Team Kimberlin Post of the Day

Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro Se Litigant™. Kimberlin may not actually be the worst in his league, but based on my experience being examined and cross examined by Kimberlin, he’s a definite contender for last place. One of the more bizarre exchanges we had was published six years ago today as Blogsmoke in Court.

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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.

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I saved the Cockroach’s cartoon comment for that post.Hogie-Wan.


Team Kimberlin Post of the Day

The TKPOTD for five years ago today cited another instance of Brett Kimberlin’s incompetence as a litigator.

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Let’s keep going with the theme of The Dread Pro-Se Kimberlin’s incompetence in the courtroom. This example is from his direct examination of Ali Akbar who he called as a plaintiff’s witness in the Kimberlin v. Walker, et al. LOLsuit. During the exchange, Judge Johnson obliquely reminds TDPK of one of the golden rules of lawyering: Don’t ask a witness a question that you don’t know the answer to.

MR. KIMBERLIN: Have you ever raised through the National Bloggers Club or Bomber Sues Bloggers dot org any money for any purpose to deal with me, my name or any of these legal issues?

MR. AKBAR: I’d like to answer no, but clarify, if I may? We’ve raised relief funds for bloggers who have lost their jobs; families who have been attacked. Families like mine, my mother and my brother have been attacked by your blog Breitbartunmasked dot com and we’ve —

MR. KIMBERLIN: I object. I object.

MR. AKBAR: And we’ve raised relief money —

THE COURT: Well it’s your question. You wanted to know had he raised any money —

MR. KIMBERLIN: Well he said my blog. I don’t have a blog.

MR. AKBAR: Breitbartunmasked dot com.

THE COURT: You can’t, if you think you’re not going to like the answer don’t ask the question. You asked him if he raised money surrounding your name.

MR. KIMBERLIN: Your Honor, I’m just saying he’s making a statement that’s false.

MR. AKBAR: So no, we haven’t raised any money you know, for people to blog about you, to attack you or anything.

Even if TDPK had liked Ali’s answer, it wouldn’t have been admissible as evidence because it dealt with actions taken after the LOLsuit had been filed.

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Stacy McCain, my podcasting partner and codependent in that case, refers to Kimberlin as The World’s Worst Pro Se Litigant™.