Team Kimberlin Post of the Day


Yesterday, was Friday the 13th, and the anniversary of Friday, 13 March, 2015, the day that The Dread Deadbeat Pro-Se Kimberlin’s bogus peace order petition against me was denied. Tuesday, 13 March, 2018, was not a good day for Kimberlin either. On that day, his RICO 3 LOLsuit, Kimberlin v. Breitbart Holdings, et al., was dismissed because it violated the protective order in the Kimberlin v. Frey, RICO Remenant LOLsuit. I reported that loss two years ago in a post titled Qalpa’—Again!.

* * * * *

Judge Hazel has dismissed Kimberlin v. Breitbart Holdings, et al. The dismissal is with prejudice.

The final footnote summarizes the case quite nicely:

The Court considered dismissing the case without prejudice and permitting Kimberlin to attempt to amend the Complaint in a manner that would not violate the Protective Order. But having reviewed the Complaint, the Court finds that it is so clearly derived, in sum and substance, from the Frey case and discovery provided therein that any effort to amend would be futile.

Did I mention that everything is proceeding as I have foreseen?

* * * * *

That post was titled Qapla”—Again! because earlier that day I had put another post titled Qapla’ reporting that the Fourth Circuit had affirmed Patrick Frey’s win in the Kimberlin v. Frey LOLsuit.

* * * * *

Congratulations to Patrick Frey and his lawyers, Ron Coleman and Bruce Godfrey: The Fourth Circuit Court of Appeals has affirmed the judgment of the District Court in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal.

Brett Kimberlin has maintained his perfect record of losing all cases he has brought before the Fourth Circuit.

Everything is proceeding as I have foreseen.

* * * * *

And with the recent decisions in the District Court in Indianapolis, Kimberlin is maintain his perfect batting average of 0.000.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD looked back that first of many posts titled Qapla’. That first post dealt with The Dread Deadbeat Pro-Se Kimberlin’s futile attempt to get a peace order against me. A year ago today, we had a twofer: Qapla’ and Qapla’—Again!.

* * * * *

Congratulations to Patrick Frey and his lawyers, Ron Coleman and Bruce Godfrey: The Fourth Circuit Court of Appeals has affirmed the judgment of the District Court in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal.

Brett Kimberlin has maintained his perfect record of losing all cases he has brought before the Fourth Circuit.

Everything is proceeding as I have foreseen.

* * * * *

Judge Hazel has dismissed Kimberlin v. Breitbart Holdings, et al. The dismissal is with prejudice.

The final footnote summarizes the case quite nicely:

The Court considered dismissing the case without prejudice and permitting Kimberlin to attempt to amend the Complaint in a manner that would not violate the Protective Order. But having reviewed the Complaint, the Court finds that it is so clearly derived, in sum and substance, from the Frey case and discovery provided therein that any effort to amend would be futile.

Did I mention that everything is proceeding as I have foreseen?

* * * * *

Qapla’ indeed.

Team Kimberlin Post of the Day


Two years ago, The Dread Deadbeat Pro-Se Kimberlin had a terrible, horrible, no good, very bad day at the Fourth Circuit Court of Appeals. I reported his difficulties with three posts: Brett Kimberlin Fails Again, Strike Two!, and Strike Three!.

* * * * *

The Fourth Circuit Court of Appeals has denied The Dread Pro-Se Kimberlin’s petition for a writ of mandamus in the Kimberlin v. Frey RICO Remnant LOLsuit. TDPK was seeking to have the Fourth Circuit order Judge Hazel to allow Kimberlin to use confidential discovery material from the Frey case in other LOLsuits.

Everything is proceeding as I have foreseen.

* * * * *

The Dread Pro-Se Kimberlin is not having a good day at the Fourth Circuit Court of Appeals. That court has upheld Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell, et al. LOLsuit. That’s the suit TDPK filed seeking to have the judiciary intervene in the Senate’s handling of the Merrick Garland nomination to the Supreme Court.

Everything is proceeding as I have foreseen.

* * * * *

And the Fourth Circuit has affirmed Judge Hazel’s dismissal of the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit.

I love it when a plan comes together.

* * * * *

Heh.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD recycled some pointage, laughery, and mockiification aimed at The Dread Deadbeat Pro-Se Kimberlin’s opening brief for his losing appeal of the Kimberlin v. Frey RICO Remnant LOLsuit. Today, we’ll continue in that vein by recycling the next TKPOTD in that series from a year ago.

* * * * *

Here’s another round of pointage, laughery, and mockification for The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

TDPK makes the silly assertion that he has a First Amendment right to file his motion for summary judgment and the accompanying exhibits in the District Court publicly even though it contained sealed material. He writes—

Appellant had a right under the First Amendment to file his Motion for Summary Judgment publicly. However, the lower court ordered the parties to file them [sic] under seal and maintained that seal even after its decision was rendered. This constituted a grave constitutional error that prejudiced Appellant by having his case litigated in secret, away from scrutiny by the press and the public.

Also—

The First Amendment provides an affirmative right of public access to virtually all judicial proceedings involved in civil proceedings.

(And also proceedings proceeding in the Department of Redundancy Department.)

The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Local Rules of the Court of Appeals for the Fourth Circuit all provide for the use of sealed materials in a civil court proceeding. In fact, some things, such as the full names of minor children must be sealed. Patrick Frey’s lawyers were able to convince Judge Hazel to issue a protective order sealing discovery in the case, and TDPK is bound by that sealing order.

The First Amendment right of access to the court records resides with the public, you folks who are not parties or otherwise connected to the case. (I’m covered by the protective order because Kimberlin tried to get me sanctioned during discover for failing to give him documents I did not have. Because I was served with sealed documents that I did not provide as part of TDPK’s motion against me, I am now covered by the protective order.)

If Breitbart Unmasked wants access to the sealed portion of the record, that “news” organization can hire a lawyer and file a motion to unseal. If an enterprising “journalist” like Matt Osborne wants a peek, he can file a motion; as an individual, he file pro se and avoid the cost of a lawyer (but he will have to publicly provide the court with his contact information).

And that brings us to one of Brett Kimberlin’s principal problems with this case and his other lawfare: essentially no one, not even the leftwing moonbat media, believes him. The only members of the “press” or the “public” who would want to violate the privacy of Patrick Frey and third parties mentioned in the sealed discovery are members of Team Kimberlin, and they’re either too poor to afford a lawyer, too incompetent to file a proper pro se motion, or too afraid to let their whereabouts be known.

Failing failures gotta fail.

* * * * *

TDPK wanted to use some of the sealed discovery from Frey as part of his defense in the Hoge v. Kimberlin, et al. lawsuit, but he chickened out when Judge Hecker said that he wouldn’t stop Kimberlin, but that there could be consequences if Judge Hazel found out and decided to enforce his protective order.

I can’t describe what was in those emails because I’m still bound by the protective order, but I can say that I believe that they wouldn’t have helped Kimberlin’s case because they didn’t relate to any of the claims before the court. Kimberlin was just looking for a cheap way to breach the seal. Apparently, the cost was too great.

Team Kimberlin Post of the Day


Just before The Dread Deadbeat Pro-Se Kimberlin sued Patrick Frey (who blogs as Patterico) as part of TDPK’s campaign of lawfare against people and organizations who published truthful information about him, Kimberlin warned Patterico that

I have filed over a hundred lawsuits and another one will be no sweat for me.

TDPK may have filed a lot of LOLsuits, but he’s lost the vast majority of them, because he’s had incompetent legal representation. It’s not that he’s had a bad run of lawyers. He’s represented himself, I suspect because no lawyer would touch any of his cases. The TKPOTD from a year ago today makes fun of a bit of incompetence in one his filings of TDPK’s appeal of the Frey v. Kimberlin RICO Remnant LOLsuit.

* * * * *

Here’s some more pointage, laughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

Let’s fisk his penultimate paragraph—

This case is important, not only because it involves allegations about a corrupt prosecutor who uses the power of his office to target his enemies, but also because Frey is a member of the “alt-right” and confidant of Andrew Breitbart and Steve Bannon, the latter who served in the Trump White House before being recently ousted fro his extremist conduct.

OK, a case about a corrupt prosecutor could be important. However, Judge Hazel examined the uncontested evidence (as opposed to TDPK’s spin on the meaning of that evidence) and found that Patrick Frey acted within his rights as a crime victim when he sought to have Kimberlin investigated in connection with that crime. It isn’t corrupt for a crime victim to complain to the authorities, even if he’s one of the authorities himself.

However, TDPK does nothing to demonstrate that Patterico is a member of the “alt-right” or why that would have any significance in the case. Similarly, Kimberlin has never shown that any connection between Andrew Breitbart and/or Steve Bannon on the one hand and Patrick Frey on the other increases the “importance” of his LOLsuit.

The exhibits attached to the summary judgment motions filed in the lower court, which include dozens of Breitbart emails to and from Frey, provide a very important template of how the alt-right smears people with false narratives that they amplify through their networks. It is important for the public to know that Breitbart even employs law enforcement officials such as Frey who will use the power of their office to destroy its enemies.

What’s truly important about the past five or so years of lawfare is not any imaginary alt-right smearing of Brett Kimberlin. In fact, as far as I know, neither Patrick Frey nor any other of my codefendants in the various TDPK’s LOLsuits (nor I) are aligned with the so-called alt-right. Moreover, I’d be wiling to bet folding money that, to the extent any members of the alt-right are aware of Brett Kimberlin, they regarded him as a failed leftwing scam artist.

Setting aside the lack of agreement between the pronouns and antecedent nouns in the last sentence, its underlying message seems to be a cri du coeur of frustration that Kimberlin’s use of false narratives has failed to smear his enemies. (I’ve been the victim of four such attempts, two sets of false criminal charges and a bogus peace order petition.) Kimberlin has tried to project his template on to us, but Patrick Frey, my other codefendants, and I have been successful in defending ourselves by simply telling the truth.

In the end, the Kimberlin v. Frey case is important, but not for the reasons TDPK suggests. It’s important because shutting down Kimberlin’s use of lawfare to unconstitutionally muzzle people who talk about him reinforces the protection of everyone’s First Amendment rights.

* * * * *

Of course, TDPK lost that appeal, and he hasn’t been putting much more effort into lawfare since that loss. But that may not mean that his legal hassles are over.

Team Kimberlin Post of the Day


T. S. Eliot starts off The Wasteland with these words: “April is the cruelest month …” In The Dread Deadbeat Pro-Se Kimberlin’s wasteland the cruelest month is probably March.

On 13 March, 2015, his bogus peace order petition against me in the District Court of Maryland for Montgomery County was denied Judge Williams.

On 13 March, 2018, his Kimberlin v. Breitbart Holdings, et al. LOLsuit in the U.S. District Court for the District of Maryland was dismissed sua sponte by Judge Hazel.

On 14 March, 2018, the Kimberlin v. Frey RICO Remnant LOLsuit appeal was dismissed by the Fourth Circuit Court of Appeals. Per curiam. The dismissal wasn’t even worth an opinion.

On 17 March, 2015, the Kimberlin v. National Bloggers Club, et al. RICO Madness LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

On 30 March, 2016, the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

OTOH, I’ve enjoyed March and its

… breeding
[Crocuses] out of the dead land, mixing
Memory and desire, stirring
Dull roots with [late winter] rain.

But that may be related to everything proceeding as I have foreseen.

Qapla’


Congratulations to Patrick Frey and his lawyers, Ron Coleman and Bruce Godfrey: The Fourth Circuit Court of Appeals has affirmed the judgment of the District Court in the Kimberlin v. Frey RICO Remnant LOLsuit Appeal.

Brett Kimberlin has maintained his perfect record of losing all cases he has brought before the Fourth Circuit.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The level of incompetence shown in the various court filings from Team Kimberlin in the course of The Dread Deadbeat Pro-Se Kimberlin’s and The Dreadful Pro-Se Schmalfeldt’s LOLsuits is amazing. OTOH, it has been a marvelous source of material for pointage, laughery, and mockification. Consider the TKPOTD from three years ago today for example.

* * * * *

When The Dread Pro-Se Kimberlin filed his opposition to Stacy McCain’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, I chose not to publish it because it contained a great deal of scurrilous material that was nothing more than ad hominem attacks on Stacy and several other people. After careful review, I have been able to edit the filing to eliminate everything that is not responsive to Stacy’s motion.

* * * * *

About a month after TDPK filed his opposition to Stacy’s motion to dismiss, Judge Hazel granted Stacy’s motion and the motions to dismiss for the remaining defendants, except for the civil rights count against Patrick Frey. Patterico won that count on summary judgment, and that RICO Remnant is now at the Fourth Circuit Court of Appeals.

Stay tuned.

Team Kimberlin Post of the Day


Occasionally, I post material to provide newcomers to The Saga of Team Kimberlin with background information on Brett Kimberlin’s use of lawfare to suppress the First Amendment rights of people who write truthful things about him and his work. This was originally published five years ago today.

* * * * *

I’ve been blogging about the Team Kimberlin story since Lee Stranahan kicked off the Everybody Blog About Brett Kimberlin Day last May. Since July, I’ve done some original reporting on the Kimberlin v. Walker and Walker v. Kimberlin cases because they have been playing out in courthouses near my house.

I sometime forget that not everyone has followed those cases or the larger Team Kimberlin story as closely as I have, so it’s time for a bit of review. On Monday, I referred you to a post by Stacy McCain that provides some of the background on the Saga. Yesterday, I referred you to this post by Aaron Walker that fills in some more details.

Today, I want to you look at this post by Ken from Popehat about the kind of thuggery Team Kimberlin inflicted on one blogger.

* * * * *

Multiple LOLsuits later, we’re still waiting for a ruling from the Fourth Circuit Court of Appeals in the Kimberlin v. Frey RICO Retread LOLsuit which is the last gasp of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuit filed in October, 2013.

Stay tuned.

Team Kimberlin Post of the Day


There are still a couple of Kimberlin-related appeals pending.

The Fourth Circuit Court of Appeals still has the Kimberlin v. Frey RICO Remnant LOLsuit under consideration. All the briefs have been filed, and we’re waiting for the court to rule. This is the remnant of the original RICO Madness LOLsuit. It deals with Kimberlin’s frivolous civil rights claim against Patrick Frey.

The Walker v. Maryland, et al. appeal has been fully briefed, and we’re waiting for the Maryland Court of Special Appeals to rule in that case. This is a two-fold case. One part is an appeal of the Walker v. Kimberlin, et al. suit seeking a new trial in malicious prosecution case against Brett and Tetyana Kimberlin. The other part is seeks to have the Maryland laws that were used to charge Aaron Walker declared unconstitutional under the First Amendment.

When there’s more news, I’ll report it.

Stay tuned.

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.

* * * * *

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.

* * * * *

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


While we wait for further news from the various pending Team-Kimberlin-related court cases, here’s another recycled post. It’s from two years ago today and is the follow up post to the TKPOTD recycled yesterday. Both deal with The Dread Deadbeat Pro-Se Kimberlin’s whining about being unable to get away with publishing sealed discovery in the Kimberlin v. Frey RICO Remnant LOLsuit.

* * * * *

As can be seen from his letter to Judge Hazel that I posted yesterday, The Dread Pro-Se Kimberlin wants to be able to share information he receives from Patterico during discovery in the Kimberlin v. Frey RICO Remnant LOLsuit with “the media.” Back when the Cabin Boy™ was editor of Breitbart Unmasked Liberal Grouch Unread, that site published sealed discovery documents from another case involving TDPK.BU20121130WalkerThat post has been taken down, but as you can see by the ability to call up its headline here on Hogewash!, the html code and resources for that post are fully backed up offline.

A large number of posts, some interesting, some not, (and essentially every post written by the Cabin Boy™) have been memory-holed by Bunny Boy. For example, …BU20130301WalkerThis was a post that included photos of Aaron Walker and his wife that TDPK took while he was stalking Mrs. Walker in the parking lot of the Howard County District Courthouse.

popcorn4bkIt’s interesting that many of the missing posts have something to do with TPDK’s breaching the seal on court documents or with one or more of his stalking or lawfare targets.

Hmmmmmm.

 

 

* * * * *

Of course, Bunny Boy Matt Osborne is no longer editor of Breitbart Unmasked Bunny Billy Boy Unread. The Cabin Boy™ is back, and the site’s readership numbers are becoming more … selective.

Failing failures gotta fail.

UPDATE—This post appears to have generated a Feldtdown in which the Cabin Boy™ has whined about several of his usual themes that have to do with features on this blog that generate more traffic than his stunted attempts at having a web presence. He’s also gone off on the subject of where I might be buried.No, it won’t be socialism.

The Hoge family has its own cemetery, and I have a spot reserved next to Mrs. Hoge. The cemetery is on land donated by one of my ancestors, and I am now one of its trustees.

For centuries, our family has had a tradition of giving land or other resources for churches and other community purposes. Earlier this year, I wrote about a family reunion at the church near Jasper, Tennessee, built on land donated by my great-great-great grandparents, and I’ve also written about the church near Winchester, Virginia, built on land donated by my great-great-great-great-great-great-great grandparents. They are buried there.There’s no indication that I’ll keel over at the keyboard (or any place else) soon, but when I do, I’ll join ancestors who gave me things to live up to.

Team Kimberlin Post of the Day


Now that all the briefs are filed in the appeal of the Kimberlin v. Frey RICO Remnant LOLsuit and we’re waiting for the Fourth Circuit Court of Appeals to rule, I’ll be recycling posts related to that appeal and the other pending Team-Kimberlin-related cases. A big part of The Dread Deadbeat Pro-Se Kimberlin’s appeal is his whining about not being able to publish confidential discovery material on websites such as Breitbart Unmasked Bunny Billy Boy Unread. This post from two years ago today deals with that same theme.

* * * * *

The Dread Pro-Se Kimberlin has sent what appears to be an ex parte letter to Judge Hazel whining about the discovery protective order issued in the Kimberlin v. Frey RICO Remnant LOLsuit.

popcorn4bkThe assertions in the letter are nonsensical. All the protective order prohibits is giving any discovery information marked “Confidential” to a third-party not directly involved in the LOLsuit. That means that TDPK is forbidden from leaking confidential information to “the press,” i.e., Bunny Boy Unread. In order for “the press” to challenge the order, 57F Osborne will have to hire a lawyer.

Heh.

* * * * *

TDPK could have hired a lawyer to file a motion on behalf of Breitbart Unmasked Bunny Billy Boy Unread to unseal the Frey discovery, but I suppose that spending that $9k on other “documents” has crimped his budge. Or maybe having to identify the actual entity behind that website as the party filing such a motion …

Team Kimberlin Post of the Day


All the briefs are in for the Dread Deadbeat Pro-Se Kimberlin’s appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, so now we’re waiting for the Fourth Circuit Court of Appeals to rule. While we wait, here’s a look at the TKPOTD from 8 November, 2014—

* * * * *

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

So what?

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

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

Stay tuned.

 

* * * * *

Everything is proceeding as I have foreseen.

I’m Not Making This Up, You Know


The Dread Deadbeat Pro-Se Kimberlin has filed his informal reply brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit, and it actually includes a bit of whining about an alleged ad hominem attack in the Frey response brief, i.e., truthful statements by Frey’s counsel Ron Coleman that relate to the facts of the LOLsuit.

TDPK also seems upset that Frey’s brief didn’t bother to address the case law cited in Kimberlin’s opening brief. I suspect that Ron Coleman didn’t bother because Kimberlin’s arguments are so patently wrong.

Stay tuned.

Team Kimberlin Post of the Day


We’re still waiting for news from the The Dread Deadbeat Pro-Se Kimberlin’s appeal of the RICO Remnant LOLsuit and the other pending Team-Kimberlin-related cases, so here’s another blast from the past. This was posted four years ago today as Acme Law Fights Back

* * * * *

Apparently, Acme Legal is trying to find a way to combat the dreaded res judicata.Acme-Disintegrating-Pistol

* * * * *

The Cabin Boy’s™ LOLsuit VIII is the only Team Kimberlin LOLsuit that hasn’t gone down in flames. Yet. When it does, I’ll bet that res judicata will be one of the reasons it is dismissed for failure to state a claim—unless it’s dismissed for the more basic reason of the court’s lack of personal jurisdiction over the defendants.

Stay tuned.

Team Kimberlin Post of the Day


Here’s another round of pointage, laughery, and mockification for The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

<plm>TDPK makes the silly assertion that he has a First Amendment right to file his motion for summary judgment and the accompanying exhibits in the District Court publicly even though it contained sealed material. He writes—

Appellant had a right under the First Amendment to file his Motion for Summary Judgment publicly. However, the lower court ordered the parties to file them [sic] under seal and maintained that seal even after its decision was rendered. This constituted a grave constitutional error that prejudiced Appellant by having his case litigated in secret, away from scrutiny by the press and the public.

Also—

The First Amendment provides an affirmative right of public access to virtually all judicial proceedings involved in civil proceedings.

(And also proceedings proceeding in the Department of Redundancy Department.)

The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Local Rules of the Court of Appeals for the Fourth Circuit all provide for the use of sealed materials in a civil court proceeding. In fact, some things, such as the full names of minor children must be sealed. Patrick Frey’s lawyers were able to convince Judge Hazel to issue a protective order sealing discovery in the case, and TDPK is bound by that sealing order.

The First Amendment right of access to the court records resides with the public, you folks who are not parties or otherwise connected to the case. (I’m covered by the protective order because Kimberlin tried to get me sanctioned during discover for failing to give him documents I did not have. Because I was served with sealed documents that I did not provide as part of TDPK’s motion against me, I am now covered by the protective order.)

If Breitbart Unmasked wants access to the sealed portion of the record, that “news” organization can hire a lawyer and file a motion to unseal. If an enterprising “journalist” like Matt Osborne wants a peek, he can file a motion; as an individual, he file pro se and avoid the cost of a lawyer (but he will have to publicly provide the court with his contact information).

And that brings us to one of Brett Kimberlin’s principal problems with this case and his other lawfare: essentially no one, not even the leftwing moonbat media, believes him. The only members of the “press” or the “public” who would want to violate the privacy of Patrick Frey and third parties mentioned in the sealed discovery are members of Team Kimberlin, and they’re either too poor to afford a lawyer, too incompetent to file a proper pro se motion, or too afraid to let their whereabouts be known.</plm>

Failing failures gotta fail.

Team Kimberlin Post of the Day


Here’s some more pointage, laughery, and mockification of The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

<plm>Let’s fisk his penultimate paragraph—

This case is important, not only because it involves allegations about a corrupt prosecutor who uses the power of his office to target his enemies, but also because Frey is a member of the “alt-right” and confidant of Andrew Breitbart and Steve Bannon, the latter who served in the Trump White House before being recently ousted fro his extremist conduct.

OK, a case about a corrupt prosecutor could be important. However, Judge Hazel examined the uncontested evidence (as opposed to TDPK’s spin on the meaning of that evidence) and found that Patrick Frey acted within his rights as a crime victim when he sought to have Kimberlin investigated in connection with that crime. It isn’t corrupt for a crime victim to complain to the authorities, even if he’s one of the authorities himself.

However, TDPK does nothing to demonstrate that Patterico is a member of the “alt-right” or why that would have any significance in the case. Similarly, Kimberlin has never shown that any connection between Andrew Breitbart and/or Steve Bannon on the one hand and Patrick Frey on the other increases the “importance” of his LOLsuit.

The exhibits attached to the summary judgment motions filed in the lower court, which include dozens of Breitbart emails to and from Frey, provide a very important template of how the alt-right smears people with false narratives that they amplify through their networks. It is important for the public to know that Breitbart even employs law enforcement officials such as Frey who will use the power of their office to destroy its enemies.

What’s truly important about the past five or so years of lawfare is not any imaginary alt-right smearing of Brett Kimberlin. In fact, as far as I know, neither Patrick Frey nor any other of my codefendants in the various TDPK’s LOLsuits (nor I) are aligned with the so-called alt-right. Moreover, I’d be wiling to bet folding money that, to the extent any members of the alt-right are aware of Brett Kimberlin, they regarded him as a failed leftwing scam artist.

Setting aside the lack of agreement between the pronouns and antecedent nouns in the last sentence, its underlying message seems to be a cri du coeur of frustration that Kimberlin’s use of false narratives has failed to smear his enemies. (I’ve been the victim of four such attempts, two sets of false criminal charges and a bogus peace order petition.) Kimberlin has tried to project his template on to us, but Patrick Frey, my other codefendants, and I have been successful in defending ourselves by simply telling the truth.</plm>

In the end, the Kimberlin v. Frey case is important, but not for the reasons TDPK suggests. It’s important because shutting down Kimberlin’s use of lawfare to unconstitutionally muzzle people who talk about him reinforces the protection of everyone’s First Amendment rights.

Team Kimberlin Post of the Day


Let’s take another opportunity to engage in pointage, laughery, and mockification at The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief for the Kimberlin v. Frey RICO Remnant LOLsuit appeal.

This whacked out bit of nonsense is from p. 4—

Discovery commenced and, over Appellant’s objection, Judge Hazel issued a protective order covering all discovery in the case. Appellant filed a Writ of Mandamus with this Court arguing that the protective order violated the First Amendment. In re Kimberlin, 16-1670. This Court denied the writ on the ground that Judge Hazel had other remedies available to him to unseal the documents.

Punctuation errors in the original.

<plm>The last sentence of that paragraph is false. Here’s what the Fourth Circuit’s order actually said—

The party seeking issuance of the writ must have no other adequate means to obtain relief, and he bears the burden of showing that his right to the writ is clear and indisputable. … We have reviewed the petition and conclude that Kimberlin fails to make this showing.

So it wasn’t Judge Hazel who had other remedies available—indeed, the judge wasn’t the one who wanted a remedy—it was Kimberlin who had other remedies potentially available, and it was Kimberlin who failed (there’s that word again) to show that he had exhausted those remedies. That was the Fourth Circuit’s ground for denying the writ of mandamus.

You’d think that TDPK would realize that the Fourth Circuit Court of Appeals probably keeps copies of the orders it issues and that one of the judge’s clerks would check to see what was in their earlier order. Perhaps he has become so disconnected from Reality that he believes his own lies.</plm>

Lying liars gotta lie.

Team Kimberlin Post of the Day


Now that Ron Coleman has rather effectively eviscerated what passed for any legal argument in The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in the Kimberlin v. Frey RICO Remnant LOLsuit appeal, we can spend the next few days engaging in pointage, laughery, and mockification of some of the nonsense in TDPK’s brief.

This is from p. 19 of Kimberlin’s brief—

Despite many media requests, the press and the public have no access to the summary judgment motions or exhibits used but the lower court to make its decision.

<plm>The opening phrase of that sentence is false. According to the case docket on PACER, no one—no reporter or news organization or blogger—not even an investigative journalist with 30 years of experience—has filed a motion with the District Court to unseal any portion of the record in the Kimberlin v. Frey case. It is true that Kimberlin attached a couple of emails from Matt Osborne and Bill Schmalfeldt pretending to be independent journalists wanting to report on the case to one of his motions to unseal the Frey discovery. However, two emails from associates of one of the parties as exhibits in one of that party’s motions is hardly “many media requests.”

Also, it is probably not true that the press does not have access to at least some of the exhibits related to the summary judgment. This blog has access to some of the discovery, because I provided some of it in response to a subpoena from TDPK. Further, when Kimberlin filed a motion to have me sanctioned for not giving him documents I didn’t have, the court ordered him to serve me with copies of those documents. I haven’t published them because I am bound by the protective order sealing them, so I would be in contempt if I did publish them.

TDPK’s last hope to get some sort of win out of his years of failed lawfare was to get some of the Frey discovery unsealed to that he can build one his false narratives around it. I looks as if he’s failed at that.</plm>

Meanwhile, he has until next Friday to file an informal reply brief.

Team Kimberlin Post of the Day


Here’s another bit of fisking of The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. He makes the following patently false assertion on p. 19—

There is no provision under law that allows a party to appeal under seal in normal civil matters such as the instant case.

Bullshit! Not only is filing an appeal under seal allowed, it is required in some cases. Here’s what Federal Rule of Appellate Procedure 25(a)(5) says—

Privacy Protection. An appeal in a case that is governed by … Federal Rule of Civil Procedure 5.2 … is governed by the same rule on appeal.

The relevant parts of Federal Rule of Civil Procedure 5.2 read as follows—

(d) Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

(e) Protective Orders. For good cause, the court may order in a case:
(1) require redaction of additional information; or
(2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court.

It’s clear that Judge Hazel acted within the parameters of FRCP 5.2 in issuing a protective order and requiring certain filings to be sealed in the RICO Remnant LOLsuit. It’s also clear from FRAP 25(a)(5) that the Fourth Circuit has acted properly in maintaining the lower court’s seal.

But TDPK argues otherwise.

Stupid is as stupid does.

Team Kimberlin Post of the Day


So The Dread Deadbeat Pro-Se Kimberlin has filed the redacted version of his informal opening brief. I’ve read through it a couple of times, and it seems more or less consistent with TDPK’s usual level of shoddiness. Over the next few days, I plan to use the TKPOTDs to fisk portions of his brief.

TDPK states his first issue for review as follows—

Whether the lower court erred in granting summary judgment for Appellee Frey when the issue of causation was highly contested and therefore should have been an issue for the jury to decide as this Court made clear in Love-Lane v. Martin, 355 F.3d 766 (4th Cir. 2004).

Of course, the issue of causation was contested between the parties. Let’s even grant that it was “highly contested.” So what? Summary judgment is appropriate when there are no disputed facts and one party is entitled to win as a matter of law. Judge Hazel examined the evidence provided in discovery by Patrick Frey and offered by Kimberlin in his summary judgment motion and in his opposition to Patterico’s summary judgment motion. From those undisputed facts offered by Kimberlin, the judge found that TPDK had failed to make his case, and he granted summary judgment for Patrick Frey as a matter of law. Let me put that another way: the court found that even if what Kimberlin alleged was true, the law said that he hadn’t established the element of causation in his case against Frey. Thus, even if the jury had also agreed with Kimberlin’s alleged facts, he still could not have won his LOLsuit.

The Gentle Reader will note that TDPK’s citation of the Love-Lane case does not include a page number pointing to something in that decision which supports his assertion that his case should have gone to a jury. IANAL, but I’ve read through the Love-Lane decision, and I can’t find anything that would help him. Indeed, the Fourth Circuit’s rationale in denying Love-Lane’s racial discrimination claim because the plaintiff’s alleged facts were such that “no rational jury” could find for the plaintiff “based on the evidence in the record” supports Judge Hazel’s ruling. (355 F.3d at 788.) The case law Kimberlin cites actually seems to support Patrick Frey’s position.

Kimberlin once told Pattrico “I’ve filed over a hundred lawsuits,” but he has hasn’t won very many.

RICO Remnant LOLsuit Appeal News


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

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

Team Kimberlin Post of the Day


As of 9 pm ET last night, there had only been one filing yesterday in the Kimberlin v. Frey RICO Remnant LOLsuit appeal. It was Patrick Frey’s Disclosure of Corporate Affliations form. Those forms were due from both parties today.For now, there’s nothing on PACER indicating that The Dread Deadbeat Pro-Se Kimberlin complied with the court’s orders to file a redacted version of his informal opening brief, a certificate of confidentiality for the seal version, and his Disclosure of Corporate Affiliations form. He may have gotten them in on time, but the Clerk’s Office may not have completed scanning them for PACER yet. Or he may have blown it. We’ll see it anything appears on the docket tomorrow.

Meanwhile, here’s a look at another bit of court paperwork the TDPK screwed up in 2015. This was the TKPOTD two years ago today.

* * * * *

Well, we seem to have caught The Dread Pro-Se Kimberlin in yet another misrepresentation to a court. Here’s what the Certificate of Service filed with his opposition to several of the motions to dismiss his Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit looks like:ECF 74 cert

When I filed my reply, I informed the court that I had not yet been served a copy of TDPK’s opposition but was filing based on what I found in PACER. I did eventually receive a copy of the opposition, but it was late in arriving. Inspection of the envelope and its postmark revealed why.ECF 74 EnvelopeECF 74 PostmarkpantsonfireThe package was not mailed to me on the day the opposition was filed with the court (also the day claimed in the Certificate of Service). It was mailed on the 17th instead of the 15th. You know, if the postmark were the next day, it could have been that he dropped in the mail late in the afternoon and that the mail in that box wasn’t collected until the next day. However, there’s a two-day lag. Also, the postage label is one from a counter sale, so the postage was paid for on the 17th. No, TDPK lied to the court.

BTW, I mail service to those receiving it by snail mail on my way to the courthouse. That way, I know the what I’m telling the court about service is true.

* * * * *

TDPK has already lost his appeal in the RICO 2: Electric Boogaloo LOLsuit and has been sanctioned by the Fourth Circuit Court of Appeals for frivolously including me as an appellee.

Everything proceeded as I foresaw.