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.

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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.

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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.

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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.

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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.

Team Kimberlin Post of the Day


One of the benefits of following The Saga of Team Kimberlin has been the friendships that I have developed with my various codefendants, some of whom I got to know before we were sued and I was simply covering the First-Amendment-related story of The Dread Deadbeat Pro-Se Kimberlin’s use of lawfare to punish people who told the truth about him. Stacy McCain is one of those friends, and the TKPOTD from four years ago today dealt with TDPK’s foolish attempts to out-crazy Stacy.

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Back in June of 2014, Judge Hazel ordered The Dread Pro-Se Kimberlin to serve copies of the Second Amended Complaint in his Kimberlin v. The Universe, et al. RICO Madness on all the defendants. He never bothered to serve Aaron Walker, Stacy McCain, Ali Akbar, the National Bloggers Club, or me during the 120 days allowed for service.

Aaron and I have been proactively engaging with TPDK and his court filings. Stacy elected to wait until he was served with the intention of responding within the 14 day window after service. TDPK never served him, so Stacy never responded.

popcorn4bkBrett Kimberlin tired to outcrazy Stacy McCain while he had him on the witness stand during the Kimberlin v. Walker, et al. trial. He failed miserably, but he didn’t learn his lesson.

He’s now seeking a default judgment against Stacy when, as Stacy so ably put it “Plaintiff hasn’t even bothered to provide a bad forgery of such alleged service.” Federal Rule of Civil Procedure 4(m) failure to serve within 120 day is grounds for mandatory dismissal. Also, TDPK was ordered by the Court to effect service. Failure to obey that order is grounds for dismissal under Rule 41(b).

All TDPK had to do was mail Stacy a copy of the SAC.

All Stacy had to do was wait.

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Going after Stacy was clearly more that Kimberlin could handle, and TDPK dropped Stacy as a defendant in Kimberlin v. National Bloggers Club, et al. (II), the state RICO Retread LOLsuit.

Team Kimberlin Post of the Day


One of the things that trips up Brett Kimberlin time and again is his inattention to details. The TKPOTD from five years ago cites one example.

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Here’re the damages that The Dread Pro-Se Kimberlin is seeking in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-DamagesThere are several things wrong with that. First, consequential damages are awarded for the failure of a party to meet a contractual obligation. I have never entered into any contract with Brett Kimberlin, and, so far as I know, neither have any of my co-defendants. Even if he could prove his case, he wouldn’t be entitled to consequential damages.

The really big screw up is in the amount of money sought. Take a close look at the decimal point in the amount claimed. It reads, “two comma zero zero zero point zero zero zero.” That’s only two thousand bucks.

#AFewBoltsShyOfAYugo

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Upon reflection, comparing Brett Kimberlin to a Yugo is unfair, and I herby apologize to Yugo.

Team Kimberlin Post of the Day


One of the reasons that Brett Kimberlin has failed at so many of his undertakings is that he suffers from delusions of grandeur adequacy. I seems to think the he’s smarter than the average bear, but his lack of forethought results in his being caught, and he tells the flimsiest lies to try to cover things up. Consider, for example, the lie debunked in the TKPOTD from five years ago today.

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This is from The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness.ECF 231-6Words have meaning. Consider the word youth.

youth n. \ˈyüth\ : the time when a young person has not yet become an adult.

Brett Kimberlin’s first felony conviction was for perjury when he was 19 years old. That might be stretched to qualify as during his youth, although a 19 year old is legally an adult. It’s not a series of crimes.

He was convicted of a series of crimes beginning in 1979 with his drug smuggling conviction. He was 25 years old, old enough to serve in the House of Representative, and clearly not a youth.

Brett Kimberlin is one of the clumsiest liars I have ever dealt with. He makes Joe Isuzu seem to be a pillar of probity.

#Loser.

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OTOH, The Dread Deadbeat Prevaricator Kimberlin isn’t the worst liar on Team Kimberlin. That title is held by Cabin Boy Bill Schmalfeldt™.

Team Kimberlin Post of the Day


It’s pretty obvious that Brett Kimberlin fancies himself as well over the the righthand side of the intelligence bell curve. For someone who thinks of himself as a smart guy, he sure makes a lot of dumb mistakes. The TKPOTD from five years ago dealt with one particularly stupid claim he made in a filing in the RICO Madness LOLsuit.

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Brett Kimberlin is a whiner. A couple of years ago, I reviewed one of his CDs and noted the naturally whiny quality of his voice. (Mrs. Hoge thinks he sounds like Eddie Haskell.) That whiny nature carries over into the writing of his various court papers. He sent a letter to Judge Hazel complaining that Aaron Walker and I had publicized his seeking permission to file a preliminary injunction against us. He also was upset that we had exposed more inconsistencies in his claims about service of process, the actual Certified Mail green cards, and postal record. Apparently, The Dread Pro-Se Kimberlin believes that he is entitled to have his vexatious Kimberlin v. The Universe, et al. RICO Madness conducted away from any public scrutiny.ECF 167-p2

Judge Hazel wasn’t buying it.ECF 168-p3ECF 168-fn2

Ear-plugsTDPK has a bit more than a month before his omnibus response to the eleven (so far) motions to dismiss is due. It will be interesting to see if he can keep his paperwork within the 50 page limit required by the judge’s order. I also look forward to seeing if The Dread Pro-Se Kimberlin’s filing is as legally off-key as The Dread Performer Kimberlin’s singing.

Stay tuned.

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The Dread Deadbeat Pro-Se Kimberlin brought his opposition to our motions to dismiss in at exactly 50 pages. It relied on lies and innuendos to spin a false narrative which didn’t support his case. As a result only one count survived against one defendant, and that was disposed of at the summary judgment phase.

It took a while, but everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


To borrow some words from a song from the ’60s,

There’s something happening here
What it is ain’t exactly clear

I was checking out the Justice Through Music Project website, and I noticed that the DONATE buttons were gone. That struck me as odd. I went over to the Protect Our Elections website, and it’s donate page was still up and functional. It also still had the claim that the donation was being made to a 501(c)(3) entity and was tax deductible. Protect Our Elections/EMPR has never been recognized as a 501(c)(3) charity by the IRS. Until recently, it was recognized as a 505(c)(4) not-for-profit, but its status was revoked for failure to file the required paperwork for over three years. In any case, (c)(4) organizations don’t pay taxes, but donations to them are not tax exempt, so they claim that donations to POE/EMPR are deductible is simply wrong.

It becoming apparent that Kimberlin is pay the same attention to his not-for-profits as he used to. It’s almost as if something else is distracting him.

Hmmmm.

BTW, when The Dread Deadbeat Pro-Se Kimberlin sued me and my codefendants in the Kimberlin v. National Bloggers Club, et all. (I) RICO Madness LOLsuit, he accused us of operating a false 505(c)(3) as a scam.

Can you say “projection”?

Team Kimberlin Post of the Day


Alinsky’s Rule 5 states that ridicule is man’s most potent weapon. It has certainly been effective in countering some of the bizarre fabrications that Brett Kimberlin has included in the LOLsuits he’s filed to try to silence truthful reporting by his critics. The TKPOTD from five years ago today took a look at one use of pointage, laughery, and mockification in one response to a filing by The Dread Deadbeat Pro-Se Kimberlin in the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin writes some of the most amazing nonsense in his various court filings. Earlier this year, he filed something he called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings” in the Kimberlin v. The Universe, et al. RICO Madness. It’s something of a favorite of mine because of its utterly unhinged nature. Here’s a sample:ECF 49-9My reply to that one paragraph ran for about two-and-a-half pages. Here are the beginning and end paragraphs of that reply:ECF 59-p6ECF 59-p9TDPK’s omnibus opposition to the eleven motions to dismiss is due five weeks from today. I’m looking forward to seeing what wacko claims and theories he will offer in that filing, but, more important, I’m looking forward to the case getting of top dead center and beginning to move again.

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And of course, Kimberlin’s case against me was dismissed in part for failure to state a claim upon which relief could be granted and in part for improper venue when the federal court refused to consider his state law claims.

Team Kimberlin Post of the Day


I’ve been a defendant in two RICO LOLsuits filed by The Dread Deadbeat Pro-Se Kimberlin. The TKPOTD for three years ago today, dealt with his first RICO suit which was filed almost three decades before he sued me.

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The two RICO LOLsuits that The Dread Pro-Se Kimberlin has filed against me were not his first venture into RICO madness. This is from the section in Mark Singer’s book Citizen K about TDPK in-prison business selling porn.

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). According to the complaint, instead of thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Cohabitation. When Kimberlin wrote a letter demanding the material he had originally ordered, the defendant had the temerity to offer instead “sexual aids,” including, Kimberlin noted, “a live-size inflatable doll, dildos, and a vibrating plastic vagina.”

Though Kimberlin felt conflicted because “I could have made a fortune on that stuff inside prison if it wasn’t contraband,” mainly he felt compelled to sue. He asked for compensatory and punitive damages totaling $150,000. After “a fucking 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. “So I just blew if off.”

—p. 203

So far, it looks like he’ll be three for three.

* * * * *

TDPK actually went four for four.

Most of the Kimberlin v. The Universe, et al. RICO Madness LOLsuit had been dismissed for failure to state a claim when that TKPOTD was written. The remaining count became the Kimberlin v. Frey RICO Remnant LOLsuit. Kimberlin lost that case at summary judgment, and he lost all the related appeals.

The Kimberlin v. Team Themis RICO 2: Electric Boogaloo LOLsuit was still pending three years ago. Kimberlin lost that and the related appeal as well.

A year and a day after the post was published, TDPK filed another RICO suit, Kimberlin v. Breitbart Holdings, et al. That suit was dismissed because his complaint violated the court’s protection order in the Frey case. Kimberlin appealed and lost that appeal also.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin claimed in his LOLsuits that he was the victim of false narratives spun to defame him. However, it turns out that the lies being told in the various court papers and testimony were all coming from him. The TKPOTD from five years ago today deals with one rather stupid falsehood Brett Kimberlin included in a court filing.

* * * * *

The Dread Pro-Se Kimberlin makes mind-bogglingly false assertions in his various court filings. Consider this from his opposition to my motion to dismiss his first amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 29-2The Smith case he mentions is a case from the U. S. District Court for the District of Maryland which interprets the Maryland one year statute of limitations on defamation as also applying to false light invasion of privacy. It’s the controlling legal authority in the court handling the RICO Madness. TDPK states that Maryland’s highest court, that would be the Court of Appeals, has ruled otherwise. If that were the case, that would settle the law because defamation is a matter of state rather than federal law.

However, …

The Allen v. Bethlehem Steele case TDPK cites never went to the Court of Appeals. It is a Court of Special Appeals case, and that court is an intermediate appeals court. It’s decisions on matters of law are not binding on any federal court. The Court of Appeals has never ruled on the statute of limitations for false light, so the federal court’s precedent controls. Furthermore, there is no such case citation as 314 Md. 458 (1988). The proper citation for Allen is 76 Md. App. 642 (1988).

Oops.

popcorn4bkThere has been a certain sense of TDPK sorta/kinda making it up as he goes along. It will be interesting to see what kind of bizarre legal theories he will put in his omnibus opposition to the motions to dismiss his second amended complaint.

Stay tuned.

* * * * *

Lying liars gotta lie.

Team Kimberlin Post of the Day


Brett Kimberlin filed his Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in October, 2013 with multiple counts against over 20 defendants. All but one count against one defendant were dismissed in March, 2015. The Dread Deadbeat Pro-Se Kimberlin tried to appeal the dismissal to the Fourth Circuit Court of Appeals, but his appeal was rejected because part of the case was still pending in the District Court. He then tried to get the District Court to issue a final judgment on the dismissed portion of the case so that he could appeal the dismissal. Although we expected to win any such appeal, we defendants weren’t in any hurry to put our victory at risk. This post, In Re RICO Remnant, ran five years ago today.

* * * * *

The Dread Pro-Se Kimberlin has filed a motion seeking to have the dismissal of his RICO and Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit declared final. That would allow him to file an appeal with the Fourth Circuit Court of Appeals without having to wait for the disposition of his remaining claim in the case, which is now the Kimberlin v. Frey, RICO Remnant LOLsuit.

Aaron Walker isn’t in such a hurry.

* * * * *

It took another couple of years for the RICO Remnant case to wind down in the District Court. Of course, TDPK lost; the court granted summary judgment in Frey’s favor. By that time, Kimberlin has been beaten enough times that he didn’t bother to appeal the initial dismissal. He only appealed the summary judgment, and he lost that appeal.

As TDPK’s lawfare campaign was getting started almost a decade ago, Kimberlin threatened to sue Frey, saying that he’d filed over a hundred lawsuits and that one more would be no sweat. It may be that the sweat resulting from the multiple losses may have become too uncomfortable for Kimberlin, He hasn’t filed any LOLsuits for a while.

Team Kimberlin Post of the Day


Then Gentle Reader who has followed this blog for a while has surely noticed that one of the themes of these TKPOTD posts it the incompetence displayed by Team Kimberlin in their various pro se LOLsuits. The TKPOTD that ran five years ago today dealt with the multiple errors in just one paragraph of The Dread Deadbeat Pro-Se Kimberlin’s Second Amended Complaint in the first RICO LOLsuit he filed against me.

* * * * *

Let’s do a bit of fisking of a paragraph from The Dread Pro-Se Kimberlin’s second amended complaint in Kimberlin v. The Universe, et al. RICO Madness. Paragraph 265 begins

Defendants, intentionally and willfully engaged in a concertedcampaign of online defamation, false light, …

TDPK’s going to have a lot of trouble with those allegations given his catastrophic loss on his claims of defamation and false light in the Kimberlin v. Walker, et al. nuisance lawsuit. Collateral estoppel.

false narratives, …

He keeps using that phrase. I do not think it means what he thinks it means.

battery, …

Speaking of false narratives, TDPK’s claim that Aaron Walker assaulted him was thrown out by the District Court and Circuit Court in Montgomery County over two years ago. More collateral estoppel.

intimidation, threats, …

While Hogewash! has certainly never published a threat directed at TDPK, it is possible that he has been intimidated by some of the truthful reports of his activities published here.

fraud, …

It would be interesting to see TDPK explain how anything published here defrauded him.

the filing of groundless civil suits and criminal charges, …

TDPK’s identical claims in the state suit were thrown out before trial. Still more collateral estoppel.

cyber bullying …

He haz sad. Bloggers wrote truthful things about him.

and acting unlawfully, …

I think this is where the mopery with intent to lurk comes in.

in order to cause damage to Plaintiff in his lawful businesses, both as an employee of Justice Trough Music …

If JTMP has a beef against me, it should hire a lawyer and sue me. TDPK doesn’t have standing to sue on its behalf.

and as a musician.

He keeps using that word. I do not think it means what he thinks it means.
res_judicata_tshirtIf TDPK’s vexatious suit does survives the motions to dismiss, imagine what it will be like when my fellow defendants and I conduct discovery and depose TDPK on such matters.

Stay tuned.

* * * * *

Nothing proceeded as TDPK hallucinated.

Team Kimberlin Post of the Day


Five years ago, The Saga of Team Kimberlin had taken a decisive turn away from The Dread Deadbeat Pro-Se Kimberlin’s version of the narrative after his loss in the Kimberlin v. Walker, et al. trial. That was the first of many LOLsuit he would lose over the next couple of years. The TKPOTD from five years ago today dealt with TDPK’s futile attempt to get a preliminary injunction against several of my codefendants and me in the RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin is so disturbed and so desperately injured by the terrible things that Aaron Walker, Stacy McCain, Ali Akbar, Lynn Thomas, and I are publishing about him that he has gone on vacation to Hawaii when his motion for a preliminary injunction against us in the Kimberlin v. The Universe, et al. RICO Madness is due to Judge Hazel on the 28th.

The judge has imposed some specific limits on what TDPK can file.

First, Plaintiff’s motion must be limited to the specific defendants identified in his request i.e., defendants Walker, Hoge, McCain, Thomas, and Akbar. …

 

Second, Plaintiff’s motion must be limited to specific conduct that has occurred since the filing of his SAC on June 24, 2014 and must describe with sufficient detail the exact harm caused by each specific defendant and the irreparable harm sought to be prevented by way of immediate injunctive relief.

 

Third, Plaintiff’s motion and accompanying memorandum may not exceed fifteen (15) pages, double spaced. See ECF No. 97 at 3. Plaintiff must file his motion by August 28, 2014. …

 

Fourth, Plaintiff’s motion must strictly comply with the requirements of Fed. R. Civ. P. 11, including the requirements for signatures and other identifying information contained in Rule 11(a), as well as the requirements of 11(b). Failure to comply with Rule 11(b) could result in sanctions issued by the Court sua sponte. See Fed. R. Civ. P. 11(c)(3).

Perhaps, TDPK has figured out that he can’t come up with anything that can be filed within those limitations. We’ll see. Meanwhile, Judge Hazel noted when TDPK asked for more time to file his motion that

[a] preliminary injunction is either needed or it is not. If a preliminary injunction is needed, as Plaintiff contends …, it ought to be pursued with the degree of diligence and urgency for which it was intended to serve i.e. the prevention of irreparable harm. Because Plaintiff’s proposed “wait-and-see” approach is antithetical to that purpose, the Court DENIES Plaintiff’s Request. Plaintiff must file his Motion for Preliminary Injunction no later than August 28, 2014 and in strict accordance with the requirements set forth in the Court’s July 28, 2014 Letter Order, or notify the Court that he is withdrawing his request for leave to file the motion.

Stay tuned.

* * * * *

I suppose that Kimberlin would have found a way to file his motion for a preliminary injunction if he had wanted it badly enough. I didn’t think he would file, and everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


This TKPOTD first ran five years ago today.

* * * * *

I have been aware of the transaction receipt shown below since 1 February, 2014.
BK EDVA ECF 1-2The receipt will likely be entered into evidence in a coming court proceeding. Because I may be called as a witness, I have been asked by the counsel for one of the parties not to discuss publicly the facts I am aware of relating to the receipt until after that court proceeding.

* * * * *

Here’s the entire court filing containing that receipt.

The receipt appears to show that The Dread Deadbeat Pro-Se Kimberlin used funds from Justice Through Music Project to pay for an expense related solely to his personal lawsuit.

Team Kimberlin Post of the Day


Team Kimberlin’s false narratives often are attempts to project their motives and actions on to their perceived enemies. The TKPOTD for five years ago deals with one example.

* * * * *

This is one of the key allegations that The Dread Pro-Se Kimberlin makes in his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-145That’s not true.

In fact, Ali Akbar did file the appropriate paperwork with the IRS concerning National Bloggers Club and it’s 501(c)(3) status, and he has received the confirmation letter from the IRS. National Bloggers Club is a recognized 501(c)(3) entity.

TDPK’s crude attempt to smear Ali has run aground on the truth.

#Pwned

* * * * *

One significant difference between Brett Kimberlin and those of us who have been truthfully reporting about his activities is that he always makes his allegations in protected fora such as court filings. We, OTHOH, publish in the clear where we can be held accountable.

Oh, and speaking of projection and 501(c)(3) status, the Protect Our Elections website operated by Kimberlin’s Protect Our Elections/EMPR Inc. not-for-profit still falsely claims that the entity has 501(c)(3) status and that donations to it are tax deductible. The IRS lists the organization as having 501(c)(4) status. IANAL, but it appears that donations to POE/EMPR should only be deductible as business expenses rather than charitable donations.

The Gentle Reader may make up his own mind as to whether POE/EMPR’s claims constitute fraud.

Team Kimberlin Post of the Day


I believe I’ve mentioned in the past that Brett Kimberlin is a liar. In fact, as a check my notes, I see that I brought that up in the TKPOTD for five years ago today.

* * * * *

Here’s a real gem from a pleading The Dread Pro-Se Kimberlin filed in the Kimberlin v. The Universe, et al. RICO Madness called “Plaintiff’s Response to Defendant Hoge’s Two Latest Filings.”ECF 49-1Well, duh! Given that one of the recurring features of this blog is called Team Kimberlin Post of the Day, nay a day does go by that I don’t write something about the malfeasance of Brett Kimberlin or one of his associates. The problem with TDPK’s allegation is that I accuse him of things that he as actually done.

For example, he’s a perjurer. He was convicted of that crime when he was a teenager, and his recent lies are well documented. He testified during the damages hearing in his lawsuit against Seth Allen that he had never had his parole revoked. He’s a forger. He’s admitted to forging the summons sent to Twitchy in the RICO Madness. He’s admitted to altering at least one Certified Mail green card related to service of process in the state Kimberlin v. Walker, et al. nuisance suit. There’s documentary evidence that he’s altered several more.

He’s a liar. And not a very good or very smart one.

* * * * *

The mockery continues.

Team Kimberlin Post of the Day


I sometimes wonder why Brett Kimberlin tells such flimsy lies in support of his lawfare’s false narratives. Perhaps he thinks that everyone pays as little attention to the facts as he does. Whatever. The TKPOTD from five years ago deals with one of the sillier claims from his RICO Madness LOLsuit.

* * * * *

In his opposition to my motion to dismiss in the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin wrote the following:ECF 29-16I suppose by “non-profit that works with famous bands and artists” TDPK means “Justice Through Music Project.” If he does, he is misleading the court.

I recently took a look at the Justice Through Music Project website (No, I won’t link to it.) and worked my way back through over a year’s worth of its blog posts. There were lots of stories about “famous bands and artists,” but there was nothing about any of them working with or having anything to do with JTMP.

Nothing. Nada. Zilch. Bupkis.

#Wannabe

* * * * *

Yesterday evening, I took a look at the jtmp dot org website. It’s beginning to look as if he’s given up trying to make a go of that operation. The most recent post is over three months old, and it’s not original content. It’s a article ripped off from westward dot com about a young performer from Denver named Lolita.

Lolita.

Vladimir Nabokov was unavailable for comment.

Team Kimberlin Post of the Day


One of the silliest claims that The Dread Deadbeat Pro-Se Kimberlin made in this LOLsuits was that he had lost work as a State Department contractor because of a RICO conspiracy. The TKPOTD from five years ago today took a look at that claim.

* * * * *

The Dread Pro-Se Kimberlin claims that it was nefarious actions by his imagined RICO conspiracy that cost Justice Through Music Project its contracts with the State Department. No, really. It’s right here in his proposed second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-152Believe it or not, this isn’t TDPK’s first attempt to get involved in Middle Eastern diplomacy. He had a go at it back when he was in prison. Yvonne Abraham reported the following at the Boston Phoenix back in 1996 in an article about Mark Singer’s book Citizen K:

And Kimberlin soon began undermining his own credibility. The more Singer got to know him, the stranger the prisoner became. Believing himself exceptionally talented, Kimberlin was certain he’d become an international recording star, and he thought he might just ask Sting or Paul McCartney to co-write some songs with him. He’d also tried to intervene in the Iraq crisis of 1990, in the hopes of averting the Gulf War, thereby making a hero of himself. “The plan was for Hussein to release these hostages — the human shield — to my mother,” he told Singer. Naturally, his own subsequent release would have been a given had the Iraqi ambassador to the United States acted upon the letters Kimberlin had his mother hand-deliver.

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

* * * * *

When I filed a Freedom of Information Act request for information relating to any contracts let to Justice Through Music Project, Velvet Revolution US, or Brett Kimberlin, the State Department responded that they had no record of any such contracts.

I’m not sure who to disbelieve.
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