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!.

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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.

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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?

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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!.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.