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

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

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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.