Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

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The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

* * * * *

No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

One of the most disgusting things I’ve seen during the legal wrangling with Brett Kimberlin has been his cruelty. The TKPOTD for six years ago today noted one of his most cruel acts, suing a defenseless stroke victim.

* * * * *

Late Monday evening, my lawyer was served with a copy of The Dread Pro-Se Kimberlin’s amended complaint in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. I will have no comment on the amended complaint until after I have reviewed it with my lawyer, except that I will note that TDPK is continuing to include Mandy Nagy as a defendant in the suit.

* * * * *

Mandy was 45 when she suffered her stroke a year before Kimberlin filed the RICO Retread LOLsuit. He knew ofher  condition when he filed. During a hearing in the case, the judge had asked him why he was suing someone who could not defend herself. Yet, he kept her in the case to the bitter end.

Mandy’s mother reports, “Her physical condition has unfortunately deteriorated somewhat, so that she has more trouble walking. But her cognitive abilities seem to have improved.”

Team Kimberlin Post of the Day

One of the recurring lies that Brett Kimberlin has told about Aaron Walker and me is that we have ever threatened him with violence. The TKPOTD for six years ago today dealt with one of the false claims he made in the RICO Retread LOLsuit.

* * * * *

This is from The Dread Pro-Se Kimberlin’s Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.ECF 1-65

popcorn4bkThese are what lawyers call conclusory allegations, that is, they are offered with no evidence to support them. TDPK makes those allegations without actually specifying when or where or how we did any of those things. Come Thursday, we’ll see what Judge Mason thinks about them as he rules on the various defendants’ motions to dismiss.

Stay tuned.

BTW, the most recent blog post that I’ve published about a trip to the range was in 2013.

* * * * *

Of course, I occasionally post pictures of targets I’ve shot. Here’s one. Deer season is coming, and this is the result of zeroing my Mossberg .243 Winchester at 200 yards with Hornady 95 gr SST ammunition.I’ve always been the worst shot in the family.

Team Kimberlin Post of the Day

While being sued by Brett Kimberlin was no laughing matter, most of his court filings were risible, The TKPOTD for six years ago today dealt with one of his sillier filings.

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Here’s the opposition to the motions to dismiss that The Dread Pro-Se Kimberlin filed in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit.

I’m going to leave the comments enabled for this post, but I ask that the Insightful Commenters please refrain from educating the midget. Let the good guys’ lawyers do that at the hearing on 3 September.

popcorn4bkI noted yesterday that TDPK claimed to have served this opposition on the 6th when it appears that he actually sent it to my lawyer on the 8th. If he really did have this opposition finished on the 6th, that may explain why he felt able to take the 7th off to haul The Dreadful Pro-Se Schmalfeldt to the peace order hearing in Westminster. Or perhaps one of the reasons this opposition is such a slapdash bit of nonsense was that he was hurrying to get it done.

Whatever. It wasn’t due to the court until 1 September, but TDPK has left the defendants’ lawyers plenty of time to get over their laughter and formulate our replies.

Stay tuned.

* * * * *

That hearing in September didn’t go well for The Dread Deadbeat Pro-Se Kimberlin. While he was given permission to amend his complaint against me in order to make an viable claim, several of the defendants’ motions to dismiss were granted—and one of the grounds for dismissal was the court finding that Kimberlin’s reputation was so bad that it was not possible to defame him, that he was defamation proof.

Team Kimberlin Post of the Day

Throughout Brett Kimberlin’s career as a pro se litigant he has sought special treatment from the courts. His shenanigans finally caused a couple of courts to take notice. He got special treatment, but not the kind he was asking for. The usual practice in the Circuit Court for Montgomery County was to have whichever judge who was sitting on a particular day handle whatever pretrial motions were being considered that day. Thus, during the pretrial phase of the Kimberlin v. Walker, et al. nuisance LOLsuit, motions were heard by at least six different judges who were not able to hear the different tales Kimberlin was telling them. That changed with the RICO Retread LOLsuit, and all motions in that and all subsequent cases involving Kimberlin were heard by Judge Michael Mason. That judge also presided at the Walker v. Kimberlin, et al. trial.

The U. S. District Court for Maryland caught on the Kimberlin and began assigning all the case he filed to a single judge as well.

Having to appear before a judge who remembered Kimberlin’s previous statements in court really began to crimp Kimberlin’s style, so he tried to have Judge Mason removed from the RICO II Retread LOLsuit. Here’s the TKPOTD for five years ago today.

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Last week, Judge Mason denied The Dread Pro-Se Kimberlin’s motion for a new judge in the RICO 2 Retread LOLsuit. Here’s the motion that TPDK filed and that the judge denied.

It’s pretty clear that TDPK is getting desperate.

* * * * *

Kimberlin has settle with a few of the defendants he’s sued since 2012, but he’s never won on the LOLsuits he’s filed since then.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and it typically hasn’t taken a judge very long to learn that it’s foolish to take Kimberlin’s word at face value. The TKPOTD for four years ago today cites one judge’s skepticism.

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The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

* * * * *

At least he’s had the good sense not to sue me for the past few years. Since 2018, he’s been suing the federal government trying to have some of his Speedway Bomber convictions set aside. He failed in the District Court. I’m monitoring his appeal.

Stay tuned.

Team Kimberlin Post of the Day

Today is the ninth anniversary of Everybody Blog About Brett Kimberlin Day. One of my posts that day was Patterico Tells His Story.

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Go read it.

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While I hold the record for being the most sued defendant during Kimberlin’s lawfare campaign, Patterico endured the longes single case. It took 18 months for most of the Kimberlin v. National Bloggers Club, et al. (i) [aka Kimberlin v. The Universe, et al.] RICO Madness LOLsuit for be dismissed, but the remaining Kimberlin v. Frye RICO Retread LOLsuit took more than another two years to get to a summary judgment in Patterico’s favor.

Team Kimberlin Post of the Day

This post titled Electronic Harassment? ran six years ago today after Tetyana Kimberlin filed a false Application for Statement of Charges against me alleging that I had engaged in electronic harassment of her elder daughter. Brett Kimberlin has previously filed a bogus peace order petition against me on behalf of Tetyana’s daughter, but the petition had been denied in both the District and Circuit Courts. Kimberlin’s PR flack Bill Schmalfeldt announce the resulting criminal case.

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@GrouchyOldLib201505211659ZI received a summons from the District Court in Rockville to appear on 2 July so that I can be served with a charging document and be advised of my rights. The summons states that there will be a preliminary inquiry and that I will be advised of a future date for a trial if probable cause is found that I may have committed whatever I’m charged with.

I do not plan to make any further substantive public comment on this matter until after I have seen the actual charging document(s) and reviewed them with counsel.

* * * * *

When the complaint for this was was filed, the appeal of the Kimberlin v. Walker, et al. case was still in process, the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness case had devolved into the Kimberlin v. Frey RICO Remnant case, and the Kimberlin v. Hunton & Williams, et al. RICO 2: Electric Boogaloo and Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuits were still hadn’t been dismissed or gone to summary judgment. However, all those civil case were clearly going poorly for The Dread Deadbeat Pro-Se Kimberlin, so the fake criminal complaint was a last gasp attack on me.

Of course, it failed as did all his LOLsuits. Indeed, I never had to respond to the summons because the charge was dropped for lack of evidence before the date of the hearing.

Team Kimberlin Post of the Day

Brett Kimberlin has made some amazingly stupid statements in the course of his campaign of lawfare. The TKPOTD from six years ago today detailed one of them.

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The Dread Pro-Se Kimberlin has told Judge Hazel that he (the judge) found that Kimberlin’s state law claims were viable. He included this line describing his version of the court’s finding in his most recent letter to the court.ECF 274-p1IANAL, so I’m not sure of the correct legal term is for such a statement, but in engineering it would be referred to as bullshit. The court made no such finding. Here’s what Judge Hazel wrote.ECF 263-p34res_judicata_mugsJudge Hazel’s saying that the state law claims were outside of his jurisdiction and that he intended for the federal court to mind its own business is not the same thing as saying those claims are valid. Indeed, he expressed no opinion on the state law claims other than to note that they might be barred by “res judicata and/or collateral estoppel.” Meanwhile, Maryland Rule 2-101(b) allows a 30-day window to file the claims in a state court after the dismissal by a federal court for lack of jurisdiction. Time is up at close of business on Thursday. If TDPK does file something before the window closes, I look forward to using that suit as further evidence of his vexatiousness.

Tick, tock.

* * * * *

Wishful thinking cannot bend Reality.

Team Kimberlin Post of the Day

Seven years ago today was a busy day here at Hogewash! which resulted in the posting of Team Kimberlin Bonus Post of the Day.

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RICOMadnessThe Dread Pro-Se Kimberlin has filed a combined response to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.BK_ECF29-14As the Gentle Reader might suspect, that mischaracterizes our arguments. I’ve argued that Brett Kimberlin, a convicted serial bomber, has been convicted of multiple infamous crimes and is, therefore, a public figure in the same sense as other convicted bombers such as Ted Kaczynski or Timothy McVeigh. I believe his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is so bad as to render him defamation proof.

Even Bill Schmalfeldt understood that TDPK has a lousy reputation.

Sat Jun 16 22:27:31 +0000 2012, liberalgrouch, 214122056504184832, @Prepostericity If your point is that Kimberlin is a scumbag, I’m way ahead of you on that.  Said so in my blog weeks ago.  I could do

Sat Jun 16 22:28:26 +0000 2012, liberalgrouch, 214122288910577664, @Prepostericity without the condescending bullshit from a fellow blogger, if you don’t mind.  …

#Fail

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Eventually, Judge Mason concurred with my argument that Kimberlin was defamation proof when he found that to be one of the reasons why The Dread Deadbeat Pro-Se Kimberlin had failed to state a claim upon which relief could be granted and dismissed the RICO Retread LOLsuit in state court.

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.

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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?.

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I’ve had several requests to explain the various court cases that are referenced here on Hogewash!, so here’s a more or less complete list of the current cases relating to Brett Kimberlin.

Kimberlin v. Walker, et al. was filed by The Dread Pro-Se Kimberlin on 30 August, 2013, in the Circuit Court for Montgomery County against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. It alleged all sorts of frivolous claims. The two persons TDPK claimed were Kimberlin Unmasked settled the case with him. Five of the seven claims against the rest of us were dismissed on summary judgment. We went to trial on his claims of defamation and false light invasion of privacy. After TDPK rested his case, the judge entered a directed verdict in the favor of the defendants because not a “scintilla” of evidence had been produced that we had defamed him or invaded his privacy. He has appealed the case to the Maryland Court of Special Appeals.

Kimberlin v. National Bloggers Club, et al. (I) was filed in U. S. District Court on 15 October, 2013, initially against 21 defendants, including me. It is also known around here as the Kimberlin v. The Universe, et al. RICO Madness. The second amended complaint added three more defendants. Four of the defendants settled with TDPK. On 17 March, 2015, all but one claim against one defendant were dismissed. The federal claims were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in state court. The case is still alive and is now called Kimberlin v. Frey. I often refer to it as the RICO Remnant. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. He appeal was dismissed.

TDPK did refile the state law claims from the RICO Madness in the Circuit Court for Montgomery County. It’s formally known as Kimberlin v. National Bloggers Club (II), but around here it’s called Kimberlin v. Most of the Universe, et al. RICO Retread—Most of the Universe because TDPK dropped several of the RICO Madness defendants.

The day before almost all of the RICO Madness case was dismissed, TDPK filed Kimberlin v. Hutton & Williams LLC, et al. which names me among the 19 defendants. I’ve taken to calling it Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo.

Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.

The serious pushback against Kimberlin’s lawfare is beginning. Aaron Walker as filed a suit know as Walker v. Brett Kimberlin, et al. The et al. is Tetyana Kimberlin. More consequences are in the pipeline.

* * * * *

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.

* * * * *

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.