Brett Kimberlin has made almost all of his false statements about me in court filings because statements made in that context are privileged and can’t form the basis of a claim for defamation. The TKPOTD for eight years ago today was a fishing of one set of claims he made in the first RICO LOLsuit that include me as a defendant.
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In the Second Amended Complaint of his Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin has accused me of the following:
From paragraph 76: Virtually every time Plaintiff appears in Court, Defendants Walker and Hoge have stalked him, and Plaintiff fears that Defendant Walker will assault him again. Both Defendants Walker and Hoge constantly write blog posts, some with photos of their shots at the shooting range, stating how they are armed and dangerous and will not hesitate to use their weapons against Plaintiff. Plaintiff has witnessed Defendants Walker, Akbar, McCain, Frey and Hoge attack anyone online who questions their conduct, and at least one reporter has received many death threats after writing about the Defendants.
<fisking>In July, 2013, TDPK tried to have Aaron Walker and me ejected from a courtroom where a set of peace order and protective order hearings to which he was a party were about to begin. Judge Mitchell informed him that we were entitled to be at an open court session.
I’ve never threatened violence to anyone on this blog. I don’t intend to.
If someone has received a death threat, TDPK should make sure that it has been reported to an appropriate law enforcement agency.</fisking>
From paragraph 77: Defendants Akbar, Hoge, Walker, Thomas aka KimberlinUnmasked and McCain have continued to defame and publicly attack Plaintiff after the filing of this Complaint with thousands of tweets and blog posts falsely calling Plaintiff a swatter and stating that he caused Defendant Walker’s termination.
<fisking>I have reviewed every reference to SWATing published here at Hogewash!, and I cannot find a single instance where I have called TDPK a SWATter. I have referred to his involvement in Aaron Walker’s losing his job. BTW, that came up as in the state case, and TDPK was not able to show that what Aaron’s claims is false. Collateral estoppel should apply to any RICO Madness claim relating to Aaron’s firing.</fisking>
From paragraph 80: Defendants Walker, Hoge, Frey and Stranahan condemned Judge Vaughey online which resulted in the judge being targeted by having his home phone number and address posted online, causing the head of courthouse security to provide special security for him. Defendants Walker and Hoge called on their followers to contact Montgomery County States Attorney John McCarthy and demand that he arrest and prosecute Plaintiff based on their false narratives. In March 2013, Defendants Hoge, Walker, McCain and Stranahan launched “Everyone Blog About Howard County (Maryland) State’s Attorney Day,” which resulted in threats by phone and email to the State’s Attorney over a period of several weeks.
<fisking>TDPK can show no causal relationship between my criticism of Judge Vaughey’s decision to ignore a Supreme Court precedent and grant an unconstitutional peace order and any alleged actions that might have been taken by third parties. I have never contacted State’s Attorney McCarthy demanding TDPK’s arrest. I have asked why the Montgomery County State’s Attorney’s Office has ignored Brett Kimberlin’s blatant perjury, but I have never received a reply. The Howard County State’s Attorney’s Office has never confirmed to me that they received any threats as a result of Everyone Blog About the Howard County State’s Attorney’s Office Day.</fisking>
From paragraph 138: On June 8, 2012, Defendant Hoge, who lives in Maryland, wrote a letter to a Congressman in Maryland and imputed that Plaintiff was involved with swattings, that he should be investigated by the FBI and sent to prison. Defendant Hoge published that letter along with a blog post.
<fisking>Yes, I wrote a letter to Congressman Van Hollen. It doesn’t say anything about the FBI, and it doesn’t accuse TDPK of SWATting. Even if the letter were defamatory, and it isn’t, the statute of limitations on defamation had run out by the time TDPK filed his lawsuit.</fisking>
From paragraph 139: Since the filing of the original complaint in this case, Defendant Hoge has published hundreds of blog posts and tweets defaming Plaintiff and accusing him of crime after crime. In fact, the majority of his Hogewash.com blog is dedicated to attacking, cyber stalking and harassing Plaintiff, his family and anyone who supports Plaintiff, including reporters, judges and prosecutors.
<fisking>This blog brings up Brett Kimberlin or one of his associates every day and will continue to do so until he has been brought to justice. Hogewash! has never attacked members of his family, legitimate reporters, judges, or prosecutors.</fisking>
From paragraph 143: Defendants McCain, Walker, Frey, Stranahan, Hoge, DB Capitol Strategies, and Akbar raised and continue to raise money on their websites based on their false narrative about the swattings.
<fisking>As mentioned above, Hogewash! has never accused TDPK of SWATting, but the Gentle Reader should feel free to hit the Tip Jar anyway.</fisking>
From paragraph 156: These Defendants, including Malkin, Hoge, Walker, Ace, Thomas, McCain, Akbar and Frey, egg on their commenters and ask them to get involved, post comments and tweets, demand that Plaintiff be investigated and incite their readers to engage in vigilante action directed at Plaintiff in Maryland.
<fisking>I do encourage the Gentle Readers to get involved. However, as I have said before, I am strictly opposed to any vigilante action directed toward Brett Kimberlin or any other member of Team Kimberlin.</fisking>
From paragraph 186: Other forms of retaliation were the battery of Plaintiff by Defendant Walker; the filing of false criminal charges, peace orders and frivolous civil suits against Plaintiff by Defendants Walker and Hoge; attempting to extort a settlement from Plaintiff in exchange for dismissing a malicious federal lawsuit by Defendants Walker, Backer and DBCapitol Strategies; publishing defamatory stories accusing Plaintiff of swatting; repeatedly threatening Plaintiff with imprisonment based on false narratives; and threatening Plaintiff’s family.
<fisking>TDPK’s allegation of battery was shown to be false over two years ago. He should give it a rest. His thing about false charges, peace orders, and civil suits was found to be meritless by Judge McGann during the 1 July hearing. Collateral estoppel strikes again.</fisking>
From paragraph 249: Defendants Walker, Hoge, McCain and Ali have stalked Plaintiff in public places. Defendants Walker, Hoge and DB Capitol Strategies have filed numerous false criminal and civil actions against Plaintiff over a two-year period, all which have been dismissed or denied. Defendants Hoge, Walker and some of the other Defendants publish daily taunts against Plaintiff and mock this suit with daily posts on their blogs, and continually assert that they are going to get Plaintiff imprisoned. They have attacked Plaintiffs employer and those who donate to that non-profit The Defendants have tried to get Plaintiff fired. They have attacked Plaintiffs wife and teenage daughter and even reporters who have written favorably about Plaintiff. They have even attacked prosecutors who have refused their frivolous charges, Defendant Walker has even imputed in a recent blog post that Plaintiffs teenage daughter is fair game for destruction because of “corruption of blood.”
<fisking>This blog has never attacked any member of Brett Kimberlin’s family. It does engage in mocking him.</fisking>
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That post was from 2014. In 2015, Tetyana Kimberlin filed the false Application for Statement of Charges alleging that I had harassed her older daughter. With that, Tetyana Kimberlin became an active member of Team Kimberlin, and I have written about her participation in her husband’s schemes.