Team Kimberlin Post of the Day


One of the ways that I’ve ridiculed Brett Kimberlin was to begin referring to him as The Dread Pirate Kimberlin after he put up a pirate-themed website called the Bloggers Offense Fund. As time went by, I also tagged him with other The Dread P_____ Kimberlin nicknames where P_____ might be  something likePerjurer or Pro-Se or Performer. Because he has yet to pay sanctions and court costs taxed against him, Dread has been changed to Deadbeat.

The TKPOTD for five years ago today was about The Dread Deadbeat Performer Kimberlin.

* * * * *

Here’s another silly claim that keeps reappearing in The Dread Pro-Se Kimberlin’s LOLsuits.ECF 135-147

That’s from his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit. It’s repeated word-for-word as paragraph 122 in the complaint in his Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

Ear-plugs“… in order to interfere with Plaintiff’s business relationships and his prospective advantage … as a musician.” Oh, please! Now, I will admit that I have published a review of one of his CDs and that it was unfavorable, i.e., honest. The Dread Performer Kimberlin’s lack of talent is the most significant impediment to his music career. This is not to say that I think he should abandon his attempt at a career in music. This is from my earlier review—

While he didn’t do especially well with the acoustic guitar on Keyhole, Brett Kimberlin is actually a reasonably good guitarist. He probably couldn’t cut it in Nashville or LA, but could make a living in a minor market (such as Seattle) or playing the Holiday Inn circuit. Indeed, the world would be a better place if he did ignore the usual advice and give up his day job.

‘Nuff said.

* * * * *

Yeah, Seattle might be just the place for Kimberlin.

Team Kimberlin Post of the Day


One of the most easily falsifiable claims made by Brett Kimberlin in the Kimberlin v. Most of the Rest of the Universe, et al. RICO Remnant LOLsuit was … oh, here’s the TKPOTD from five years ago today.

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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.

If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—Pre2010

That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>

The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.

And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.

Whiner.

* * * * *

If The Dread Deadbeat Pro-Se Kimberlin had never sued me, I would never have argued that he was failing to state a claim for defamation because his reputation as a serial bomber was so bad that there was no way to lower the public’s opinion of him; other defendants wouldn’t have echoed that argument in their motions to dismiss; and no court would have dismissed one of Kimberlin’s LOLsuits on that basis. Now, a court has found that his reputation is so bad that he’s defamation proof.

His worst mistake in all of his litigation was to sue me.

Meanwhile, his latest attempt at relevance seems to be foundering. itstime2020 dot org has essentially no traffic, and the@ itstime_2020 Twitter account still only has two followers.

Team Kimberlin Post of the Day


Ah, the Third of September, a dual anniversary. It was on 3 September, 2012, that a person I then referred to as “Some bozo calling himself the Liberal Grouch” came to my attention by threatening. to sue Aaron Walker for defamation. And on this date in 2015, the first defendants were dismissed from Brett Kimberlin’s RICO Retread LOLsuit. I reported on the 2015 hearing in this post titled A Mixed Bag.

* * * * *

Here’s a brief summary of this morning’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

The Dread Pro-Se Kimberln was sanctioned for $760 in attorney’s fees because he was a no-show at the previous hearing.

The case was dismissed against Michelle Malkin, Twitchy, Breitbart, Glenn Beck, The Blaze, and Mercury Radio Arts for lack of person jurisdiction.

Aaron Walker was told to refile his motion to dismiss for technical reasons.

TDPK has been given 15 days to try to figure out how to properly amend his complaint to get around my motion to dismiss for improper venue.

More details later.

UPDATE—The dismissals for Michelle Malkin and the others were also based on Kimberlin’s failure to state a claim upon which relief can be granted.

* * * * *

IIRC, Bill Schmalfeldt never got around to suing Aaron Walker, but Aaron did successfully represent two of the defendants in one of the Cabin Boy’s™ LOLsuits.

Oh, and one of the grounds for dismissal of the RICO Retread LOLsuit for failure to state a claim upon which relief could be granted was that the court found that Brett Kimberlin’s reputation was so bad that he was defamation proof, that is was not possible to defame him.

Meanwhile, the @ItsTime_2020 Twitter account still didn’t have any followers as of 10 pm ET Wednesday evening.

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?.

* * * * *

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.

* * * * *

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


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.

* * * * *

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


One of the principal weapon’s that several bloggers have used in the fight against Brett Kimberlin’s attempt to use lawfare to silence his critics has been ridicule. For instance, here at Hogewash!, I’ve taken given his various LOLsuits humorously disrespectful nicknames, such as RICO Madness and RICO 2: Electric Boogaloo. While I was reading through some old posts, I found this description of the case that I’ve usually referred to as the RICO Retread LOLsuit—

Kimberlin v. National Bloggers Club, et al. Indiana Bomber and the LOLsuit of Doom just filed in Montgomery County Circuit Court

Maybe I should have stuck with that.

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.

* * * * *

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

* * * * *

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


Brett Kimberlin’s Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit came apart bit by bit as the various defendants received hearings on their motions to dismiss until The Dread Deadbeat Pro-Se Kimberlin finally gave up and dismissed the defendants he had been unable to serve with his complaint. A large group of out-of-state defendants were dismissed from the case in September, 2015, and Aaron Walker was dismissed in January, 2016. When the September and January dismissals occurred, Judge Mason ruled that one of the grounds for dismissal was Kimberlin’s failure to state a claim upon which relief could be granted, and that one of the reasons why he could not state such a claim for defamation was that his reputation as convicted serial bomber was so poor that he was defamation proof.

Four years ago today, most of the rest of the defendants, including me, were dismissed from the case, and I reported the dismissal with a Qapla’ post and another post titled A More Detailed Report.

* * * * *

I win.

Judge Mason granted my motion to dismiss in the Kimberlin v. National Bloggers Club (II), et al. RICO Retread LOLsuit. The dismissal is with prejudice.

The judge also granted (with prejudice) the motions to dismiss from Dan Backer and DB Capitol Service and from Lee Stranahan.

I’m sitting in the courthouse cafeteria with Lee Stranahan and Aaron Walker having a celebratory cup of coffee. I’ll post more details this afternoon.

* * * * *

There was a hearing this morning to deal with open dispositive motions in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. Judge Mason has a very methodical approach to managing his docket. He proceeded to review the open motions in the order they were filed.

Docket Item 113 was a motion to dismiss from Dan Backer and DB Capitol Service (Dan’s law firm). Christina Sirois argued for her client that the court lacked jurisdiction over them because they were from out of state and that The Dread Pro Se Kimberlin had not established any connection to Maryland for them. She also went briefly point by point through the complaint showing how Kimberlin had failed to state a claim upon which relief could be granted.

Judge Mason asked Kimberlin why res judicata didn’t bar his claims and pointed out how the Court of Special Appeals had ruled against him on his appeal of the earlier Kimberlin v. Walker, et al. nuisance suit. Kimberlin became irate and accused the judge of favoring the defendants and saying, “You let Aaron Walker amend his complaint against me four times, but wouldn’t let me amend my complaint.” At that point, Judge Mason held up Docket Item 91 and asked, “Isn’t 91 an amended complaint?” The judge explained that he isn’t the advocate for either side. He’s the umpire who enforces the rules, and that Kimberlin should not be surprised that lawyers have a better grasp of the rules than a pro se plaintiff.

The motion to dismissed was granted and dismissal was with prejudice.

Docket Item 116 was next. It was my motion to dismiss for failure to state a claim. Since I also had a second motion (177) relating to res judicata, the judge heard them simultaneously. Patrick Ostronic, my pro bono lawyer, briefly outlined the arguments in my favor. There wasn’t much TDPK could say, and Judge Mason granted my res judicata motion. Dismissal was with prejudice.

Docket Item 121 was Lee Stranahan’s motion to dismiss for lack of personal jurisdiction. Lee explained that he was from Texas with no real connections to Maryland. Kimberlin responded that Lee had filed a lawsuit in Maryland, so he had submitted himself to the State’s jurisdiction. Lee pointed out that he had not filed any such law suit. When he was being harassed in 2013, he came Maryland and filed an Application for Statement of Charges which resulted in a Commissioner charging Bill Schmalfeldt. The Howard County State’s Attorney later dropped the charge. The judge informed TDPK that someone seeking the State’s protection by filing a criminal charge is not the same thing as filing a civil suit, that the State was a party in that case and not Lee. Lee’s motion to dismiss was granted.

Note: In explaining the situation leading to the filing of the Application for Statement Charges, Lee Stranahan gave Judge Mason an accurate summary of some of the harassment he and his family experienced.

At the end of the hearing, Kimberlin asked if he could get a final ruling so that he could appeal, and the judge noted that the case wasn’t over. Kimberlin suggested dismissing without prejudice the remaining defendants—the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy—but did not do so after Judge Mason explained the possible consequences, including possible issues with the statue of limitations.

* * * * *

SOL can stand for statute of limitation … or something else.

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.

* * * * *

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.

* * * * *

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


The never-ending parade of silly mistakes made by The Dread Deadbeat Pro-Se Kimberlin and The Dreadful Pro-Se Schmalfeldt in their various LOLsuits have yielded a gold mine of pointage, laughery, and mockification. Here are some bits from the TKPOTD, a Legal LULZ Du Jour, and a Bonus Legal LULZ Du Jour from four years ago today.

* * * * *

I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent filings in the five active lawsuits in which he is a party. (BTW, four are LOLsuits he’s filed against me.) His writing is becoming … how to put this? … wilder and more full of stupid errors and omissions. I just finished reviewing something from one of the state cases, and its fatal error is both obvious and quite stunning. I won’t write about that mistake here because it’s the judge’s job to educate the midget on this one.

* * * * *

The Cabin Boy™ has a DOOM CLOCK running over at his Derp Brain Radio website (No, I won’t link to it.) that shows 32 days remaining for the return of waiver of service forms he says he’s sent to the defendants in LOLsuit VI: The Undiscovered Krendler.

Fed. R. Civ. P. 4(d)(3) says—

A defendant who, before being served with process, timely returns a waiver need not serve an answer to the complaint until 60 days after the request was sent[.]

Even if the waiver request forms had been sent the day the LOLsuit was filed, there would still be 54 days remaining for the defendants to respond. But I suppose following the Rules is hypertechnical. And math is hard.

UPDATE—Or perhaps it means that the Cabin Boy™ is exercising his option to allow at least 30 days but less than 60 days for the return of the waiver forms. Whatever. Setting the minimum time for return of the waiver forms won’t change when any answers or dispositive motions are due.

popcorn4bkUPDATE 2—The Cabin Boy™ has a post up “correcting” this one. I checked his “correction” with a lawyer, and I’ll wait for Schmalfeldt to find out the hard way how wrong he is.

Oh, and I see from his post that he’s still too afraid to include me in his LOLsuit.

* * * * *

The Cabin Boy™ has yet another post up over at his Derp Brain Radio website (No, I won’t link to it.) in which he demonstrates his poor reading comprehension and his poor knowledge of the legal resources I have at hand. Given his track record, it’s possible that he has come up with a novel way to screw up service of process. We shall see.

popcorn4bkAs I noted earlier today, The Dreadful Pro-Se Schmalfeldt’s fear of having to face me in court will keep me out of LOLsuit VI: The Undiscovered Krendler, at least for the nonce, and I expect that the amended complaint [redacted]. All this means is that he’s surrendered his chance to control the actual venue after [redacted]. Meanwhile, I get to sit on the sidelines and point and laugh.

Heh.

* * * * *

Tomorrow is Christmas Day, and this feature will take the day off.

So head out to the store to finish your shopping (or pickup more popcorn), enjoy the holiday, and …

Stay tuned.

* * * * *

Yes, Merry Christmas, everyone!

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin included me as a defendant in four of the many LOLsuits he filed over the past few years. The third suit that included me was his RICO Retread LOLsuit which tried to revive the state law claims from his first RICO case. The TKPOTD from four years ago was one of the early reports on the process of defeating that third lawsuit.

* * * * *

During the motions hearing last week in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason was well prepared. He said this to The Dread Pro-Se Kimberlin while dealing with my motion to dismiss for improper venue.

THE COURT: And I’ve looked through your 52-page complaint a couple of times and again just this morning before coming out on the bench because I wanted to make sure that I understood precisely what is being alleged here.

The judge then proceeded to explain to TDPK some of the deficiencies in his pleading concerning me. I’d share some of that with you, but I don’t want to refresh the midget’s memory. TDPK has this to say to the judge:

MR. KIMBERLIN: I wanted to limit this case to the swatting. That’s what I’ve done. You know, if I have to refile against Mr. Hoge in Carroll County or in this county, you know, it would be another massive lawsuit. I would like to keep him in this case, whether through an amendment or whatever and let a jury decide, you know, what he’s done with regard to the swatting. You know, part of what the whole Everybody Blog About Brett Kimberlin Day was to portray me as a criminal swatter to silence conservative bloggers, you know, which was not the case. I have nothing at all to do with any swattings at all.

movie popcornAnother massive LOLsuit? Really? I suppose that means that TDPK has not yet figured out that there are some people who aren’t soft targets for lawfare. If he has learned anything about tangling with me, he’ll wise up and fail to amend his LOLsuit by the 18th, or, if he really comes to his senses, he’ll dismiss the entire LOLsuit for all the remaining defendants.

I wouldn’t bet on his acting wisely, so the Gentle Reader may want to lay in a good stock of popcorn. Here’s a deal from Amazon.

Stay tuned.

* * * * *

The Gentle Readers will note that I often suggest that they stay tuned. I’d offer the same suggestion to The Dread Deadbeat Performer Kimberlin’s guitar, but …

Team Kimberlin Post of the Day


Over at Instapundit a few days ago, Prof. Reynolds used the Southern expression “lower than a snake’s belly in a wagon wheel rut.” The TKPOTD from three years ago today contained information about something Brett Kimberlin did that I believe is lower still.

* * * * *

After Mark Bailin had presented his oral argument for the successful Breitbart motion to dismiss during last Thursday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Judge Mason gave The Dread Pro-Se Kimberlin an opportunity to respond. This conversation was a part of his response.

THE COURT: The four that you chose, I would assume that you would pick the best four —

MR. KIMBERLIN: Uh, ummm —

THE COURT: — and the four that you chose, as he points out, two don’t even mention you.

MR. KIMBERLIN: Uh, I — Obviously, they don’t mention me in — by name. They mention me in context. They impute — ah — and this is a part of the campaign. This is —

THE COURT: Well, but, but, but stop for a second. Because the one in 2010 —

MR. KIMBERLIN: Ah, that’s —

THE COURT: — couldn’t possibly —

MR. KIMBERLIN: I’m, I’m not going to argue that. Ah, that’s beyond the statute of limitations.

THE COURT: So why did you put it in the complaint then?

That admission is significant because the only act TDPK alleges against Mandy Nagy is that she wrote the 2010 Breitbart article. Given that he’s admitted that what he alleged against her is outside the statute of limitations, it will be interesting to see if he’s smart enough to dismiss her from the case.

Stay tuned.

* * * * *

Even after admitting that the statute of limitations had expired on Mandy Nagy’s article—and know that she had suffered a stroke that made it impossible for her to participate in her own defense—The Dread Deadbeat Pro-Se Kimberlin kept her as a defendant in the RICO Retread LOLsuit to the bitter end. He only dismissed her when it was the only way for him to pursue an appeal of his losses against other defendants, and he made her an appellee, essentially appealing his voluntary dismissal of her from the case.

Lower than [redacted].

Team Kimberlin Post of the Day


Dealing with The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits was a pain in the neck (or a couple of feet lower), but there were amusing moments. I enjoyed the motion to dismiss the RICO Retread LOLsuit filed by Michael Smith, the lawyer representing Michelle Malkin and Twitchy. It was the subject of the TKPOTD that ran four years ago today.

* * * * *

Michael Smith, the attorney representing Michelle Malkin and Twitchy in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, has filed a reply to The Dread Pro-Se Kimberlin’s opposition the the Malkin/Twitchy motion to dismiss.

I’m buying more popcorn futures.

* * * * *

When Judge Mason granted this motion, he adopted the reasoning in footnote 2, finding that Brett Kimberlin’s reputation is so bad that he cannot be libeled. The judge reaffirmed that finding in granting Aaron Walker’s motion to dismiss in the same case. So the net result of TDPK’s campaign of brass knuckles reputation management was a legal ruling that he can’t sue for defamation.

Some things have proceeded better than I had foreseen.

Team Kimberlin Post of the Day


Brett Kimberlin’s life has been filled with grandiose schemes that backfired. His pseudo-black-op cover story for his dope smuggling failed, resulting in his first multiyear sentence. His attempts to use bombings to divert police energy from a murder investigation ran his prison time up to double digits. His attempts to use lawfare to stop truthful reporting about who he is and what he is doing resulted in expanded attention to who he is and what he is doing. The TKPOTD points out one of the core reasons for the failure of his lawfare.

* * * * *

The Dread Pro-Se Kimberlin has been given until close of business this Friday to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.

Since this is my blog, I’ll start with my discussion of the deficiencies in his allegations of defamation.

32. Plaintiff is a public figure who is defamation proof. He became the object of public attention when he was tried and convicted as the Speedway Bomber. See U.S. v. Kimberlin, 527 F.Supp. 1010 (S.D. Ind. 1981) and 483 F.Supp. 350 (S.D. Ind. 1979). He broadened his fame when, while still in prison on bombing and drug smuggling charges, he claimed to have sold marijuana to then-Vice-Presidential-candidate Dan Quayle. See Kimberlin v. Quinlan, 6 F.3d 789, 791 (D.C. Cir. 1999). Further public interest was generated when his parole for the bombing and drug charges was revoked. Kimberlin v. Dewalt, 12 F.Supp.2d 487 (D. Md. 1998). It was revoked because of failure to make restitution to the widow of a bombing victim (herself a wounded victim) which was a condition of his parole. He achieved another measure of fame when he sued the Bureau of Prisons because he was not allowed to possess an electric guitar in prison. See Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003). As a public figure, he has not alleged any instance demonstrating actual malice or a reckless disregard for the truth by any of the defendants. NYT v. Sullivan, 376 U.S. 254 (1964).

33. As can be seen by the partial listing of Plaintiffs history in the paragraph above, he has considerable reputational baggage. Citizen K: The Deeply Weird American Journey of Brett Kimberlin (Singer, Mark, Knoff, New York, 1996.) is an authorized biography of Kimberlin. It insinuates that Plaintiff had an improper relationship with a ten year old girl (p. 78.), that he was suspected of having arranged the murder-for-hire of the girl’s grandmother. (pp. 82, 83.), and that the subsequent Speedway Bombings were an attempt to distract the murder investigation (p. 89.). The book tells of other unsavory actions, including Plaintiffs bragging about sabotaging military equipment while working in a prison industry (p. 184.). Plaintiffs status as public figure is not unlike Nathan Leopold’s (of Leopold and Loeb); when one commits a sufficiently infamous crime, one becomes a public figure from that day onward. See Leopold v. Levin, 45 Il1.2d 434 (1970).

34. In paragraph 181 of the Amended Complaint Plaintiff alleges that statements by the defendants concerning his behavior make him appear “odious, infamous, and/or frightening” without, as noted above, alleging which particular statement(s) by which particular defendant(s) were defamatory. However, Plaintiff in the past has tacitly acknowledged his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is bad. See e.g., U.S. v. Kimberlin, 805 F. 2d 210, 223-24 (7th Cir. 1986). Indeed, it is so bad as to render him defamation proof. See Jackson v. Longscope, 394 Mass. 577 (1985).

There was one other problem with his allegation of defamation against me.

31. Even if the alleged statements made by Defendant Hoge be defamatory, any claim by Plaintiff is barred by the statute of limitations (Md Courts & Judicial Proc. § 5-105.) because all alleged statements by Mr. Hoge were made more than one year before the filing of the instant suit. 

It won’t matter how he amends his complaint. Brett Kimberlin is a convicted serial bomber, and, like other serial bombers (The Unibomber Ted Kaczynski, for instance), he’s now known as a notorious criminal. He’s defamation proof.

* * * * *

IANAL, but my opinion that Kimberlin is defamation proof was confirmed. The defamation claim in the RICO Madness LOLsuit was based in state law, so when Judge Hazel dismissed the federal claims in that case for failure to state a claim upon which relief could be granted, he dismissed the state claims for lack of jurisdiction. However, when The Dread Deadbeat Pro-Se Kimberlin filed them as the RICO Retread LOLsuit in state court, Judge Mason dismissed them for failure to state a claim, and one of the bases for that failure with respect to defamation was a finding that Kimberlin is, as a matter of law, defamation proof.

In the process of losing the RICO Remnant LOLsuit, TDPK most likely destroyed any possibility of winning another defamation case.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Folks just finding this blog are sometimes confused by the ongoing coverage of Brett Kimberlin and his minions. This TKPOTD from four years ago provides some historical perspective. The Gentle Reader should note that it was written after Kimberlin had lost the first state LOLsuit, but before any of the follow on federal or state cases had been resolved.

* * * * *

Every once in a while, I find it useful to present a review of some of the names used for Brett Kimberlin and Team Kimberlin and how they have evolved. After all, not all the Gentle Readers have been following The Saga since May, 2012, as I have.

Back in May, 2012, Brett Kimberlin had secured an unconstitutional gag order against Aaron Walker that prohibited Aaron from even speaking or writing about Kimberlin publicly. I began referring to Kimberlin as Lord Voldemort (i.e., “He who must not be named”) and his supporters as Death Eater Wannabes. After the gag order was overturned, it wasn’t long before Kimberlin put up a pirate-themed fundraising website called the Bloggers Offense  Fund. (That was an attempt to play on the name of a site called the Bloggers Defense Fund.) That’s when I began referring to Kimberlin as The Dread Pirate Kimberlin.

TDPKVarious members of Team Kimberlin have earned positions on the crew. These include First Mate Neal Rauhauser, Cabin Boy Bill Schmalfeldt™, Very Ordinary Seaman Ferguson, Chief Pedo Officer Gillette, and 57F Osborne.

In mid 2013, Kimberlin upped the ante in his campaign of lawfare. He filed suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. He sued us in a Maryland state court for $1,000,000 claiming a bunch of stuff that boiled down to defamation and false light invasion of privacy in the end. Following the Team Kimberlin lawfare strategy, TDPK sued us without hiring a lawyer. Self-representation is referred to a acting pro se. Thus, The Dread Pirate Kimberlin morphed into The Dread Pro-Se Kimberlin.

TDPK has also been referred to as The Dread Pedo Kimberlin and The Dread Performer Kimberlin in reference to the charges filed against him by his wife and to his singing, respectively.

I’ll conclude with these words which were originally posted in September, 2012—

The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

UPDATE—As Ron Coleman notes in his comment below, some of the defendants in the RICO Madness have surrendered to TDPK. However, most have not. Four of us beat him in state court. The same four and our codefendants will also beat him in federal court.

* * * * *

I should make several follow up comments.

First, The Dread Deadbeat Pro-Se Kimberlin lost every single civil case he filed and saw every single criminal complaint he filed dropped.

Second, he morphed from Dread to Deadbeat by not paying any of the sanctions imposed  against him or costs taxed to him.

Third, Ron Coleman and his co-counsel Bruce Godfrey followed through with their pro bono representation of blogger Patrick Frey, winning a summary judgment in the defendant’s favor on Kimberlin’s civil rights claim against Patterico.

Team Kimberlin Post of the Day


One of the consistent themes put forward by Team Kimberlin is that they are the victims of false narratives and that their defeats in court have been the result of unfair treatment by judges or cheating by the opposing parties. The Legal LULZ Du Jour from three years ago dealt with one example of such a silly claim. Note: The “Lynn” referred to in the first tweet is a woman who wound up getting a restraining order against Bill Schmalfeldt.

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Thus tweeteth the Cabin Boy™—dbr201512111512Zdbr201512111514ZLet’s see … the last time the Cabin Boy™ sued me … oh, yeah, that was the LOLsuit in the Circuit Court for Howard County. Now, how did that go?

Yeah, I remember now. Judge Kramer dismissed the suit against the out-of-state defendants because The Dreadful Pro-Se Schmalfeldt had failed to serve them, and she dismissed the case against me because I was being sued in the wrong county. Now, I’m pretty sure that I told the judge that I lived in Carroll County and didn’t work in Howard County, and I didn’t lie about that.

Hmmmm.dbr201512111516ZIt must be some technicality under Acme Law that makes living outside of Howard County a form of cheating. Still, I don’t remember any sense of humiliation as a result of winning.

Perhaps I’m not the one with a progressive brain disorder.

UPDATE—dbr201515111732Z

*yawn*

* * * * *

The Truth is not Team Kimberlin’s friend.

Oh, and the Cabin Boy™ sued me once more. I was a defendant in LOLsuit VIII: Avoiding Contact. That case was dismissed against me because of the court’s lack of personal jurisdiction, i.e., Schmalfeldt sued me in the wrong court. Again.

Come to think of it, the state law claims that The Dread Deadbeat Pro-Se Kimberlin tried to bring against me in the RICO Madness and RICO 2: Electric Boogaloo LOLsuits were also dismissed because the U. S. District Court lacked jurisdiction. The RICO Retread LOLsuit could have been dismissed in state court for improper venue, but the judge dismissed it for failure to state a claim in order for the dismissal to be with prejudice.

Incompetent cases filed in the wrong courts. It’s almost as if there’s a pattern here.

Team Kimberlin Post of the Day


The biggest problem that Team Kimberlin has had with their LOLsuits is their lack of understanding about how to plead the who, what, when, and where of the various elements of the torts they have alleged. The TKPOTD from three years ago today dealt with The Dread Deadbeat Pro-Se Kimberlin’s inability to properly allege anything against me in the RICO Retread LOLsuit.

* * * * *

I originally wasn’t the central character in the Dread Pro-Se Kimberlin’s RICO Retread LOLsuit in the Circuit Court for Montgomery County, but after the hearing on 3 September, 2015, TDPK moved me to the center of the alleged conspiracy. Here’s why.

THE COURT: Okay, so what I will do is I’m not going to rule or decide your motion one way or the other, because as it’s currently pled I think it’s insufficient for me to decide whether he’s got a claim against Hoge or not. So I’m going to allow him to amend as to Mr. Hoge to see if he can allege something specifically that he has done without and actually I won’t decide this one way or the other. So we’ll just wait until he files his amended complaint and then I’ll take up well actually I guess you have to refile it as to the amended complaint. But I’ll leave this for the time being sitting here because if I dismiss the complaint as you then everything else goes automatically and we might as well dispose of some of these other things that we have this morning.

MR. OSTRONIC [My Lawyer]: Do you have a time, Your Honor?

THE COURT: Fifteen days ought to be — I mean, this has been kicking around for years.

MR. KIMBERLIN: Yeah, that’s fine.

THE COURT: Okay, so you’ve got 15 days.

MR. KIMBERLIN: That’s perfect.

THE COURT: But keep in mind it can’t be complaints to officials requesting investigation.

MR. KIMBERLIN: Right.

THE COURT: It can’t be coming to court.

MR. KIMBERLIN: Right.

THE COURT: It has to be something specific that he said —

MR. KIMBERLIN: All right.

THE COURT: — that accuses you of committing crime, not past crimes you’ve been convicted of —

MR. KIMBERLIN: Right.

THE COURT: — but some —

MR. KIMBERLIN: Some new crime.

THE COURT: And it has to be, you know, not a suggestion. His opinion that maybe you or people with you might be behind this. If it’s couched like that it’s not going to be enough so —

MR. KIMBERLIN: Right.

MR. OSTRONIC: Your Honor, will it also have to be conspiratorial?

THE COURT: Pardon me?

MR. OSTRONIC: It has to be conspiracy too, correct, he has to allege the elements of conspiracy?

THE COURT: If he wants to bring the other people in with it. But if he alleges your client defamed to him —

MR. OSTRONIC: Then this wouldn’t be the proper venue.

THE COURT: Well, if he has anybody else that he can tie to that. I mean, if there’s more than one defendant he can make that argument, okay.

MR. OSTRONIC: Thank you, Your Honor.

THE COURT: Yes, I mean if all you’re left with is Mr. Hoge, he’s right, then you’ve got to go to Carroll County.

MR. KIMBERLIN: Right.

His amended complaint was pretty slipshod. We’ll see what the court thinks of it soon enough.

* * * * *

In some ways TDPK’s amended complaint was worse than his original. Every one of his allegations against me involved my asking the authorities to conduct an investigation, an my expression of protected opinion, or something barred by res judicata because of the previous Kimberlin v. Walker, et al. LOLsuit. In fact, the suit wound up being dismissed against me on the basis of res judicata.

TDPK once claimed in an email to Patrick Frey that he had filed over a hundred lawsuits. He lost the vast majority of them.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin has constantly whined about the “false narratives” being used to defame him. In reality, his LOLsuits have been nothing but made-up stories spun without any supporting evidence. The TKPOTD from four years ago today cited one example.

* * * * *

The Dread Pro-Se Kimberlin has about two-and-a-half weeks left to try to find enough well-plead allegations in his second amended complaint to cobble together the elements of at least one of the counts for his Kimberlin v. The Universe, et al. RICO Madness. If he wants to keep me as a defendant, he has to make one of the three federal claims work. That’s because he and I are both residents of Maryland, and he can’t sue me in federal court if all he has are state law claims.

Here’s one of the allegations he might try to use to support one of the federal counts—ECF 135-99

So what? FBI agents interview people all the time. Considering that three people, Patrick Frey, Erick Erickson, and Aaron Walker, who had criticized Brett Kimberlin or beat him in court had been SWATted, asking TDPK what he might know about the situation was not an unreasonable thing for someone investigating those SWATtings to do.

So far as I know, no one has every specifically accused Brett Kimberlin of making those SWATting calls or having another person do it for him. I can understand why someone might be suspicious. As Ian Fleming famously wrote: “Once is happenstance. Twice is coincidence. Three times is enemy action.”

timer-blackTDPK has whined a lot about “false narratives,” but he’s never specified which defendant said what when to whom in any way that actually accused him of being the SWATter. That’s not in his original, first amended, or second amended complaints. He’s not supposed to get any more amendments, so it’s too late to change his tale. Time is ticking down.

Of course, he could just dismiss the suit, but his ego probably won’t permit that.

Stay tuned.

* * * * *

Of course, the federal counts Kimberlin’s RICO Madness LOLsuit were dismissed against me for failure to state a claim upon which relief could be granted, and his follow state RICO Retread LOLsuit was dismissed for the same reason.

False narratives. I wonder how TDPK would characterize the bogus documents he bought for $9,000 back in 2017.

UPDATE—Oh, look! Mr. Down Twinkles is back and has hit the Thumbs Down button.

Team Kimberlin Post of the Day


Perhaps one of the reasons that The Dread Deadbeat Pro-Se Kimberlin has been slacking off on his promise of lawsuits “for the rest of their lives” against the original defendants in the Kimberlin v. Walker, et al. nuisance LOLsuit is that he’s figured out that he can’t beat us. After he made the mistake of calling Stacy McCain as witness in the first LOLsuit (never try to outcrazy Stacy McCain), he dropped Stacy from the cases filed after August, 2014. After he lost both the federal and state Kimberlin v. National Bloggers Club, et al. RICO Madness and RICO Retread LOLsuits, he dropped Ali Alexander and Aaron Walker from further cases. Finally, after losing the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo LOLsuit, he dropped me from the follow-on RICO 2 Retread state case.

The RICO 2 Retread LOLsuit sputtered, and by this time a couple of years ago, it was on its last leg as was reported in the TKPOTD from two years ago today.

* * * * *

The Dread Pro-Se Kimberlin has filed a motion seeking a postponement of the motions hearing scheduled for 15 November in the Kimberlin v. Hunton & Williams LLP, et al. (II) RICO 2 Retread LOLsuit. That’s the state version of the Team Themis LOLsuit filed in the Circuit Court for Montgomery County. The only remaining defendants are Bill Nickless, Battelle (the not-for-profit that runs Pacific Northwest National Labs for the Department of Energy), and some John Does. Judge Mason hasn’t granted his motion yet, so it looks as if the remaining motions to dismiss will be heard next week, and another of TDPK’s LOLsuits should bite the dust.

We’ll see.

* * * * *

We didn’t have to wait long. Not long thereafter, the case docket showed that Kimberlin had voluntarily dismissed the LOLsuit against those defendants. And then he failed to follow through with an appeal.

Maybe he was lying when he promised lawsuits “for the rest of their lives.” He is a convicted perjurer, you know.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin’s campaign of lawfare as a form of brass knuckles reputation management has failed miserably. The  TKPOTD from four years ago today shows how his LOLsuits claim that he had been defamed wound up getting a court to find that his reputation was so bad that there was no way to lower it.

* * * * *

One of the things The Dread Pro-Se Kimberlin has sued me and many others about is defamation. In my defense, I have argued that TDPK’s reputation is so poor because of his past criminal convictions that he is defamation proof. TDPK keeps trying to deny that. For example, he wrote this in one of his filings in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit—BK_ECF29-14

Now, Aaron Walker and I aren’t the only defendants in TDPK’s lawfare nuisance suits who have argued his status as defamation proof. This is from Michelle Malkin’s and Twitchy’s recently granted motion to dismiss in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit—Malkin_Twitchy MTD p7

Judge Mason agreed with Michelle Malkin and Twitchy. He adopted their argument in dismissing them from the case. Thus, we now have a ruling finding that Brett Kimberlin is defamation proof.

It would be interesting to know how TDPK evaluates the success and cost/benefit ratio of his brass knuckles reputation management now.

* * * * *

Come to think of it, is there any member of Team Kimberlin who isn’t defamation proof?

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin started his campaign of lawfare against the First Amendment rights of people who spoke and wrote truthfully about him in a futile attempt at brass knuckles reputation management. Of course, his LOLsuits blew up in his face (Yeah, I typed that on purpose), and his inept litigation became a reliable source of pointage, laughery, and mockification. As the TKPOTD from three years ago shows, one of his consistent failings was making self-contradictory claims in his court filings.

* * * * *

Here’s another example of how The Dread Pro-Se Kimberlin is unable to keep his stories straight. This is a portion of a paragraph in a recent filing he made in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.M2Recon_p?If the Gentle Reader were to type that URL into his browser, he would be taken to this YouTube video.GB_AW_youtubeNote the date that the video was published—25 May, 2012, the date of Everyone Blog About Brett Kimberlin Day. That’s the day Aaron Walker was interviewed by Glenn Beck, and Kimberlin states in his filing that Aaron appeared on that program and asserted that Kimberlin had SWATted him.

That was a pretty neat trick on Aaron’s part because he wasn’t SWATted until a month later, on the same day as the Montgomery Circuit Court threw out the unconstitutional gag order that had been imposed by the District Court. TDPK admits this in the complaint he filed to initiate the LOLsuit.Retread Complaint-75Brett Kimberlin is not only a liar, he’s a very bad one who can’t keep his stories straight.

TardisThis made up nonsense about Aaron accusing TDPK of SWATting him a month before Aaron was actually SWATted is only the most glaringly obvious false and self-contradictory allegation in TDPK’s filings.There are many more, and they will all come back to bite him. Self-contractidory claims are not entitled to a presumption of truth.

And, no, I haven’t been lending out my time machine.

Stay tuned.

* * * * *

As so many judges have found, “The Plaintiff has failed …”

Well, TDPK did succeed in one thing with his RICO Retread LOLsuit. He managed to see the court find that his reputation was so bad that there was no way to lower it—that he is defamation proof.

Team Kimberlin Post of the Day


For the past few days, we’ve been looking at The Dread Deadbeat Pro-Se Kimberlin’s inept presentation of his case during the Kimberlin v. Walker, et al. LOLsuit. He kept trying to bring in non-germane topics. The TKPOTD from four years ago today dealt with his attempt to bring up the legal assistance fund I started to help Tetyana Kimberlin, something that had nothing to do with alleged defamation of TDPK.

* * * * *

During last month’s Kimberlin v. Walker, et al. trial, The Dread Pro-Se Kimberlin seemed particularly interested in the help that Aaron Walker and I had provided to Mrs. Kimberlin. This was part of his questioning of Aaron Walker.

MR. KIMBERLIN: Now, you — after you helped my wife file these things, you create with Mr. Hoge, am I correct? A defense fund for my wife, to raise money for her?

MR. WALKER: That is correct.

MR. KIMBERLIN: And you hired — you raised how much? A thousand? $100 —

MR. WALKER: I don’t know. I did not — personally control the funds.

MR. KIMBERLIN: But suffice it to say, it was a fairly significant amount.

MR. WALKER: Well —

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: And you used that money to hire an attorney, another attorney, to represent my wife.

MR. WALKER: I did not use the money. As I recall, John Hoge decided to loan several thousand dollars to your wife to help her get an attorney, and as of last I heard, he’s still in the red on that.

MR. KIMBERLIN: Oh, he loaned it to her? Okay —

MR. WALKER: Well, I don’t — no. It’s not a loan to her. We were hoping that he would get it back from donors.

When he got me on the witness stand he asked me about the fund as well.

MR. KIMBERLIN: And as a result of that email thread, did you terminate the defense fund that you had raised, or started for her?

MR. OSTRONIC: Objection, your honor. I —

THE COURT: Sustained.

MR. OSTRONIC: Thank you.

MR. KIMBERLIN: Did you take any action after you received that email?

MR. HOGE: I don’t know which email you’re talking about, so I — you would have to show me the email, and then I can tell you what action I might have taken as a result of it.

MR. KIMBERLIN: Now, you with my wife after the hearing. Am I correct?

MR. HOGE: Yes.

MR. KIMBERLIN: And as a result of that meeting, you created a defense fund. Am I correct?

MR. HOGE: Not as an immediate result of that meeting. Not our first meeting. No.

MR. KIMBERLIN: Did my wife ever tell you —

MR. OSTRONIC: Objection.

THE COURT: Sustained.

MR. KIMBERLIN: Did you stop that defense fund at some point in time?

MR. HOGE: Yes.

MR. KIMBERLIN: And was that on account of her?

MR. HOGE: At her request.

MR. KIMBERLIN: And at that time, did she ask you to remove any post about —

MR. OSTRONIC: Objection.

THE COURT: Sustained. The objection’s sustained.

MR. KIMBERLIN: Your honor, it goes to malice.

THE COURT: Well, it’s hearsay. He can’t testify what she said. She’s not part in this case.

He got back around to the topic of the legal fund for his wife on redirect examination.

MR. KIMBERLIN: You’ve been to events with Mr. Akbar?

MR. HOGE: Yes.

MR. KIMBERLIN: You’ve been nominated for awards by the National Blogger’s club for writing about me. Right?

MR. HOGE: Yes.

MR. KIMBERLIN: You coordinated with Mr. Akbar to raise funds for this Tetyana defense fund. Am I correct?

MR. HOGE: He volunteered to be a contributor. He wasn’t involved in starting the fund.

Gentle Reader, I suspect that what triggered the Kimberlin v. Walker, et al. vexatious lawsuit was the help we offered Mrs. Kimberlin. Brett Kimberlin made his family issues public when he sought a protective order against his estranged wife and a peace order and criminal charges against her boyfriend. His lawfare against them backfired, and his attempt at brass knuckles reputation management by suing Aaron, Stacy, Ali, KU, and me has resulted in an extra helping of Streisand Effect.

Just wait till he sees what’s coming in the RICO Madness.

* * * * *

He did even worse in the RICO Madness case. The federal counts were thrown out for failure to state a claim, and when he refiled the state law claims in state court, he wound up being adjudicated defamation proof.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


Today’s retrospective TKPOTD is a twofer, and both deal with the same LOLsuit, the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread case. Part A is the TKPOTD from three years ago today when the case was still in Circuit Court.

* * * * *

During yesterday’s hearing in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit, Bruce Godfrey sought to appear as counsel for Mandy Nagy. Because Mandy is disabled and because The Dread Pro-Se Kimberlin has alleged that her mother is her legal representative, Judge Mason directed Mr. Godfrey to ask Mandy’s mother hire him as her lawyer so he could file his motions on her behalf.

The judge also had this to say to Kimberlin:

THE COURT: Let me ask you this as a practical matter. If what you want to do is to stop this, why sue an incompetent person? Why don’t you dismiss her, and let’s get rid of this piece of it?

MR. KIMBERLIN: I have — I been in discussion about doing that for the last couple of weeks.

THE COURT: OK, then let’s bring them end. I mean, why — why are you going to pursue an incompetent person? Strategically, how does that help you?

MR. KIMBERLIN: It has to do with removal of false content. If they remove the content, I’ll dismiss.

MR. GODFREY: Your Honor, I do not stipulate that the content — I do not agree that the content is false. But let’s assume that Mr. Kimberlin is right and I’m wrong. Miss Nagy is a stroke survivor. She is barely able to communicate according to both her mother and her stepfather.

THE COURT: OK.

MR. GODFREY: She can’t remove anything.

There are other nuances to Mandy’s situation which I can’t discuss for now. To do so risks educating the midget.

I have a CD of the court audio, and I will bringing you more interesting quotes from the hearing over the next few days.

There were some other legal issues settled yesterday that didn’t turn out the way TDPK wanted, but I can’t write about them just yet.

Stay tuned.

* * * * *

Part B is from two years later and deals with The Dread Deadbeat Pro-Se Kimberlin’s appeal.

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The Dread Pro-Se Kimberlin filed the RICO Retread LOLsuit against most of the defendants dismissed from the original Kimberlin v. The Universe, et al. RICO Madness LOLsuit in April, 2015, and I was dismissed from the Retread LOLsuit in April, 2016. Kimberlin voluntarily dismissed the remaining defendants, the National Bloggers Club, Patrick Frey, Ali Akbar, and Mandy Nagy, in June, 2016. TDPK then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.

So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.

The Court of Special Appeals took the matter under advisement in late June. Normally, they take six to eight weeks to issue an opinion, so I hope we will have a ruling soon.

Stay tuned.

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Of course, Kimberlin lost his appeal, and the Court of Special Appeal awarded me costs. And of course, Kimberlin hasn’t paid—hence his demotion from Dread to Deadbeat.

Not paying me promptly could wind up being an unwise choice.

Team Kimberlin Post of the Day


When the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit was dismissed against Michelle Malkin and Twitchy and when it was dismissed against Aaron Walker, the court found that Brett Kimberlin’s reputation so poor prior to anything the defendants had written or said about him that it could not be damaged. The court found that he is defamation proof.

Well, yes. Brett Kimberlin is the Speedway Bomber, and a convicted drug smuggler, and a perjurer—for openers. As the TKPOTD from four years ago today notes, the National Bloggers Club (II) defendants weren’t the first to write about The Dread Deadbeat Prevaricator Kimberlin.

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As part of my background research on the Dread Pro-Se Kimberlin, I dug up a bunch of the reviews of his authorized biography Citizen K from when it was published in 1996. Considering that he hasn’t let the one year statute of limitations on defamation stop him from suing me over a non-defamatory blog post written more than a year before he filed suit, TDPK may want to consider adding these media outlets to the new suit he says he’s cooking up.

New York Times—

Mr. Singer began his reporting for the book in the summer of 1993, by going back to Indiana and checking up on what Mr. Kimberlin had told him. What he learned led him, almost immediately, to the conclusion that his subject was a liar of substantial proportions.

Entertainment Weekly—

Having since decided that his subject was, in fact, lying, he’s returned to the tale and fleshed out Kimberlin’s manipulative personality.

Baltimore Sun—

Citizen K lied. Brett lied. Lied about selling pot to Quayle. Lied about everything.

Publishers Weekly—

Quayle, it now seems, deserves apologies.

Los  Angeles Times—

Singer eventually found nearly all his complaints without foundation.

By the end of this complex tale you are left regretting that Singer and the New Yorker overlooked the sound advice of a New Yorker writer of an earlier time, James Thurber. One of his fables, about a feckless horse, ends with a moral all reporters should keep close to their hearts: “Get it right or let it alone. The conclusion you jump to may be your own.”

You see, Gentle Reader, Brett Kimberlin’s reputation as a liar goes a long way back.

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Yeah, The Dread Deadbeat Prevaricator Kimberlin should allege that those publications were part of an alt-right conspiracy to smear by monkeying with the truth.

Team Kimberlin Post of the Day


One of the continuing whiney themes in The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits is that the defendants mock him. Well, yes, we do. Here’s an example of some pointage, mockery, and laughification directed at him and his RICO Retread LOLsuit. It was first posted at the TKPOTD three years ago today.

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This is from paragraph 46 of The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss filed in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.Opp2MTD_46That’s not completely truthful. Yes, I do taunt TDPK. Yes, I mock his lawfare, including the RICO Retread LOLsuit, every day. But, no, I’ve never asserted that I’m going to get TDPK imprisoned. That’s not my call. If it happens, it will be the work of a judge and/or jury or the Parole Commission.

Proverbs 28:1.

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