Team Kimberlin Post of the Day


Being in the crosshairs of Team Kimberlin’s campaign of lawfare has had its ups and downs. The TKPOTD from four years ago today chronicled one of the better weeks, the first week of May, 2016.

* * * * *

O. K., let’s review this past week.

On Monday, we found out that The Dread Pro-Se Kimberlin had filed a notice of appeal with the Fourth Circuit Court of Appeals in the Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit and that he had filed a RICO 2 Retread LOLsuit for his federally dismissed state law claims in the Circuit Court for Montgomery County. Also, the MoCo Circuit Court sent TDPK a Rule 2-507 letter informing him that he had 30 days to explain why the first RICO Retread case shouldn’t be dismissed against the National Bloggers Club, Ali Akbar, and Patrick Frey for failure to serve them with a summons and complaint. And Judge Hazel denied Kimberlin’s motions for relief from judgment and stay of judgment in the RICO 2 LOLsuit. The week was off to a good start, and to top Monday off, I filed a request for fresh summonses for Brett and Tetyana Kimberlin and Matt Osborne who have been evading service of process in the Hoge v. Kimberlin, et al. lawsuit.

Tuesday was a quiet day, but I did retain counsel to represent me in the Fourth Circuit just in case TDPK includes me in his appeal of the RICO 2 LOLsuit.

murum_aries_attigit_mugWednesday, the joint reply from the defendants to the Cabin Boy’s™ opposition to their motion to dismiss his LOLsuit VI: The Undiscovered Krender was filed, pointing out how Schmalfeldt utterly failed to address the points made in their motion. Also, the Cabin Boy’s™ reply to my opposition to his motion to dismiss appeared on the docket in the Hoge v. Kimberlin, et al. case. It concludes with a stunning run on sentence—which leads me to offer the following prize. I will send a Murum Aries Attigit coffee cup to the first person who sends me a graph showing that sentence properly diagrammed. Use the email address on the DMCA Contact page. Void where prohibited. Your mileage may vary.

Thursday … ah, Thursday, a day to be savored! There was a hearing before Judge Mason on a couple of motions in the Walker v. Kimberlin, et al. lawsuit. The first was the Kimberlins motion for summary judgment. Of course, it failed. There were material facts in dispute, so a summary judgment was not appropriate. The second was Aaron Walker’s motion for a default judgment because the Kimberlins had failed to answer his complaint in a timely manner. That motion was granted—mostly. The judge has stayed issuing his order until close of business next Friday. It may be that there’s nothing left for this case except for a hearing on damages. Also, the Kimberlins were personally served with the summons and complaint for the Hoge v. Kimberlin, et al. suit. Finally, I confirmed that I am not named as a defendant in the RICO 2 Retread LOLsuit, but I did receive notice from the Fourth Circuit of TDPK’s appeal. We shall see if he’s stupid enough to name me as an appellee.

On Friday, these were filed with the Circuit Court for Carroll County—

Not a bad week, all in all.

* * * * *

It turned out that The Dread Deadbeat Pro-Se Kimberlin did include me in his appeal of the RICO 2 LOLsuit, and he wound up being sanctioned for doing so.

I find it satisfying when things proceed as I foresee.

BTW, no one ever sent me a proper diagramming of that sentence (found here). The offer of a coffee cup is still open.

Team Kimberlin Post of the Day


The whole point of Brett Kimberlin’s campaign of lawfare was to silence people who were telling the truth about him. The TKPOTD for three years ago today showed one of the many ways that the facts simply aren’t on The Dread Deadbeat Pro-Se Kimberlin’s side.

* * * * *

In the Kimberlins’ reply to my opposition to their “corrected” motion for summary judgment in the Hoge v. Kimberlin, et al. lawsuit, The Dread Pro-Se Kimberlin said that he had ordered copies of transcript for the Walker v. Kimberlin, et al. trial to use as evidence against me. He said the he’d have his copies on 1 February. I’ve had my copies for almost a week now, and I’ve been checking to see that the transcriptions from the court audio I included in my filings are accurate. They are.

For example, here’s the portion of the transcript from the third day of the trial where Judge Mason calls out Brett Kimberlin for lying to the jury.day3transcriptaday3transcriptb

The transcripts don’t support any of TDPK’s assertions about what happened during the Walker trial. They do support what I’ve told Judge Hecker. I look forward to TDPK introducing them into the record in my lawsuit.

Everything is proceeding as I have foreseen.

* * * * *

All of his LOLsuits filed since the beginning of 2012 have been dismissed, except for one that he lost because he failed to present any evidence to support his claims.

Failing failures gotta fail, and lying liars gotta lie.

Team Kimberlin Post of the Day


While Brett Kimberlin hasn’t won any of the LOLsuits he’s filed since the beginning of 2012, he has managed to escape completely losing several civil suits filed against him. In 2016, he managed to skate by in the Walker v. Kimberlin, et al. case, but reading the TKPOTD from three years ago today shows it was a pyrrhic victory.

* * * * *

Originally, Judge Mason ruled that information about most of Brett Kimberlin’s criminal record would not come into evidence in the Walker v. Kimberlin, et al. trial because in might be more inflammatory than probative. That changed during The Dread Pro-Se Kimberlin’s cross examination of Aaron Walker. This exchange occurred while the jury was out of the courtroom:

THE COURT: Ah, with respect to the bombing, as I discussed yesterday, you have now opened the door to that —

MR. KIMBERLIN: Alright, well I —

THE COURT: — my law clerk went back to the record this morning and listened and confirmed, and, ah, can read into the record if you like, but the record is what it is.

MR. KIMBERLIN: OK. Well, then I’m going to explain that then at the beginning, you know, and you know if we want to get into the bombing case, then I need to explain that.

THE COURT: That’s fine. Well, —

MR. KIMBELIN: You know —

THE COURT: You have opened the door to it —

MR. KIMBERLIN: Alright.

THE COURT: — by telling the jury that you were, what exactly did he say, Ben?

LAW CLERK: Mr. Walker has accused me of criminal charges on his blog or in tweets of many, many crimes. I’ve never been arrested for any of those crimes. I have never been prosecuted for any of those crimes. I’ve never been sentenced for any of those crimes.

THE COURT: OK, and that specificly is not true.

MR. KIMBERLIN: Well, the way, OK, if you isolate it, but the sentence before that, I believe that I was talking about sex offense.

THE COURT: I don’t believe that the sentence before. At some time before —

MR. KIMBERLIN: Alright —

THE COURT: — you were talking about sex.

MR. KIMBERLIN: I’m going to clean that up.

THE COURT: Fine.

MR. KIMBERLIN: If you let the bombing case in, I’m going to explain that the bombing case that I sued for false imprisonment, that I had a settlement with the Department of Justice, that I don’t have the case any more. I’m not on parole. That it was the first case ever to, to, I mean that it was the last case in the history of the United States to be allowed to use hypnosis. You want me to —

THE COURT: No.

MR. KIMBERLIN: –this whole —

THE COURT: No, we are not getting into all that.

MR. KIMBERLIN: OK, then don’t get into the conviction.

THE COURT: Don’t tell me what to do. OK? You have made the fact of the bombing case admissible because you have misled the jury by saying you were never prosecuted, convicted, or sentenced for any crime that he blogged about. And one of the primary crimes he blogged about initially, the reason he refers to you as a terrorist has to do with this bombing. I kept it out because I felt that, potentially, it was more inflammatory that it was probative, although, frankly, I felt that probative because I felt that it explained why, as you say, he’s obsessed with you. That’s a fairly unusual crime. But in trying to be fair, I kept it out. You took the stand and told the jury, basically, you had never been convicted, as I say, you’d never been sentenced, never spent time. In addition to which, you volunteered in your statement to the jury when you’re describing yourself for your background that you committed or you had some trouble or you did some things wrong when you were a juvenile. But that’s sort of all, and you referenced the perjury, that’s sort of all behind you. So you leave the jury with the impression that as a young kid you made a false statement and did your time and there’s nothing else there, which also I think is potentially misleading.

The Kimberlins may have won the Walker lawsuit, but at what price? The jury found that they lied. They are now adjudicated liars.

Maybe TDPK should start posting a Breitbart Unmasked Bunny Billy Boy Unread as Pyrrhus of Epirus.

A couple more things … nothing in the verdict or Judge Mason’s ruling based on the jury’s verdict should be interpreted as saying that it is permissible to lie in his courtroom. As a matter of law, he had to strike the statements that the jury found were lies and add the withheld information that jury found should have been present. Given what the jury gave him to work with, his ruling was not unreasonable. Too much of the Applications for Statement of Charges remained intact. I believe the Judge did the best he could with the jury’s verdict. Also, the transcript puts a great deal of admitted and proven facts on the record. While the Walker jury did not pick up on them, I did.

* * * * *

In rereading that post, I noted a couple of lies that The Dread Deadbeat Pro-Se Kimberlin told the court. One was his claim to have sued the DoJ for false imprisonment. I can find no record of such a suit. I can find no record of any settlement. If they existed and were sealed, the case captions would still exist on the record. Because I can’t find any evidence to support this perjurer’s testimony, I have concluded he is lying.

It’s also not true that TDPK is not on parole. In 2006, he successfully completed five years of supervised parole, and he was released from supervision. However, according to his parole records which a member of the Vast Hogewash Research Organization obtained via a Freedom of Information Act request, Kimberlin’s sentence expires in 2030.

BTW, I wish he had made that claim about his parole status in front of the jury. His parole records were on hand in the courthouse for rebut his claim.

Team Kimberlin Post of the Day


I first published this bit of Brett Kimberlin’s testimony under oath during the Walker v. Kimberlin, et al. trial in the TKPOTD two years ago today.

* * * * *

This was part of Aaron Walker’s cross examination of The Dread Pro-Se Kimberlin during the Walker v. Kimberlin, et al. trial.

MR. WALKER: Now, remind me, if you will, what you do for your charities.
MR. KIMBERLIN: I run a non-profit Justice Through Music, and we work with, ah, famous bands and artist to get young people involved with civic participation. We, ah, we also work with, ah, dissidents around the workd to get them, um, their message out to the general public. We work with, um, a lot of voting registration groups. We, um, registered literally hundreds of thousands of young people to vote over the years. Um, we have been very much involved, um, with making sure that voting machines are, are not hackable and that their, um, they provide and accurate reading. We were very involved with making sure that, ah, Maryland, ah, got away from the electronic voting machines and changed over to the paper ballots, ah, that I believe they used this year for the first time in, um, Maryland. And, um, we have, ah, we have a lot of [unintelligible] campaigns. For example, we had a campaign called “Iran“, um, “Iran Now”, um, during the Green Revolutionin, in Iran. Ah, We’re doing a lot of, of, because my wife’s from Ukraine, we’re doing a lot of, ah, work with Ukraine. Right now, I’m working with, ah, Congressmembers, um, on legislation to protect the vote. I’m working with the Department of Justice right now to, ah, to protect, ah, this coming election. There’s a lot of information about hacking by Russian, and our team that works for me are, are specialists in hacking and, ah, electronic cyberhacking and things like that. So we are probably one of the foremost groups in, in the country on that.

Hmmmm.

* * * * *

Now, the Gentle Reader may want to take The Dread Deadbeat Pro-Se Kimberlin’s claims about working with the DoJ with a grain of salt. He’s been know to lie. OTOH, he offered that testimony in October, 2016, just before he filed his Kimberlin v. Breitbart, et al. RICO 3 LOLsuit and just before the election he probably expected Hillary Clinton to win.

What would be the significance of Brett Kimberlin’s telling the truth about working with the DoJ to “protect” the 2016 elections?

Team Kimberlin Post of the Day


The appeal of the Walker v. Maryland, et al. lawsuit is before the Maryland Court of Special Appeals. I have not done much reporting on the course of that appeal because I have been working with Aaron Walker as his paralegal. I know too much about the case, and I did not want to divulge too much to the adverse parties with a slip of the keyboard. There will be no more briefing on the case after today, so I’m going to begin reporting what I know.

The appellees in the case are the State of Maryland and Brett and Tetyana Kimberlin. Originally, Aaron sued the State seeking to have the laws that he had been falsely charged under declared unconstitutional. The Kimberlins were added as defendants in devolved into a malicious prosecution claim. When Judge Mason found the laws constitutional and dismissed the case against the State, he ordered the case severed into two separate cases so that the claim against the Kimberlins could continue, but the Clerk of the Circuit Court has refused to obey that order. Thus, what should have been two separate appeals is one.

Today, we’ll take a look at the underlying facts of the case. Tomorrow and the next day, we’ll take a look at the cases against the two sets of appellees.

In July, 2013, Brett and Tetyana Kimberlin were estranged from each other. After Brett (I will refer to the Kimberlins by their first names for simplicity) sought a protective order against his wife and filed a bogus petition for an involuntary psych evaluation of her, Aaron Walker offered her pro bono legal assistance and, working with me, arranged for her to have representation by a Maryland lawyer. In an apparent attempt at revenge for Aaron’s helping Tetyana, Brett filed a false Application for Statement of Charges which resulted in Aaron being charged with harassment under Maryland Criminal Law § 3-803. The basis of the charge was that Aaron had written about Brett on Twitter and his blog. The charge was dropped.

As the Gentle Reader who has followed this blog for a while knows, Brett continued his lawfare against Aaron and others, including me. In March, 2015, he filed a bogus peace order petition against me which was denied by both the District and Circuit Courts. The basis of his petition was that I had allegedly harassed Tetyana’s elder daughter by writing about Brett on this blog. Rather than appeal that petition further, he drafted and Tetyana filed false Applications for Statement of Charges against Aaron and me which resulted in our being charged with online harassment of a minor under Maryland Criminal Law § 3-805(b)(2). Those charges were dropped.

Aaron sued the State of Maryland, claiming that the State was acting as Brett’s catspaw in the suppression of his First Amendment rights and that the laws being used were unconstitutional. The Circuit Court ruled that Aaron did not have standing his suit as it was originally drafted, but allowed him to amend his complaint. The Kimberlins were added as defendants. As noted above, Judge Mason found the laws constitutional and dismissed the case against the State. The case went to trial against the Kimberlins, and the Court found that they had probable cause to file their complaints. Aaron is appealing the finding that §§ 3-803 and 3-805 are constitutional and certain procedural errors during the trial.

Tomorrow, we’ll take a look at Aaron’s constitutional challenge to Maryland’s harassment statutes and how they can have the effect of chilling free speech on the Internet.

UPDATE—2018 JAN 03 05:03:33 UTC tag/walker-v-kimberlin-et-al
2018 JAN 03 05:03:48 UTC tag/graces-law
2018 JAN 03 05:13:39 UTC tag/tetyana-kimberlin

Team Kimberlin Post of the Day


In the false Applications for Statement of Charges that The Dread Pro-Se Kimberlin filed against Aaron Walker and me in 2013, he stated that Tetyana Kimberlin has “a long history of mental illness,” and it appears from the transcript of one of the bench conferences during the the 2014 Kimberlin v. Walker, et al. trial that he intended to have Tetyana’s daughter testify to her mother’s alleged mental problems.

THE COURT: … but you’ve got to understand something, you are the party in this case, not your daughter. She’s not a party here.

MR. KIMBERLIN: I understand, but I need to put on, I need tho put this information on and I ask you to let me put this information on. She was listed as a witness.

THE COURT: The problem is what did she witness?

MR. KIMBERLIN: Well she witnessed the bipolar and present activity of my wife.

THE COURT: A 15-year old is not competent to testify about any bipolar —

MR. KIMBERLIN: Well she can testify —

THE COURT: That’s subject to an expert witness.

Kimberlin v. Walker, et al., Case No. 380966V, Transcript (Md. Cir.Ct Mont. Co. Aug. 12, 2104) at 48.

Of course, he wasn’t able to get away with that sort of claim when he and his wife were codefendants in the Walker v. Kimberlin, et al. trial.

MR. KIMBERLIN: Oh, the July 30th charges against you? I don’t believe that made any false statements. You know, in retrospect, I regret using the term mental illness. I’m not a doctor.

MR. WALKER: With regards to who, sir?

MR. KIMBERLIN: I’m not a doctor.

MR. WALKER: With regards to who? Who were you calling mentally ill?

MR. KIMBERLIN: My wife.

Walker v. Kimberlin, et al., Case No. 398855V, Transcript (Md. Cir.Ct. Mont. Co. Oct. 13, 2016) at 78.

[redacted]

Team Kimberlin Post of the Day


I’ve been going through the evidence that Brett Kimberlin introduced in his defense during the Walker v. Kimberlin, et al. lawsuit. (Tetyana Kimberlin did not introduce any evidence during that trial.) The Dread Pro-Se Kimberlin has mentioned a “hundred page” report “requested by the Montgomery State’s Attorney’s Office in several of the papers he’s filed in the Hoge v. Kimberlin, et al. lawsuit. I turns out that he introduced a copy in Aaron Walker’s case.

I’m not going to post the whole thing. First, there are things in it that would invade the privacy of one or more third parties. Second, it would be a colossal waste of bandwidth.

I did find that the Kimberlins raised one important question on page 10 of their report—

What More Does This [States’s Attorney’s] Office Need To Prosecute Hoge and Walker?

Reading their report, it’s pretty obvious what was missing, evidence showing that there was probable cause that a crime was committed. That’s the same thing that was missing from their Applications for Statement of Charges.

Meanwhile, we’re at T-minus 12 days and counting.

Team Kimberlin Post of the Day


Here’s one more example of The Dread Pro-Se Kimberlin’s ineptitude in the courtroom. During the District Court hearing for the peace order petition he filed against me in 2015, he tried to use tweets sent by someone else with my name attached to them as evidence that I had commented on a post about Tetyana Kimberlin’s elder daughter. I didn’t authenticate the tweets during the District Court trial, and he tried to recycle them during the Walker v. Kimberlin, et al. trial last year.

MR. KIMBERLIN: I’m going to show you Exhibit 31.

MR. HOGE: Oh, yeah, these are the forged comments that you tried to introduce in the peace order hearing back in March of 2015.

MR. KIMBERLIN: Do you recognize that one?

MR. HOGE:  I–

THE COURT: He just said that they’re forged, so he can’t authenticate them.

MR. HOGE: I cannot authenticate it; they’re forged.

THE COURT: Give them to the clerk, please, they’ve been marked.

Failing failures gotta fail.

T-minus 6 days and counting.

Team Kimberlin Post of the Day


Yesterday, I gave the Gentle Reader an example of The Dread Pro-Se Kimberlin’s courtroom incompetence that showed his routine failure to be able to tie the imagined causes to fantasized effects. Today, will look a one of the kinds of problems he has getting documents admitted into evidence.

This exchange occurred during the Walker v. Kimberlin, et al. trial last October when TDPK tried to introduce a blog post by Aaron Walker into evidence:

MR. KIMBERLIN: May 20th — this is Exhibit 49 — May 20th, 2012, Brett Kimberlin news roundup, documenting the Streisand effect. I’d like to explain the Streisand effect.

MR. WALKER: Objection. Is he an expert witness on this?

THE COURT: Sustained.

MR. KIMBERLIN: Okay.

Now, if anyone can be an expert on the Streisand Effect, Brett Kimberlin should be qualified, but by bring it up in the way he did, he painted himself into a corner. By showing that Aaron was writing about the Streisand Effect blowback that TDPK was experience as a result of his attempts to use the courts to censor information on the Internet, Kimberlin was opening himself up for a line of cross examination which might have been quite fruitful. He was lucky that the court sustained Aaron’s objection and that he didn’t try to argue to get the post in.

OTOH, it was probably good for Aaron to object as a way of keeping one of Kimberlin’s distraction out of the sight of the jury.

T-minus 11 days and counting.

Team Kimberlin Post of the Day


I’ve been reviewing the transcripts of various trials and hearings involving The Dread Pro-Se Kimberlin. One of the main weaknesses in his cases is his apparent inability to construct logical arguments showing a cause-and-effect relationship between the damages he claims to have suffered and imagined actions of the adverse parties in the cases.

This exchange from TDPK’s testimony during the Walker v. Kimberlin, et al. trial last year is a good example of the sort of unsubstantiated claims he makes. Kimberlin had been trying to tell the jury about how Aaron Walker had placed the Kimberlin family under siege, and Judge Mason as been sustaining objection after objection because no factual basis is being offered for TDPK’s testimony. (Note: Aaron Walker was not one of the founders of the National Bloggers Club, and it was founded and operating before Kimberlin began attacking bloggers such as Aaron Walker.)

THE COURT: Again, Mr. Kimberlin, until you link it to Mr. Walker, I sustain the objection. So, you can tell us about anything that Mr. Walker did, or something that somebody else has acknowledged that they did in concert with Mr. Walker. That is, Mr. Hoge’s the only person we heard from, so Mr. Hoge acknowledged.

MR. KIMBERLIN: All right. Mr. Walker is a founding or a member of a group called the National Bloggers’ Club. The National Blogger’s Club is a group of conservative bloggers. It was formed to target me.

MR. WALKER: Does he have —

MR. KIMBERLIN: Mr. Walker has already —

THE COURT: Wait one sec.

MR. WALKER: What is the foundation?

MR. KIMBERLIN: — testified about this —

THE COURT: Wait one second.

MR. WALKER: What is the foundation?

THE COURT: Wait one second.

MR. WALKER: What is the foundation for that claim?

THE COURT: Okay. So, you’re saying that Mr. Walker formed National Blogger’s Club?

MR. KIMBERLIN: Mr., Mr. Walker has already testified on —

THE COURT: I’m sorry. Did he testify here in court?

MR. KIMBERLIN: — in court today, you know, that he received at least $5,000, I believe he said, or —

MR. WALKER: No.

MR. KIMBERLIN: — thousands of dollars.

THE COURT: $2,000, I believe he said.

MR. KIMBERLIN: Whatever.

MR. WALKER: No, not on that.

MR. KIMBERLIN: From the National Blogger’s Club, and that he has a donate button on his front page —

THE COURT: Correct.

MR. KIMBERLIN: — that donates to the National Blogger’s Club.

THE COURT: Correct.

MR. KIMBERLIN: So–

THE COURT: Okay. But if that’s the foundation, I sustain the objection.

TDPK is correct about one thing. All of the cases involving him deal with false narratives. But he’s wrong about who created them.

Team Kimberlin Post of the Day


It’s time for another status report on The Dread Pro-Se Kimberlin’s lawfare and the pushback Team Kimberlin is experiencing. This report will only deal with the cases that are still at least somewhat alive.

The original Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit is in limbo pending the resolution of the leftover Kimberlin v. Frey RICO Remnant LOLsuit in the U. S. District Court for the District of Maryland. Kimberlin has filed his motion for summary judgment in the Frey case, and Patterico’s response and cross-motion are due on Wednesday. The last of the filings related to summary judgment in the Frey suit are due not later than 17 March. TDPK has said that he will appeal National Bloggers Club (I) to the Fourth Circuit Court of Appeals when the Frey case is over in the District Court.

The Kimberlin v. Hunton & Williams, et al. (I) RICO 2:Electric Boogaloo LOLsuit Appeal was dismissed by the Fourth Circuit Court of Appeals, and TDPK is running out of time to file a petition for a writ of certiorari with the Supreme Court. It should be thoroughly dead in a few weeks. The Court of Appeals awarded a $600 sanction against TDPK for filing a frivolous appeal against me. He hasn’t paid yet. Steps are being taken assure the debt is collected.

The Kimberlin v. Hunton & Williams, et al. (II) RICO 2 Retread LOLsuit is now officially dismissed with prejudice by the Circuit Court for Montgomery County. TDPK has a few more days left to file a notice of appeal.

The Kimberlin v. National Bloggers Club, et al. (II) RICO Retread Appeal is in the Maryland Court of Special Appeals. The appellees’ briefs have been filed. The TPDK now has a few days to file a reply brief, and then it’s up to the court to rule.

Aaron Walker has filed a notice of appeal in the Walker v. Kimberlin, et al. lawsuit. The initial mechanics of moving the case record from the Circuit Court to the Court of Special Appeals are going forward.

The Hoge v. Kimberlin, et al. lawsuit is now in the discovery phase. Both Brett Kimberlin and Bill Schmalfeldt appear to have blown off some of their obligations in discovery. Judge Hecker has ordered TDPK to show cause why he should not be found in contempt. Time is running out for Schmalfeldt to avoid … well, let’s just say time is running out.

Stay tuned.

UPDATE—One of my codefendants in the RICO Madness LOLsuit comments …rsmccain20170219

Team Kimberlin Post of the Day


In the Kimberlins’ reply to my opposition to their “corrected” motion for summary judgment in the Hoge v. Kimberlin, et al. lawsuit, The Dread Pro-Se Kimberlin said that he had ordered copies of transcript for the Walker v. Kimberlin, et al. trial to use as evidence against me. He said the he’d have his copies on 1 February. I’ve had my copies for almost a week now, and I’ve been checking to see that the transcriptions from the court audio I included in my filings are accurate. They are.

For example, here’s the portion of the transcript from the third day of the trial where Judge Mason calls out Brett Kimberlin for lying to the jury.day3transcriptaday3transcriptb

The transcripts don’t support any of TDPK’s assertions about what happened during the Walker trial. They do support what I’ve told Judge Hecker. I look forward to TDPK introducing them into the record in my lawsuit.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Lots of stuff has happened this month, none of it has been particularly good for Team Kimberlin.

The Kimberlins had several motions denied in the Hoge v. Kimberlin, et al. lawsuit. Their frivolous motion to sanction me for being involved in the Walker v. Kimberlin, et al. lawsuit bit the dust, as did their motions for summary judgment and to stay discovery while the summary judgment motion was pending. My initial motions to compel compliance with discovery were denied on a technicality which has been corrected. New motions to compel are pending against The Dread Pro-Se Kimberlin and the Dreadful Pro-Se Schmalfeldt.

Speaking of the Walker v. Kimberlin, et al. case, Tetyana Kimberlin was sanctioned for her failure to be deposed during discovery.

TDPK’s appeals didn’t go well for him this month. The Maryland Court of Special Appeals kicked back his paperwork for the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit and gave him until mid January to fix it or see his appeal dismissed.

Meanwhile, the Fourth Circuit Court of Appeals dismissed all three cases that TDPK had before them. His petition for a writ of mandamus against Judge Hazel (seeking to require the judge to amend the protective order in the Kimberlin v. Frey RICO Remnant LOLsuit) was denied. So was TDPK’s appeal of Judge Hazel’s sua sponte dismissal of the Kimberlin v. McConnell LOLsuit whining about the Senates handling of the Merrick Garland nomination. And best of all (from my point of view), the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit appeal went down in flames. My motion to sanction Kimberlin for filing a frivolous appeal naming me as an appellee is pending.

popcorn4bkSo December ended 2016 on an uptick for the good guys.

2017 should be interesting.

Stay tuned.

Team Kimberlin Post of the Day


October was the best month of 2016 for Team Kimberlin. It wasn’t very good, but it was the month of the Kimberlins’ pyrrhic victory in the Walker v. Kimberlin, et al. lawsuit. The Kimberlins won because although the jury found that they had knowingly lied in their Applications for Statement of Charges, enough remained that they might have believed to be true to allow probable cause to exist. They beat the rap (so to speak), but were still found to be liars.

Meanwhile, the Dreadful Pro-Se Schmalfeldt was filing frivolous motions in the Hoge v. Kimberlin, et al. lawsuit, including a motion for summary judgment and a motion to have me found to be a vexatious litigant.

We’ll consider November’s news tomorrow.

Stay tuned.

Team Kimberlin Post of the Day


As I noted a few days ago, Judge Mason awarded discovery sanctions against Tetyana Kimberlin for her failure to be deposed in the Walker v. Kimberlin, et al. lawsuit.

The judge used the proposed order that Aaron Walker submitted with his motion for sanctions, but he made two corrections. The Gentle Reader can that he reduced the sanctions from the amount sought.

The judge also changed the wording of the order to reflect that no opposition had been filed to Aaron’s motion. Now, the docket shows that an opposition was filed, but the filing was tardy, so the court had the option of disregarding it. Apparently, that’s what Judge Mason did.

The Dread Pro-Se Kimberlin has clearly bitten off more than he can chew with all the LOLsuits he has filed, and he doesn’t seem to have the capacity to keep up with the added workload of being on defense. He must have been too busy preparing the defective appeal that the Court of Special Appeals has kicked back to file a timely opposition to attempt to shield his wife from sanctions.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


Aaron Walker sought discovery sanctions against Tetyana Kimberlin because of her failure to be deposed during discovery in the Walker v. Kimberlin, et al. lawsuit. Sanctions have been granted.398855v-di_376The Kimberlins sought to recover their expenses defending the suit. Their motion was denied.398855v-di_378Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day


The Dread Pro-Se Kimberlin managed to find a way to have some positive spin on last week’s electoral outcomes—jtmp-20161112a

And based on the comments generated by that post, it appears that TDPK still is having vanishingly small impact on the Interwebz—jtmp-201112bTPDK’s foolish attempts at brass knuckles reputation management have not simply failed—he has managed to tar everything with personal reputation. It’s been suggested that the Streisand Effect should be renamed for Brett Kimberlin, but his few flashes of infamy don’t added up to enough exposure.

Team Kimberlin Post of the Day


This was part of Aaron Walker’s cross examination of The Dread Pro-Se Kimberlin during the Walker v. Kimberlin, et al. trial.

MR. WALKER: Now, remind me, if you will, what you do for your charities.
MR. KIMBERLIN: I run a non-profit Justice Through Music, and we work with, ah, famous bands and artist to get young people involved with civic participation. We, ah, we also work with, ah, dissidents around the workd to get them, um, their message out to the general public. We work with, um, a lot of voting registration groups. We, um, registered literally hundreds of thousands of young people to vote over the years. Um, we have been very much involved, um, with making sure that voting machines are, are not hackable and that their, um, they provide and accurate reading. We were very involved with making sure that, ah, Maryland, ah, got away from the electronic voting machines and changed over to the paper ballots, ah, that I believe they used this year for the first time in, um, Maryland. And, um, we have, ah, we have a lot of [unintelligible] campaigns. For example, we had a campaign called “Iran“, um, “Iran Now”, um, during the Green Revolutionin, in Iran. Ah, We’re doing a lot of, of, because my wife’s from Ukraine, we’re doing a lot of, ah, work with Ukraine. Right now, I’m working with, ah, Congressmembers, um, on legislation to protect the vote. I’m working with the Department of Justice right now to, ah, to protect, ah, this coming election. There’s a lot of information about hacking by Russian, and our team that works for me are, are specialists in hacking and, ah, electronic cyberhacking and things like that. So we are probably one of the foremost groups in, in the country on that.

Hmmmm.

Team Kimberlin Post of the Day


One of the things that Team Kimberlin has made a big deal about is the fact that I work for Aaron Walker as his paralegal. This exchange from my testimony during the Walker v. Kimberlin, et al. trial will let the Gentle Reader in on the the secrets behind that work.

MR. WALKER: Without breaching any attoney-client privilege, OK, can you describe in general terms what you do for me as a paralegal.

MR. HOGE: Quite frankly, the bulk of what I do is proofreading.

MR. WALKER: OK, dyslexia —

MR. HOGE: Ah, yes. Ah, fortunately, you can type better than you can write, and thank goodness you send me mostly Word documents. But a great deal of what I do is proofreading. Another, probably the next likely thing for you to do is say, “Here’s a subject. Go to the law library or online or [unintelligible] and find me some case law.”

MR. WALKER: Is there anything else in general?

MR. HOGE: Well, occasionally, I’ll do like a factual investigation. Like “I need to know what happened at such-and-such.”

That’s it. That’s what I do as a paralegal.

 

Team Kimberlin Post of the Day


It’s pretty clear that The Dread Pro-Se Kimberlin wants to keep as much real information about himself hidden as he can. Consider this exchange from his examination of me during the Walker v. Kimberlin, et al. trial.

MR. KIMBERLIN: Do you write a post everyday called “Team Kimberlin Post of the Day”?

MR.HOGE: Yes, I do.

MR. KIMBERLIN: How long have you been doing that for?

MR. HOGE: Since, ah, probably April or May of 2013.

MR. KIMBERLIN: For three-and-a-half years roughly? How many tweets do you think you’ve made about me or Team Kimberlin?

THE COURT: Again, I’m going to stop you. He admitted to doing the posts for three-and-a-half years, but let’s get to the issues involved in this particular case —

MR. KIMBERLIN: Last —

THE COURT: with Mr. Walker.

MR. KIMBERLIN: — I am. Last night, did you do a post and make a comment to that post that said something to the effect that you wanted to do a crowdfunding operation to get the transcripts of this case so they could be posted on line?

MR. HOGE: No. Uh, though someone did, someone who does comment on my blog, I remember seeing, said that that they would, uh, perhaps that would be a good idea.

MR. KIMBERLIN: Um, and didn’t you comment and say that there was nothing that would stop this from being posted online.

MR. HOGE: The records of a trial are public documents so that means —

THE COURT: But did you make the statement?

MR. HOGE: — Yes.

Sunlight is an excellent disinfectant.

Blogsmoke in Court


Rather that post an episode today, I’ve decided to post this bit of my testimony from The Dread Pro-Se Kimberlin’s examination of me when he called me as his witness during the Walker v. Kimberlin, et al. trial. (I was called by both sides.)

MR. KIMBERLIN: Do you, on your blog, ah, do you have a character, an Internet sheriff? Blogsmoke?

MR. HOGE: Ah, yes. Um, a website that I believe is associated with you called Breitbart Unmasked, ah, did a satirical piece about me trying to cast me as somebody who was the Internet sheriff and, ah, used the term Blogsmoke, so I in return stated a feature that is a takeoff on the Gunsmoke radio program, uh, that was on in the ‘50s. And yes —

MR. KIMBERLIN: You kind of consider yourself an Internet sheriff.

MR. HOGE: No, I don’t. I consider that a way of poking fun at the people at Breitbart Unmasked by taking their idea and running with it and having a running gag that’s lasted for about two-and-a-half years now.

MR. KIMBERLIN: You also consider yourself a Star Wars hero.

MR. HOGE: (Laughing) Not in the least.

MR. KIMBERLIN: Have you ever posted graphics or photos of yourself as a Star Wars hero?

MR. HOGE: I have, people have sent me graphics of my face to replace, um, who’s the guy who played Obi-wan Kenobi, the older fellow, um, this is what happens when you’re old, um, Alec Guinness, Sir Alec Guinness, with my face instead of Alec Guinness’ as Obi-wan in various cartoons. I think they’re funny, and I’ve posted a few that were sent to me, and other people have picked up on that as well and sort of run with it. It’s, it’s something of a running gag in certain quarters of the Internet.

I couldn’t make that up no matter how hard I tried.

Team Kimberlin Post of the Day


Here’s another snippet from my testimony during the Walker v. Kimberlin, et al. trial.

MR. KIMBERLIN: Mr. Hoge, are you telling the jury today that you are not a sock puppet, that you are not Paul Krendler.

MR. HOGE: I’m not Paul Krendler.

And I don’t know Paul Krendler’s secret identity—if he has one.

Legal LULZ Du Jour


Here’s a snippet from The Dread Pro-Se Kimberlin’s cross examination of me in the Walker v. Kimberlin, et al. trial that shows the difficulty he has in presenting a coherent case.

MR. KIMBERLIN: I’m going to show you Exhibit 31.

MR. HOGE: Oh, yeah. These are the forged comments that you, ah, tried to introduce in the, ah, peace order hearing back in March, of, ah, 2015.

MR. KIMBERLIN: Do you recognize that [unintelligible]?

THE COURT: He says that they’re forged, so he cannot authenticate them.

Team Kimberlin Post of the Day


Yesterday’s TKPOTD dealt with Tetyana Kimberlin’s testimony in open court that she and her husband first engaged in sexual intercourse before her fifteenth birthday. This deflates a couple of the The Dread Pro-Se Kimberlin’s false narratives.

First, her testimony corroborates what Aaron Walker, Stacy McCain, Ali Akbar, and I say she told us, and it shows that what has been said and written about Brett Kimberlin was reasonable.

Second, it shows that TDPK’s claim that she made false statements in 2013 because she was under our influence is bogus. If she was under anyone’s influence during the trial, it was her husband’s, but she confirmed what she told us concerning the beginning of their relationship.

Her testimony is in the record now, under oath.

Team Kimberlin Post of the Day


The following question was asked and answered during the Walker v. Kimberlin, et al. trial after an extended discussion at the bench. Judge Mason allowed it over Brett Kimberlin’s objection because it could show that Aaron Walker had a reasonable basis for writing what he had written.

MR. WALKER: The question was: You first had sex with your husband before you turned fifteen. Correct?

MRS. KIMBERLIN: Yes.