A Monetary Settlement?


There’s a bit a fiction masquerading as news over at Breitbart Unmasked Bunny Boy Unread about the amicus brief filed by Eugene Volokh with local counsel Michael Smith in the Walker v. Maryland case. It makes reference to a rumor of a monetary settlement between Brett Kimberlin and Michelle Malkin in the Kimberlin v. National Bloggers Club, et al. RICO Retread LOLsuit.

I can’t confirm the existence of such a settlement, but given that the case had already been dismissed with prejudice against Michelle Malkin and Twitchy and given that Kimberlin was facing sanctions for forging a summons in another case involving Michelle Malkin and Twitchy, it would have been well worth Kimberlin’s while to pay Michelle Malkin something in exchange for an agreement not to pursue sanctions. Considering that nothing has been taken down from michellemalkin.com or Twitchy, if anyone paid anything, it was probably Kimberlin writing the check.

Team Kimberlin Post of the Day


I enjoyed the past week.

On Monday, Aaron Walker published the reprimand the Maryland Commission of Judicial Disabilities issued to Judge Cornelius Vaughey for his conduct in the hearing during which he issued the unconstitutional gag order against Aaron. Also, my informal opposition brief to The Dread Pro-Se Kimberlin’s appeal of the RICO 2: Electric Boogaloo LOLsuit was filed with the Fourth Circuit Court of Appeals.

On Tuesday, a second answer to the complaint and a motion to dismiss from the Kimberlins appeared on the Hoge v. Kimberlin, et al. docket. All I can say about them for now is: stay tuned.

On Wednesday, the equation of the day was 9 + 15 + 3 = 27. The significance of that equation was that at close of business on Monday the 27th, The Dreadful Pro-Se Schmalfledt had run out of time to file an answer to the Complaint in the Hoge v. Kimberlin, et al. lawsuit, so I filed a request for an order of default against the Cabin Boy™. Schmalfeldt responded by asking the Court to order that I undergo an involuntary psych evaluation. Meanwhile, TDPK filed a motion with the Fourth Circuit asking them to appoint a lawyer to write an amicus brief to salvage his appeal of the dismissal of his LOLsuit against Senators McConnell and Grassley. Oh, and Eugene Volokh filed an amicus brief in the Maryland Court of Special Appeals supporting Aaron Walker’s appeal of the dismissal of his lawsuit seeking to overturn Grace’s Law, the statute that the Kimberlins have abused in their attempts to bring false criminal charges against Aaron and me. And finally, the Cabin Boy™ sent a whiny letter to Judge Joseph asking her to rule in his LOLsuit VI: The Undiscovered Krendler.

On Thursday, the Fourth Circuit told TDPK that they would wait to see if his informal brief showed his appeal had merit before assigning counsel. Also, TDPK added a supplement to his improper appellee’s brief that he has file in Aaron’s Court of Special Appeals case. TPDK isn’t a party and lacks standing to file.

On Friday, Judge Joseph ruled. She dismissed LOLsuit VI: The Undiscovered Krendler for lack of personal jurisdiction.

Yeah, not a bad week over all.

The Independence Day holiday will make this week a short work week for the courts, but I foresee … oh, why spoil the surprise.

Team Kimberlin Post of the Day


Today, 1 July, is the day that the informal opposition briefs from the appellees are due at the Fourth Circuit Court of Appeals in The Dread Pro-Se Kimberlin’s. I posted my opposition brief earlier this week, and I’ll be posting the other appellees’ brief over the weekend.

Meanwhile, here’s the latest bit of inept pro se work from TDPK. Although he isn’t a party, he filed a appellee’s brief with the Court of Special Appeals in the Walker v. Maryland Grace’s Law case. Now, he’s filed a supplement to his brief.

This is a prime example of how TDPK get the law wrong. None of the laws that Aaron Walker is challenging are related to domestic abuse. None of them relate to predicate acts that can trigger a Protective Order under Maryland law.

(b)(1) “Abuse” means any of the following acts:

(i) an act that causes serious bodily harm;
(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;
(iii) assault in any degree;
(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;
(v) false imprisonment; or
(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, “abuse” may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Md. Family Law § 4-501. Two of the laws Aaron is challenging can trigger a Peace Order, but Peace Orders are not used for situations of domestic abuse. That’s what Protective Orders are for.

Walker v. Maryland News


An amicus brief has been filed with the Maryland Court of Special Appeals in the Walker v. Maryland case. The party filing the brief is the Marion B. Brechner First Amendment Project. The lead attorney on the brief is Eugene Volokh.

Prof. Volokh has a post about the brief over at The Volokh Conspiracy blog at WaPo. Read the whole thing.