Team Kimberlin Post of the Day

The Dread Deadbeat Pro-Se Kimberlin’s lawfare has foundered on the rocks of a group of defendants willing to vigorously defend our First Amendment rights. As the TKPOTD from three years ago today shows, we haven’t pulled in punches while defending ourselves.

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Here are some words that bear repeating. They’re from replies filed by some of my codefendants in The Dread Pro-Se Kimberlin’s RICO Madness, Kimberlin v. The Universe, et al.

First, from Ron Coleman, representing Patterico, Mandy Nagy, and Ace of Spades blog:

Brett Kimberlin may have changed his terroristic tactics from the random acts of bombing for which he was convicted, to targeted acts of ruthless “lawfare” – but his new tactics are still corrosive to fundamental values of free speech and commentary. If plaintiff disagrees with defendants’ speech, his remedy is more speech, not saddling his critics with frivolous litigation brought to silence voices on the Internet that may talk about his past. While Brett Kimberlin has not set off any bombs against these defendants, he does seek to use the United States District Court as a weapon against these defendants and to punish them for telling the truth about his violent and dishonest criminal history.

Next, from Michael Smith, representing Michelle Malkin and Twitchy:

This country long has recognized that the remedy for speech with which one disagrees “is more speech, not enforced silence.” Whitney v. California, 274 U.S. 357, 377, 47 S. Ct. 641, 71 L. Ed. 2d 1095 (1927) (Brandeis, J., concurring). Mr. Kimberlin is trying to impose silence on speakers with whom he disagrees, and while his chosen tactic obviously differs from that of the terrorist who shoots up a satirical newspaper, the chilling effect on speech if he is allowed to continue would be largely the same.

During the preliminary matters during the Kimberlin v. Walker, et al. nuisance lawsuit tried in state court last August, Judge Johnson asked TDPK the following question:

Is there any other ticking time bomb — well, that’s a wrong metaphor. Are there any issues laying out there that are going to come up that you can envision?

Maybe that was the right metaphor after all.

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Most of my codefendants and I never limited ourselves to punching back only twice as hard, and TDPK has lost every LOLsuit he’s filed against us.

Team Kimberlin Post of the Day

Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year

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The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

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2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day

One of the things that The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt have whined about is that the defendants in their LOLsuits are engaged in vexation litigation by defending ourselves. I suppose we’ve vexed them by winning. The TKPOTD from four years ago today deals with TDPK’s losing record.

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RICOMadnessOne of The Dread Pro-Se Kimberlin’s lawfare tactics is to try to paint any opponent as engaging in shady behavior that’s more properly characteristic of Kimberlin’s own actions. Here’s a line from a post over at Breitbart Unmasked (No, I won’t link to it.)—

“A vexatious litigant” am I? Vexatious litigation is usually understood to be legal action initiated maliciously and without probable cause by an individual who is not acting in good faith for the purpose of annoying or embarrassing an opponent. Litigation winds up being classified as vexatious when an attorney or a pro se litigant repeatedly files groundless lawsuits and repeatedly loses.

The Dread Pro-Se Kimberlin brags about having filed “over a hundred lawsuits.” What’s his record of winning?

He lost Kimberlin v. Crest Paragon Productions, his first RICO suit.
He lost the Kimberlin v. Walker I peace order.
He lost the Kimberlin v. Walker II peace order.
He lost the Kimberlin v. Norton peace order.
He lost the Kimberlin v. Elliott peace order.
He lost the B. Kimberlin v. T. Kimberlin protective order.
He lost Kimberlin v. DeLong, his appeal of the DeLong judgment.
He lost Kimberlin v. Department of Justice, et al., a suit seeking to keep Mrs. DeLong from collecting what he owed.
He lost Kimberlin v. Dewalt, his appeal of his parole revocation.
He lost Kimberlin v. Brewer, another parole related case.
He lost Kimberlin v. Department of Justice, his suit to be able to have an electric guitar in prison.

I could go on and on.

With all that in mind, the Gentle Reader should not be surprised to learn that more than one of the defendants in the Kimberlin v. The Universe, et al. RICO case are seeking to have the court find that Brett Kimberlin is a vexatious litigant.

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Four years later, TDPK’s record is even worse. He’s lost all of these LOLsuits too:

Kimberlin v. Walker, et al.
Kimberlin v. National Bloggers Club, et al. (I)
Kimberlin v. Hoge peace order
Kimberlin v. Hunton & Williams LLP, et al. (I)
Kimberlin v. Home Depot
Kimberlin v. National Bloggers Club, et al. (II)
Kimberlin v. McConnell, et al.
Kimberlin v. Hunton & Williams LLP, et al. (II)

Additionally, it appears that the Kimberlin v. Breitbart Holdings, et al. LOLsuit is about to be thrown out as well, and the Cabin Boy™ has lost (or is in the process of losing) all 8 of his LOLsuits. I’ve personally been a defendant if ten of their LOLsuits, peace orders, or counterclaims, and I’ve beaten them every time.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

In all his LOLsuits The Dread Deadbeat Pro-Se Kimberlin complained that he was the victim of false narratives which defamed him. However, the only lies connected with his LOLsuits were the one’s he told. This Prevarication Du Jour from four years ago today lays out an example

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Here’s a good one from The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness:BKvNBC181

“… appear odious, infamous, and/or frightening.” Words have meaning.

odi·ous adjective \ˈō-dē-əs\ : extremely unpleasant; repulsive.

in·fa·mous adjective \ˈin-fə-məs\ : well known for being bad.

fright·en verb \ˈfrī-tən\ : to cause (someone) to become afraid.
fright·ened | fright·en·ing

At no point in either of his 50-page complaints does TDPK actually allege a specific, provably false statement by a particular defendant that might normally be defamatory. But let’s pretend that he did.

So what?

Consider the behavior ascribed to Brett Kimberlin with respect to a middle-school-aged girl as portrayed in his authorized biography Citizen K. Is finding such behavior repulsive an abnormal reaction?

Consider skulking about planting time bombs and destroying a man’s life as Brett Kimberlin was convicted of doing. Might not being convicted of such crimes lead to infamy? For that matter, couldn’t lying about being a Vice-President’s former dope dealer (as the author of Citizen K concluded Kimberlin did) result in infamy?

I don’t frighten very easily, but I can understand how someone would be afraid of a notorious liar who is a convicted violent felon.

Given all that, it’s my opinion that Brett Kimberlin was odious, infamous, and frightening before I ever wrote one word about him. Simply put, his reputation is so bad that it is impossible to make it worse. I believe he is defamation proof.

He’s been trying use what Glenn Reynolds has called “brass knuckles reputation management” via lawfare to try to keep the lid on, and he has succeeded in frightening some folks away from discussing his odious infamy. The current state and federal lawsuits are what some of us hope are his last-ditch attempt.

You can help my codefendant’s and me in the state suit fight TDPK’s lawfare. Go to Bomber Sues Bloggers to find out how. [That link is now dead. Thank you to everyone who donated to help with our defense.-wjjhoge]

UPDATE—Aaron Walker, my codefendant in both lawsuits, has this to say about TDPK’s reputation.

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It turned out that one of the courts in which TDPK sued me agreed that Kimberlin’s reputation was so bad that he is defamation proof. Judge Mason ruled that to be the case when he adopted legal grounds set forth in the Malkin/Twitchy motion to dismiss in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit when he granted their motion, and he affirmed that ruling when granting Aaron Walker’s motion to dismiss in the same LOLsuit.

I don’t know how TDPK feels about his campaign of brass knuckles reputation management via lawfare—but everything has proceeded as I have foreseen.

Team Kimberlin Post of the Day

Now that yet another move has been completed, Breitbart Unmasked Bunny Billy Boy Brett Unread has resumed posting wasting bandwidth, and “Staff Writer” has begun using the nom de cyber of “Langston Hews.” (I’ll bet that Hews’ hues are not the same as Hughes’.) BU still seems to be avoiding any further coverage of the pervalanche, especially as it as affected underage girls.

And that reminds me of the TKPOD from four years ago today.

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RICOMadnessIt seems that Neal Rauhauser has been trolling for a pro bono lawyer for a friend.@nealrauhauser201312142117Z
IANAL, but the ones I’ve talked to say that anyone with a righteous libel claim against a defendant with deep pockets should have no trouble finding a lawyer willing to represent him on a fee-contingent basis. Pro bono representation is generally provided to defendants rather than plaintiffs. Of course, those observations come from many of the same lawyers who told me that the reason they suspect that The Dread Pro-Se Kimberlin is pro se is that he can’t find a lawyer willing to risk his law license by signing court papers making the unfounded allegations Kimberlin is bringing.

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Of course, The Dread Deadbeat Pro-Se Kimberlin failed to offer a “scintilla” of evidence that he had been defamed in his Kimberlin v. Walker, et al. LOLsuit, and all the other suits he’s brought against me have been dismissed for failure to state a claim upon which relief can be granted.

All of his other LOLsuits he’s filed during the past four years have been dismissed as well—with the exception of the Brietbart Holdings, et al. case which, as can be seen in yesterday’s TKPOTD,  appears to be headed for it’s own speeding end.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

The Team Kimberlin lawfare is slowly grinding to a halt. Yesterday, I posted the news of The Dread Deadbeat Pro-Se Kimberlin’s voluntary dismissal of his appeal of the RICO 2 Retread LOLsuit. While pro se litigation can be done on the cheap in a trial court. Appeals are expensive, especially in state courts that require submission of 15 bound copies of each brief and 10 bound copies of record extracts. That can add up to thousands of pages. Perhaps TDPK is finally getting the message that his return on his costly investment in his lawfare has been negative. The TKPOTD from four years ago today dealt with the question of how long it would take Kimberlin for figure out how badly he was screwing up.

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RICOMadnessThe Dread Pro-Se Kimberlin is no stranger to filing—and losing—RICO lawsuits. While he was still in prison, he ran a business selling porn to other jailbirds. When he lost his original connection for the porn, he turned to a new source, but was unsatisfied with what was provided. On page 213 of Mark Singer’s Citizen K we find:

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). … He asked for compensatory and punitive damages totaling $150,000. After “a [redacted] Reagan appointee” dismissed the suit on procedural grounds, Brett appealed to the Seventh Circuit but was told he’d have to pay an additional filing fee. “I decided at that point I’d spent enough on this,” he said.

One wonders when he will come to the same realization in his current Rico Madness.

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Kimberlin still has two cases that aren’t dead, Yet. One his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit in the Fourth Circuit Court of Appeals. It’s the remains of the RICO Madness case. The other is Kimberlin v. Breitbart Holdings, et al. which he filed in federal court at the end of October, 2016. Judge Hazel has issued a show cause order to Kimberlin requiring him to explain why the Breitbart case should not be dismissed because the complaint Kimberlin filed violates a protective order issued in the Frey suit.

Here’s TDPK’s response.

OK. Time to order more popcorn.

Team Kimberlin Post of the Day

Whenever the facts are not in his favor, The Dread Deadbeat Pro-Se Kimberlin starts whining about being victimized by false narratives as he spins his own bogus tales. The TKPOTD from three years ago today gives an example.

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One of the problems that The Dread Pro-Se Kimberlin should be considering in the drafting of his omnibus opposition to the stack of motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness is Federal Rule of Civil Procedure 11(b)(3) which requires that

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

For example, consider this from paragraph 249 of his second amended complaint.

ECF 135-249There is not only no evidence to support that contention, the evidence refutes it. With only one exception, I have never been in the same place as Brett Kimberlin other than in a courthouse (or its near environs such surrounding sidewalks or parking lots) for an open hearing where I was either a party or covering the open hearing for this blog. Obviously, when I was a party at a hearing, I had every right to be present. Similarly—as the judge told TDPK when he tried to have me thrown out of a courtroom during a hearing—members of the public have the right to attend open court hearings, and I have a First Amendment right to cover open hearings as a blogger. There’s no stalking there.

The exception occurred at the Carroll County Senior Center on 27 January, 2014, during the mediation session between Bill Schmalfeldt and me concerning the disposition of peace order violation charges against Schmalfeldt. Kimberlin was in the building. He had driven Schmalfeldt to the meeting. Of course, he had the right to give Schmalfeldt a ride, but the meeting was not open. He had no right to be hanging around the Senior Center during the meeting.

TDPK has provided transportation for Schmalfeldt for hearings in District Court in Howard County and District and Circuit Courts in Carroll County. He attended those hearings. He also attended a Hoge v. Schmalfeldt hearing in U. S. District Court in Baltimore. If the theory of hearing attendance that he wishes to apply to me is valid, then he has been stalking me. Fortunately for TDPK, that bit advice he’s had from Acme is wrong.

popcorn4bkOn the one hand, I suspect it will be somewhat exasperating to have to deal with yet another bogus court filing from TDPK. On the other, I do have a certain curiosity to see what sort of nonsense he throws out. He has until close of business next Monday to get his opposition to the court.

Tick, tock.

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TDPK did file his omnibus opposition to our motions to dismiss. Judge Hazel evaluated it along with our motions and replies and wrote an order dismissing the LOLsuit. That order used one form or another of the word fail over thirty times in describing Kimberlin’s complaint and opposition to our motion.

Everything proceeded as I had foreseen.