against his intended victims. If TDPK can’t stand the heat, he should get out of the kitchen.

Tune in just after midnight for further commentary on TDPK’s latest filings.

UPDATE—Aaron Walker comments here.

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The Gentle Reader can find that further commentary here. I noted in that further commentary that “Brett Kimberlin had made a terrible mistake by suing my four codefendants and me in the state Kimberlin v. Walker, et al. nuisance lawsuit. He doubled tripled quadrupled down on stupid when he upped the ante and sued my twenty codefendants and me in the RICO Madness.”

His biggest mistake was suing me. I’m not done with him yet.

Team Kimberlin Post of the Day

People who haven’t been following The Saga of The Dread Deadbeat Pirate/Pro-Se/Performer/Protestor/Protector/Publisher Kimberlin sometimes ask me to explain who he is and why I took an interest in him. I usually respond by asking them if they remember the federal prisoner who claimed to be Dan Quayle’s dope dealer. If they do, that provides a starting point for explaining TDPK’s weird story. If not, I begin by filling them in on the Speedway Bombings. More than one listener has assumed that I’m making the tale up as I go. Kimberlin himself has attempted to use the absurdity his life’s story as a way to imply that those of us who have told the truth about him must be lying. The TKPOTD from six years ago today dealt with one time he tried to make that claim.

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The Gentle Reader who has been following the Saga of The Dread Pro-Se Kimberlin and his vexatious lawsuits should not be surprised to find that TDPK has mischaracterized the arguments presented in the oppositions to his motion for a second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. Here’s one of the tales he tries to spin in that reply.ECF 119-7Of course, it is true that by expanding his complaint with 60% more verbiage did not result in a short statement of the nature of his case. It is also true that he still doesn’t allege a sufficient set of facts upon which a claim for relief could be based. The defendants’ arguments are not incredible, but the facts upon which they are based are mind-bogglingly weird.

The Dread Pro-Se Kimberlin was given an opportunity to clean up his complaint. Instead, he has doubled down on stupid.

#Fail

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Time and again, it’s Brett Kimberlin who’s been caught lying.

Team Kimberlin Post of the Day

This TKPOTD is from four years ago today. It provides a succinct summary of Brett Kimberlin’s lawfare campaign attempting to use the courts to suppress the First Amendment rights of his critics.

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One of the subjects of interest at this blog is the First Amendment. I got interested in Brett Kimberlin back in 2012 because of the unconstitutional gag order he was granted against Aaron Walker as part of a peace order. That struck me as an attack on Aaron’s First Amendment rights, and I wound up participating in the Everyone Blog About Brett Kimberlin Day blogburst. Because the hearings involved in the Kimberlin cases were within commuting distance of my home, I began attending them and writing about the various Kimberlin-related peace order petitions and lawsuits.

As a result, I became part of the story.

In late July, 2013, Brett Kimberlin filed a false criminal complaint against me accusing me of harassment. The charge was dropped by the Montgomery County State’s Attorney.

In late August, 2013, Brett Kimberlin sued Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me in Montgomery County Circuit Court alleging a wide array of torts, including defamation and false light invasion of privacy. In July, 2014, most of that case was dismissed on summary judgment. The next month, Aaron, Stacy, Ali, and I received a directed verdict in our favor when Kimberlin was unable to put on enough evidence to allow the remaining case to go to the jury. Kimberlin appealed to the Court of Special Appeals, and a three-judge panel upheld the Circuit Court’s finding in January, 2016. Kimberlin has asked an rehearing en banc by the entire Court of Special Appeals.

In October, 2013, Brett Kimberlin sued over twenty defendants, including me, in federal court alleging a RICO conspiracy and civil rights claims as well as a laundry list of state law torts. On 17 March, 2015, the federal claims were throw out, except for one claim against Patrick Frey. Kimberlin tried to appeal to the Fourth Circuit Court of Appeals, but he was turned away because the case was still ongoing in the lower court. The remnant portion of the case has been limping along, and discovery finally ended last Friday. Kimberlin has sought to subpoena information from me, but I was not properly served. However, I voluntarily let him have the responsive information that I had. Because he was disappointed with what he received, he filed a motion to have me sanctioned. That motion is still pending.

In March, 2015, Kimberlin filed a false peace order petition against me that alleged I had harassed Mrs. Kimberlin’s elder daughter. On 13 March, 2015, that petition was denied.

The following Monday, 16 March, 2015, Kimberlin filed his second RICO lawsuit, the so-called Team Themis suit, against almost twenty defendants. My name was tacked on the end. (This was great timing; the first RICO suit was dismissed the next day.) That lawsuit was dismissed last week.

On 15 April, 2015, Kimberlin filed another lawsuit in Montgomery County Circuit Court which essentially was the state law claims from his first federal RICO suit alleged against most of the same defendants. Michelle Malkin, Twitchy, Breitbart, Glenn Beck, Mercury Radio Arts, and The Blaze were dismissed from the suit in September, 2015. Aaron Walker was dismissed in January, 2016. Dan Backer, DB Capitol Services, Lee Stranahan, and I were dismissed yesterday. Of the four remaining defendants, Patrick Frey, Ali Akbar, and National Bloggers Club remain unserved, and Mandy Nagy is incompetent to defend herself following a devastating stroke.

Kimberlin appealed the denial of his bogus peace order petition, and his appeal was denied after a hearing in Montgomery County Circuit Court on 14 May, 2015.

A few days later, acting through his wife, Kimberlin filed a false criminal complaint based on the allegations in his peace order petition. In June, 2015, the Montgomery County State’s Attorney dropped the charge for lack of evidence.

So where are the cases now.

The peace orders and criminal charges are done.

The first state lawsuit has failed on appeal, and it’s unlikely that the Court of Special Appeals will bother with an en banc hearing and even more unlikely that the Court of Appeal (Maryland’s highest court) would grant a petition for certiorari and take the case.

The first RICO case isn’t over in the District Court and can’t be appealed until the claim against Patrick Frey is adjudicated there.

The second RICO is in now toast in the District Court. I expect that Kimberlin will file an appeal with the Fourth Circuit in a few days.

The second state lawsuit isn’t over yet either, and it can’t be appealed until the claims against the remaining four defendants are resolved.

So, for now, Patrick Ostronic, my pro bono attorney in the state cases, will be watching the Court of Special Appeals for a decision on an further hearing, and I’m lining up legal resources to deal with the expected appeal in RICO 2. And we shall see how Judge Hazel rules on that sanctions motion. Meanwhile, it’s become abundantly clear that the Rauhauser/Kimberlin strategy of on-the-cheap pro se litigation has backfired.

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

—Neal Rauhauser, quoted by Stacy McCain.

Kimberlin now overlooks at his own risk the potential for a group of defendants, some with excellent legal resources, dedicated to the First Amendment to push back against his lawfare. Maybe, just maybe, he’ll begin to understand the potential costs of taking on dedicated pro se defendants with time and resources.

#Loser

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Loser indeed. Not only did The Dread Deadbeat Pro-Se Kimberlin wind up losing all those cases and their appeals, he wound up having appeals court costs taxed to himself and getting sanctioned for frivolously including me as an appellee in one of the appeals. Oh, and he lost his RICO 3 Lolsuit that he filed agains Breitbart Holdings, Steve Bannon, and a long list of other defendants when it was dismissed sua sponte by the District Court. His LOLsuit against Mitch McConnell and Chuck Grassley was also dismissed sua sponte, and he lost all the appeals related to those case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

As I’ve noted of late, March is full on anniversaries of the failure of Brett Kimberlin’s LOLsuits. Three years ago today this post ran In Re RICO Madness.

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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.

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It’s almost as if Brett Kimberlin has his own March Madness.

Team Kimberlin Post of the Day

The Gentle Reader who has spent a bit of time here at Hogewash! has probably noticed a couple of recurring themes—support for the Second Amendment and pointage, lagughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s legal filings. Six years ago today, the TKPOTD was about a Second Amendment that I couldn’t support.

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It’s amazing. Brett Kimberlin has managed to come up with a Second Amendment that I oppose.

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TDPK’s court papers are filled with facts and the law; they’re really poorly crafted fiction.