Brett Kimberlin Says W.J.J. Hoge is "Nuttier Than a Fruitcake"(Photoshop, Satire)

My latest Photoshop.  Lately Brett Kimberlin has been claiming in his court filings that his legal opponent, W.J.J. Hoge, is "nuttier than a fruitcake."  Yeah right.  If you are unfamiliar with Brett Kimberlin, he is a felon who dealt drugs and who was convicted of setting bombs in and around Speedway, Indiana back in the 70's.  His latest activities include filing numerous frivolous lawsuits against bloggers who criticize his past and present misdeeds.  One of his more determined legal opponents is Mr. Hoge, who is suing Kimberlin for malicious prosecution.  Mr. Hoge is the man on the right below.

Read Mr. Hoge's blog at www.hogewash.com.

Anger Over Trump's Success - and Other Stories of the Day

Donald Trump's Victory
It now appears likely, if not certain, that Donald Trump will gather enough delegate votes to win the GOP presidential nomination on the first ballot.  It is surprising to me the extent of anger from some conservatives, who have described Trump as "evil," or a boor or buffoon.  They almost seem to support Hillary to avoid having to vote for Trump.  Ben Shapiro is one of the most obnoxious, describing Trump supporters as "Trump Chumps" on FaceBook.

Well, too bad.  I have had to hold my nose during the last two elections and vote for John McCain and then Mitt Romney, because the Democrat alternative seemed so much worse.  I won't have to hold my nose when I vote for Trump here in California on June 7.  However, Trump's a gamble, just as McCain and Romney were gambles.  Maybe he'll be a great president in spite of GOP pessimism.  Maybe not, but I am willing to take a chance at this point.

I no longer care that much if a candidate claims to be a "conservative."  Conservative Republicans helped Democrats trash my Confederate heritage a few months back, and that's when my loyalty to the GOP was greatly weakened.  Do I want to "burn it down," referring the the Republican Party?  Hell, hand me the matches.

Brett Kimberlin's Successive Defeats in Court
I have been following the Brett Kimberlin saga over at Hogewash.com, for some time now.  It seems Kimberlin has been losing almost every motion and case, even without trial, as judges keep approving summary judgment motions by Kimberlin's lawfare victims, or othewise dismissing the case.  Aaron Walker sued Kimberlin and his wife for malicious prosecution recently, and Kimberlin failed to answer the complaint and this resulted in a default judgment in Walker's favor.  Kimberlin told the judge he was "Okay with the default," but he gave Kimberlin another eight days to answer the complaint before the judgment is filed.  If Kimberlin answers the complaint, the case may proceed to trial.  If not, the only hearing heard next is to fix the level of damages owed to Walker.  Kimberlin had earlier filed a motion for summary judgment, but it was denied.   This meant that discovery could begin and the case could be scheduled for trial.

It should be interesting to see how it all plays out.  Kimberlin has had seemingly unlimited energy in filing lawsuits and filing appeals when he loses by summary judgement or has cases dismissed (due to res judicata, statute of limitations, and other legal issues).  This is the first time I and others have witnessed what appears to be battle fatigue on Kimberlin's part.  He is just throwing in the towel.  Or maybe not.  We'll know by next week.

William Hoge has also filed a lawsuit against Kimberlin and some of his associates, for malicious prosecution and defamation.  After three years of fighting Kimberlin's many lawsuits, both Walker and Hoge have decided that payback time has arrived.  And you know what they say about payback.  Yes, it has a lot in common with Hillary.

Lawfare Pushback: Aaron Walker Sues Brett Kimberlin and Wife for Malicious Prosecution

If you have  been following the long lawfare saga of Brett Kimberlin vs the Universe, you know how many people that Kimberlin has sued for frivolous and vexatious reasons.  One of Kimby's first targets was an attorney named Aaron Walker, and over a period of three and a half years, Kimberlin made Walker's life a living hell.  Walker wrote about Kimberlin's criminal past and vexatious legal filings, and Kimberlin attempted to use the court system to silence Walker, or in the alternative, to ruin Walker's life and career through frivolous lawsuits.  These lawsuits have been dismissed except for one remaining, and Walker expects it to be dismissed as well.

FINALLY, Walker is in a position to push back.  In June, he filed a lawsuit against Kimberlin and his wife, Tetyana, for malicious prosecution, abuse of process, false imprisonment, and seeking an injunction. Get more information at http://allergic2bull.blogspot.com/.

You can read Walker's legal brief on Scribd here.   It describes the history of Kimberlin's persecution of Walker, as well as the damages Walker seeks.  Unlike Kimberlin's rambling and ambiguous briefs, it is well written and specific as to the torts inflicted by the defendant onto Walker.

Payback, they say, is a bitch.  Now Brett Kimberlin gets to enjoy the pressures, the expense and worries he inflicted on others via the legal process.  There is one major difference, however.  Walker's lawsuit is neither vexatious nor frivolous.

Brett Kimberlin's Descent Into Litigation Madness

This week the federal court in Maryland finally got around to dismissing Brett Kimberlin's RICO lawsuit against all defendants.  A small portion of the suit remained, though it is no longer a RICO case.  Patrick Frey must still stand trial to discover if he violated Brett Kimberlin's civil rights by asking the FBI to investigate Kimberlin for his role in several swatting cases, including that of Patrick Frey.  Google it, if you want more info.

Since Frey is an assistant District Attorney, he may have been acting "under the color of law," which means he might have frightened Kimberlin into thinking he might be arrested for speaking out.  Obviously, assistant DA's are not able to request police investigation into a serious crime committed against them, because it might upset the suspected perpetrator, and that would violate the potential criminal's civil rights.  [Update:  Frey may not have to stand trial.  The case is moving into the discovery phase.  Based on the evidence that comes to light during discovery, Frey may be able to get a motion for summary judgment, which would end the case.]

Folks closer to the case think Frey will prevail, and I think so too.

Kimberlin is obsessed with William J.J. Hoge and intent on destroying the man through the court system.  The ink was hardly dry on the dismissal of Kimberlin's Peace Order petition against Hoge, when Kimberlin filed yet a SECOND RICO suit, naming all new defendants, with the exception of Hoge.  This absurd fantasy involves a big conspiracy by a firm of attorneys, H.B. Gary (a commercial business), the U.S. Chamber of Commerce, and a bunch of other folks who have never met Brett Kimberlin.  Kimberlin refers to them as "Team Themis."

I read the complaint.  It is totally unclear to me how Kimberlin could have any legal standing in this lawsuit.  There is no mention of how any of these defendants wronged Kimberlin personally, and he has no standing to sue on behalf of anyone else.  I doubt that this suit will survive as long as the first RICO suit.  It is nothing but great glaring generalities, making accusations of various wrong-doings without any specifics, or who did what to whom, when and why.  Reading it, I am struck with a strong impression that Brett Kimberlin has simply lost his mind.

However, litigious Brett wasn't finished.  In the same week he filed a million dollar lawsuit against Home Depot.  Home Depot was recently the victim of hackers, who broke into its computer system and stole credit card information, which they then sold on the black market.  Kimberlin claims that one of those credit cards was his.  Actual damages that he claimed were around $75,000, plus one million dollars for punitive damages.

The only good thing about these lawsuits is that they may hurry the day when Brett Kimberlin is finally adjudged a vexatious litigant, and unable to file more lawsuits on his own without advance permission from a court, and without posting bond for the benefit of the defendants.

Brett Kimberlin's Battle of the Bulge Moment

In late 1944, the allies were closing in on Berlin from all sides.  The war for Germany was lost.  However, the German high command launched a desperate counterattack that became known as the Battle of the Bulge.  Not expecting the attack, allied troops retreated and many were captured.  Hitler's desperation move eventually came to naught, as allied troops pushed back and regained the momentum.  Hitler's last major offensive of the war had failed, and he took refuge in his Berlin bunker to await the end.

This past week Kimberlin launched his own version of the Battle of the Bulge.  It was a desperation counter attack on his most effective critic, William J.J. Hoge of Hogewash.com.  Brett Kimberlin (BK) and his dubious associates appear to be feeling the heat, that is, expecting Brett's RICO lawsuit to be thrown out soon, and then face the legal ramifications of filing a false and vexatious lawsuit in federal court.

Kimberlin sought to launch a counterpunch that might turn the tide in his favor:  he filed yet another vexatious action against Hoge, seeking a Maryland Peace Order, claiming that Hoge was obsessed with BK's teenage daughter.  The Peace Order demanded that Hoge stop harassing and stalking his daughter, and implied that Hoge was seeking Kimberlin's arrest in order to "save" Kimberlin's daughter.  Kimberlin presented some two-year old tweets, allegedly sent by Hoge, discussing BK's daughter as evidence that his claims were true.

However, they were not true.  In my opinion, this Peace Order petition was most likely a lame attempt to denigrate the credibility and reputation of William Hoge, to be cited and used as a counterclaim in any future legal actions against BK for malicious prosecution and forged documents presented to a court.

The Peace Order claim was a huge lie from beginning to end.  Hoge had done none of the things BK claimed, said none of the things BK claimed.  The tweets presented were innocuous, briefly discussing an online Gazette article about the daughter's musical pursuits, and Kimberlin's alleged attempt to insinuate himself into the story.  The tweets were not originated by Hoge, who had simply retweeted what others had previously tweeted.  When asked in court if these tweets were authored by him, Hoge stated truthfully that they were not.

Further, a Maryland Peace Order requires evidence that is not older than thirty days, and so the two-year old tweets were inadmissible, even if relevant, which they were not.  The Peace Order petition was denied.

Kimberlin's claims in the Peace Order were highly fictitious, and could conceivably be construed as perjury.  Nevertheless, there are some mutterings from a BK support site, Breitbart Unmasked, that say BK will seek to have Hoge prosecuted for perjury, that is, for denying that the irrelevant tweets were authored by him.  Hoge has presented clear evidence on his blog that prove he is correct:  the tweets were penned by Lee Stranahan.  So before BK attempts any actions to prosecute Hoge for non-existent perjury, he should consider that it is he who may be prosecuted for perjury, by making fictitious and frivolous claims in a Peace Order hearing.

Now that BK's "Battle of the Bulge" moment has passed, perhaps it is time for him and his associates to retire to their bunker and await the inevitable day of reckoning for the wicked.

Note:  I believe the facts as stated above are true; however, readers are invited to submit corrections to any inadvertent misstatements of fact.

See also Hoge's post about the case here, and Aaron Walker's detailed account here.

The Legal Saga of an Abject Scoundrel #BrettKimberlin

Brett Kimberlin's RICO lawsuit is plodding along towards eventual resolution, hopefully in our lifetimes.  This is his "racketerring" suit in federal court against numerous conservative bloggers.  Kimberlin argues that these bloggers formed a massive conspiracy among themselves to get rich by "defaming" him.  They "defamed" him by publishing the truth about Kimberlin's criminal past, which included setting off bombs in and around Speedway, Indiana back in 1978.  Two people were injured by one of the bombs, one quite severely.  That victim later committed suicide rather than deal with the pain.

Kimberlin doesn't like people telling the truth about him, as it has significantly impacted his efforts to acquire donations for his two leftist non-profit organizations, i.e. "Justice Through Music" and "Velvet Revolution."  Maybe the well-heeled leftists who once donated hundreds of thousands of dollars were unaware of bomber-boy's past.  They are aware now, largely from Kimberlin's lawfare activities and the massive negative publicity he has generated himself.   Now, faced with a choice between poverty and having to get a real job, Kimberlin opted to instead sue everyone in sight, hoping, no doubt, that some of his legal targets would settle out of court.  Few have done so.

I have read almost all of Kimberlin's self-represented legal briefs and arguments, and they are truly off-the-wall and pathetic, in my layman's opinion.  His arguments are insulting to the intelligence.  For example, he is claiming, among many other crimes, invidious discrimination under the Ku Klux Klan Act, alleging that the defendants' "conspiracy" was persecution motivated by bigotry.  However, Kimberlin is white, and convicted felons are not a protected class envisioned by the Klan Act.  Nevertheless, Kimberlin continues making such absurd arguments, undeterred by shame or embarrassment.

Most of the defendants have now filed motions to dismiss the suit, because it is overly vague.  Kimberlin's claims generally do not specify who did what, when, how this harmed him, and how or why the deed was illegal, defamatory or false.  It is fairly clear that presenting actual deeds and damages is not Kimberlin's point; his point is using the legal process to silence and financially damage or extort the defendants. Since he represents himself, Kimberlin does not incur the same expenses as the defendants who are represented by counsel.

In my opinion, Brett Kimberlin is fueled by an unrelenting hatred of all who oppose him, criticize him, or frustrate his personal goals, e.g. of getting large cash donations from the public to pursue leftwing political goals.  He has no remorse, no human empathy, no kindness, no charity, no care whatsoever for anyone on the planet but himself.

In other words, Brett Kimberlin is a Rat with a capital R.  It is for that reason that so many of us continue to follow his frivolous lawsuit in federal court, no matter how slow and plodding it is.  We look forward to a just resolution.  We hope for legal redress for his lawfare victims.  And we hope for adequate punishment for the outrageously bad faith of an abject scoundrel.

Kimberlin Unmasked Is Back Online!

Some good news.  Kimberlin Unmasked is back online!

The proprietors of this website were the focus of Kimberlin's lawfare, along with several other bloggers, and for a time the website was taken offline.  Kimberlin apparently settled with the blog owners, and withdrew his lawsuit against them.  I figured they had caved to Kimberlin's legal extortion, along with two other defendants.  Apparently, this was not the case. (Or maybe it is the case -- see update below -- the blog is under new authorship.)

I don't know why, or how, Kimberlin Unmasked decided to get back into the fray, but I am so glad they did.  KU posts some great satire against Team Kimberlin, creating some funny Photoshop cartoons in the process.

The blog has been re-linked in my sidebar, and I intend to enjoy its output on a regular basis.  Check it out at the link above.

UPDATE:  Apparently, Kimberlin Unmasked is under new management.  Another anonymous blogger has taken over in the absence of the original authors.  He or she was able to grab the twitter account for Kimbelin Unmasked after it was abandoned by the original authors.  He/she was unable to acquire the original website name of KimberlinUnmasked.com, so started the new version under a new URL, namely, kimberlinunmask.com.

Trial Transcripts Show a Confused, Disorganized Brett Kimberlin

On August 11 and 12, Brett Kimberlin's lawsuit against four bloggers was tried in a Maryland court.  Ali Akbar, one of the defendants, uploaded the transcripts of that trial to Scribd.  Those transcripts show Brett Kimberlin to be confused and disorganized, unable to grasp even the most elementary aspects of a trial, i.e., leading the witness, examining witnesses of items and events that are completely irrelevant to his case (like "Everyone Draw Mohammed Day"), attempting to get hearsay introduced as evidence, etc.

Kimberlin, by his own admission, has filed over 100 lawsuits, acting as his own attorney.  However, the Maryland transcripts indicate all those lawsuits didn't teach him much, if anything, about the law or civil procedure.

Here is a very brief summary of the trial:

Judge:  You say you were defamed when the defendants claimed you are/were a convicted terrorist, felon, perjurer and drug dealer, and a pedophile to boot.  Weren't all of these claims true?

Kimberlin:  Well, technically, yes but.....

Judge:  Case dismissed!

Here are the links to the transcripts.  Don't take my word for it, read them yourself.

Day 1 of the Trial

Day 2 of the Trial

Fighting Back at Brett Kimberlin: Vexatious Litigants and Civil Restraint Orders #BrettKimberlin

There has been much talk about having Brett Kimberlin adjudged a "vexatious litigant" after his last two lawsuits against conservative bloggers.  His recent lawsuits include a meritless lawsuit in the Maryland court system, now ended with a directed verdict against Kimberlin, and an ongoing (even more absurd) RICO lawsuit in the federal court system.

Kimberlin has reportedly filed over 100 lawsuits, suing judges, opposing attorneys, the widow of his bombing victim, and even a U.S. Senator in an orgy of meritless and abusive litigation.  This week W.J.J. Hoge reports that Kimberlin will now appeal the directed verdict in the Maryland case, and is considering a third lawsuit, this one in federal court.

I am not a lawyer, but this is my understanding:  A "vexatious litigant" is anyone who files many meritless lawsuits, abusing the legal system to punish or extort defendants.  Once a court finds someone to be a "vexatious litigant," that person can no longer file lawsuits without the prior review and consent of a judge, and must post bonds to cover the expenses of the defendants in the event the suit fails.

Ken White at Popehat discusses the need and the means to have Kimberlin declared a vexatious litigant.  He wants to compile a list of all lawsuits filed by Kimberlin over the past 35 years.  But is that even necessary?  Why wouldn't the last five, six or ten of his latest lawsuits suffice?  Or the most egregious examples?  Why would we need all of his lawsuits to prove him a vexatious litigant?  How many are necessary?  What have other court cases decided in similar situations?

I found this book on Amazon (see graphic above):  Vexatious Litigants and Civil Restraint Orders.  It is a legal guide to vexatious litigants.  Resources are available.  We should not let this issue drop.  With Kimberlin promising to punish his victims with "endless lawsuits for the rest of their lives," it is imperative that seeking a civil restraint order against Kimberlin's serial litigation go forward as soon as possible.

Postscript:  Here is a federal court case in which the pro se plaintiff was declared to be a vexatious litigant.  This pro se plaintiff's suit and claims have a striking similarity to those filed by Brett Kimberlin in his RICO lawsuit, i.e.:

1. In this case alone, Plaintiff filed almost one hundred motions or other requests for relief, the majority of which are duplicative of relief previously denied by this court or other courts.

2.  The court dismissed the plaintiff's causes of action against the defendants for "1) race discrimination, (2) employment discrimination, (3) retaliation, (4) free speech discrimination or retaliation, (5) defamation, (6) breach of contract, (7) breach of trust, (8) breach of confidence, (9) antitrust violations, (10) unfair competition, (11) copyright violations, (12) conspiracy, (13) civil violations of the Racketeering Influenced and Corrupt Organizations Act, (14) violations of privacy, (15) misappropriation of intellectual property, and (16) bad-faith dealing."

3. [T]he facts alleged in the Complaint are both fantastic and delusional. For example, one of Plaintiff s allegations involves what he calls a “broad base conspiracy” to steal unidentified “intellectual properties.” Compl. at 3. To this end, he alleges merely that all of the defendants in this action “are inter-connected holding business contracts for joint business purposes.” 

4. Plaintiffs allegations are clearly fanciful and delusional on their face.  The facts and legal claims set forth in the Complaint are virtually identical to those made by Plaintiff in cases that have been repeatedly dismissed by other courts, including the courts of this district. They are frivolous and, in keeping with Plaintiffs typical modus operandi, appear to be made for the purpose of harassing the defendants into entering into a nuisance settlement.

5. “It is evident to this Court that Whitehead is either, at best, a dealer in Mitigation futures,’ or at worst a ‘litigation extortionist.’ Neither approach should be tolerated under the Rules of Civil Procedure.”

Brett Kimberlin and Julia Scyphers (Photoshop)

Brett Kimberlin goes to trial tomorrow, serving as his own plaintiff attorney, in what clearly appears to be a vexatious lawsuit to intimidate bloggers from writing about his criminal past and his current, unsavory undertakings, i.e. repression of the First Amendment through lawfare.

Kimberlin was, and still is, a chief suspect in the 1978 murder of a 65 year old grandmother, Julia Scyphers.  The story of this is detailed throughout the web.  Simply google "Julia Scyphers."  Here, for example.

If there is someone, anyone out there who knows who ordered the hit on Julia Scyphers, you are an accomplice to murder unless you go to the police.  Don't die with that on your soul.  God is waiting for you....and so is Julia Scyphers.  The most important trial you may face is the one that comes after this life.

Julia Scyphers Reaches Out From The Grave

Brett Kimberlin's Lawsuit Against Conservative Bloggers Goes To Trial on Monday

Unfortunately, the latest victims of Brett Kimberlin's lawfare lawsuit go to trial on Monday.  Today the Maryland Court denied various motions to dismiss the suit.

Lawsuits are always a gamble -- even though one may have a strong case (as the defendants do), a judge or a jury can give an incorrect or unjust verdict.  Nevertheless, I would still rather have the defendants' chances for success than that of Brett Kimberlin.

Also, I would not have taken a different course than the defendants have taken, had I been in their place.  Brett Kimberlin is just plain evil, and evil must be confronted and fought.

My advice to the defendants is to face the trial with courage and a determination to win the case.  Do not be terrified of the trial -- easier said than done, as I have been a defendant in a civil case that would have ruined me had I ultimately lost.  I was terrified, but losing was not an option, and I would rather have died than settle with the plaintiff.  I would not give in to lies, perjury and greed.

Courts seem to have a prejudice for plaintiffs, those who feed and fuel the imperfect court system, ultimately paying the judges' and the attorneys' salaries.  Although the theory is that the burden of proof is on the plaintiff, in reality it is often the opposite:  you are guilty until proven innocent.

Nevertheless, defendants -- fight like hell to win.  Good luck, and may God be with you.

Update:  W.J.J. Hoge discusses the coming trial here  R.S. McCain discusses it here.

Ali Akbar Vindicated! National Bloggers Club Granted 501c3 Nonprofit Status by IRS

Brett Kimberlin and his cohorts have been publicly accusing Ali Akbar of defrauding donors to the National Bloggers Club (NBC) by falsely claiming the NBC was a 501(c)3 nonprofit organization.  Donations to a 501(c)3 are tax deductible.  Kimberlin also claimed that Ali had never even applied for 501(c)3 status.  Sounds like the basis for a good defamation lawsuit against Kimberlin to me.

Actually, Ali had applied for the nonprofit status some time ago, but the status grant was long in coming.  You know, IRS, conservative non-profit, Lois Lerner -- you get the picture.

Well, the IRS finally granted the nonprofit status as of last Friday.  Now one of the claims Brett Kimberlin made in his RICO lawsuit has been proven totally false.  Wait til the judge hears about this, hey Brett?

Here's Ali's Facebook post of a few minutes ago:

Brett Kimberlin Whacks Hornets Nest, Complains About Stings

A Hogewash post today explains Kimberlin's motion for a preliminary injunction, asking the court to order various bloggers to delete all of their posts since July 7, 2013 that mention Kimberlin.  So we see the essence of what Kimberlin's lawsuits are really all about:  censorship of his critics.  Like most liberals, Kimberlin doesn't want to be held accountable for his misdeeds, and doesn't want anyone writing about them.

As W.J.J. Hoge points out, recent discussions of Kimberlin's crimes, though occurring more than thirty years in the past, are relevant to Kimberlin's current lawfare activities.  They are relevant as well to his possible involvement in related illegalities like SWATting, lying about Kimberlin Unmasked blogsite being a "spoof site" in order to shut it down, and the recent DDOS attack on the new Kimberlin Unmasked website. Kimberlin's past gives clues as to his current behavior and character.  Hoge writes:

Hogewash! got involved with coverage of Brett Kimberlin because of his ongoing anti-First-Amendment thuggery. Any incidental discussion of his criminal past has been to provide context concerning his character.

Based on what I've seen and read, Kimberlin lies as easily as he breathes, so much so and to such an extent that I wonder if he is suffering from a form of dementia, unaware that his delusions sharply differ from reality.

As an example consider this snippet from Kimberlin's lawsuit complaint:

 
The above statement is a complete falsehood, inserted into a legal filing that is supposed to be made under oath and the penalty of perjury.  Out of "hundreds of blog posts" Kimberlin cannot cite a single specific example of this defamation, mainly because it does not exist.

Now Kimberlin is whining that he is being picked on for crimes thirty-five years in his past, and that he deserves to be able "to live in peace."  Hoge does not disagree, but with a caveat:

Let me be very specific: I believe that Brett Kimberlin has the right to live in peace. But in order to do so, he will need to live a peaceable life himself. Shutupery via lawfare isn’t peaceful.

Since this latest installment of the Brett Kimberlin Saga began, Kimberlin has been anything but peaceful.  He sued Seth Allen, a liberal blogger, because Allen criticized ads from one of Kimberlin's non-profits offering huge rewards for disclosures of Republican malfeasance.  Allen considered the ads to be unethical and/or somewhat dishonest.  Kimberlin sued him, then sued blogger and attorney Aaron Walker for trying to provide Allen with legal advice on how to handle the suit.  Later, Kimberlin lied about Walker physically attacking him in the courthouse, with numerous deputies having to intervene to save Kimberlin.  However, the court house camera filmed the entire scenario, which proved nothing like it happened.  Without this proof, Walker might very well have gone to jail for a crime he did not commit, based on Kimberlin's perjury.  Again, Kimberlin lies as easily as he breathes, and seems incapable of differentiating illusion from reality.  It is not clear to me whether he is evil or possibly just demented.  A psychiatric evaluation of Brett Kimberlin might help everyone concerned, including Brett Kimberlin himself.

Other bloggers heard about the injustice perpetrated on Aaron Walker, and began investigating and writing about his tormentor, i.e. Brett Kimberlin.  Kimberlin then began attacking these other writers.  When three of these writers were criminally SWATed, suspicion naturally turned towards Kimberlin.  Now this was serious, as the crime of SWATing could have gotten these bloggers killed, in a "murder by cop" scenario.

Kimberlin denies he was behind the SWATing episodes.  Nevertheless, since there appeared to be a link (which has been neither proved nor disproved), and with lives possibly at stake, the conservative blogosphere was right to question whether there was a link between Kimberlin and these SWATing episodes.  The attention paid off, in that the SWATings stopped.  Whoever was perpetrating these SWATing episodes apparently felt the heat.

Most of us in the conservative blogosphere would never have known, or cared, who Brett Kimberlin is, or what he did thirty-five years ago, had Kimberlin not launched these vicious lawfare attacks on many people, merely to force them to self-censor.  These legal attacks were not merely to redress a perceived wrong, but appear calculated to do maximum damage to people's lives, reputations and livelihoods.  In short, Kimberlin's activities against bloggers appear hate-filled and vengeful, a form of the "politics of personal destruction," which we see so often from the left.  This is not exactly the "peaceful life" one should be leading if he wants to avoid negative publicity and pushback.

In short, Brett Kimberlin has been whacking a hornet's nest with a stick for some time now  Until he stops, he shouldn't complain about the stings.

NOTE:  Readers are encouraged to correct any inadvertant misstatements of fact, or offer additional facts and insights to this blog post, via the comments section.  Brett Kimberlin is invited to rebut this article as well, subject to counter-rebuttal.

Note to Brett Kimberlin: Pro Se Litigation Works Both Ways

Hogewash is reporting this morning that the federal copyright lawsuit against Kimberlin Unmasked will go forward.  Judge Titus of the federal court accepted Kimberlin's amended complaint, which allegedly identifies the person or persons blogging as Kimberlin Unmasked.  As a result, Judge Titus has ordered the issuance of summons to the defendants.

It's amazing how much a vengeful litigant, acting as his own attorney, can disrupt lives and cost his targets lots of time, money and mental anguish.  Lawsuits are often nothing more than legal extortion, but you have to go through the process of the litigation.  Knowing that the system is grossly flawed won't protect you from the system.  To defend yourself, you need to learn how to use the system.  You must go through the process, no matter how repugnant or fearful it seems to you.  When I was being sued by a ruthless POS plaintiff, I kept this little piece of verse in mind:

Have you come to that Red Sea time in your life,

When in spite of all you can do,

There is no way out, there is no way back,

There is no other way but through.

Face the lawsuit with determination to win it.

To escape financial ruin, you may need to learn how to become a pro-se litigant, to defend yourself from lawsuits and to file your own lawsuits -- perhaps for malicious prosecution against those plaintiffs who abused the system and lost their lawsuit against you.  (You can also file a counter lawsuit against the plaintiff for wrongs he may have done to you.  Kimberlin Unmasked may have some great reasons to countersue.)

Google "pro se litigants" and you will find numerous resources on how to be a pro se plaintiff or defendant, how to deal with pro se lawsuits against you, and the knowledge and skills you need to carry it all off.  For instance, check here.

I have been a pro se defendant in the federal court system (Ninth Circuit), and won.  My opponent intended to use the court system to ruin me financially, but by firing my attorney and taking over my own case, I denied him that weapon (if you can afford an attorney, use one -- I fired mine because I couldn't meet her demands for up front fees).  The suit cost me time and money, but it cost the plaintiff even more.  Once all their appeals were exhausted, my opponent and his attorney began suing each other, to my sublime delight.

I will begin researching the literature and available resources that are available to those who wish to represent themselves in lawsuits, either as a plaintiff or a defendant.  I will prepare myself to become a pro-se litigant, merely as a defensive measure, if nothing else. 

I'll report back on what I find.

Brett Kimberlin's Persecution of Kimberlin Unmasked

W.J.J. Hoge has posted Brett Kimberlin's amended complaint for copyright violation against Kimberlin Unmasked ("KU").  See it here.

What has the terrible copyright violator, Kimberlin Unmasked, done to damage Kimberlin?  She or he published screen grabs of Kimberlin's face from his "Justice Through Music" videos that are published on YouTube.

So now you know.  According to Kimberlin, someone's face is copyrighted, no matter how infamous, and no depiction of it can be published without permission lest he be accused of copyright violation. However, I doubt that this is true in most cases.  Use of a celebrity's face without permission to promote a product would obviously be a copyright violation, but use of an ex-felon's face for purposes of criticism is another thing altogether, particularly when the YouTube videos are political in nature and advocating a cause or political position.

Of course, the YouTube videos of Brett Kimberlin's face in the "Justice Through Music" videos are all linkable and embeddable on any blog that chooses to display them.  I know, because I just checked.  Obviously, Kimberlin wants these images disseminated far and wide, or the videos would not be linkable or embeddable.  What he doesn't want, obviously, is for them to be disseminated for purposes of criticism.

Also, there is no fee to view Kimberlin's mug on YouTube.  It's all free.  So what did Kimberlin lose by KU posting screen grabs of his face?  Nothing financial.  The screen grabs were fair use for purposes of criticism, education or satire, and therefore not a copyright violation.  Kimberlin's beef, as usual, was to damage anyone who criticizes him, to suppress criticism and free speech, to deny First Amendment rights to anyone he doesn't like, through the abuse and misuse of the court system.

In the process of shutting up KU, Kimberlin, or one of his minions acting on his behalf, lied to Blogger that the Kimberlin Unmasked's Blogger blogsite was a "spoof site," which is against Blogger's terms of use.  A spoof site is one where the author pretends to be someone else, i.e. by impersonating them.  The KU Blogger blogsite was most certainly not a "spoof site," but was taken down anyway by the bad-faith misrepresentation of Team Kimberlin.  Sounds both fraudulent and actionable to me, but I am no attorney.  So when Kimberlin claims in his court filings that KU was taken down by Blogger due to "violation of its terms of service," naturally he doesn't mention that it was taken down due to his own possibly fraudulent misrepresentations.  In a similar way, Team Kimberlin got two of KU's twitter accounts shut down by equally bad faith misrepresentations.

After KU replaced its Blogsite blog with another one hosted elsewhere, persons unknown but undoubtedly loyal to Brett Kimberlin, launched an illegal DDOS attack on the site, shutting it down for several hours.  Of course, there's the possibility that Brett Kimberlin had nothing to do with this felonious act, but I personally find that very hard to believe.  DDOS attacks are a specialty of the illegal hacker group "Anonymous."  Neal Rauhauser, a top Kimberlin associate, has been linked to "Anonymous":

Neal Rauhauser is a far-left activist who has engaged in violent rhetoric, contacts members from the hacking group Anonymous, and is an admitted associate of Brett Kimberlin’s. He has written how-to guides regarding methods to use phony identities and hide one’s Internet activities from law enforcement.

The truth is this:  Kimberlin Unmasked has violated no laws, federal or otherwise, against Brett Kimberlin.  However, there is substantial evidence that Kimberlin and/or his associates have committed torts or crimes against Kimberlin Unmasked.  If the ill-advised copyright suit against Kimberlin Unmasked is allowed to proceed, I would expect a countersuit and counterclaims against Kimberlin, and my money is on Kimberlin Unmasked as to the outcome.

Corrections as to any errors in facts in this post are welcome.  Brett Kimberlin is invited to rebut the above, subject to counter-rebuttals, should he wish to do so.  

My Telephone Conversation With Ali Akbar and Robert Stacy McCain Tonight

Ali Akbar called me tonight and I had a nice phone conversation with him and with Stacy McCain.  It was good to hear Stacy's Southern lilt again, as we haven't talked in months.

It seems my fears were misplaced.  Ali has been quite active behind the scenes to reinstate the National Bloggers Club with the Secretary of State of Texas, and that should happen fairly soon.  There is more good news, but I am not at liberty to discuss it at the current time.  In any case, my confidence in Ali Akbar was given a booster shot.

Brett Kimberlin has NOT taken over the National Bloggers Club, and has no legal standing to order anyone to do anything with regards to the NBC.

Ali says he is interested in having me be the NBC's accountant, and we will work together to bring everything current and to bring the books into shape.  I look forward to this, as a way to serve the conservative blogging community.

Expect good things.  If you are a member of the National Bloggers Club, remain so; if all goes according to plan, things are going to get a lot better.

Update on Kimberlin the Corporate Raider

Ali Akbar

Apparently Ali Akbar hasn't decided whether or not to avail himself of my offer to prepare the delinquent tax filings for the National Bloggers Club ("the NBC").  The offer stands, and I won't nag him about it.  His attorney may have other plans and strategies, given the ongoing lawsuits against Ali and the NBC by Brett Kimberlin.  However, I urge Akbar to act, in order to protect the NBC and its members, in a timely fashion, with a great sense of urgency, if he has not already done so.

I have read recent responses to Kimberlin's motions in the RICO lawsuit, and ones from Michelle Malkin's attorney seem particularly devastating to Kimberlin's claims and case.  My understanding of the facts is that Kimberlin may be in legal trouble for presenting a forged summons to the court.  The summons was a cut and paste job of another summons sent to a different defendant.  The judge in the case has asked for an order to show cause as to why Kimberlin should not be sanctioned for this. 

The buzz in various comments sections says that Kimberlin may have forged a summons to Seth Allen, the first blogger he sued, which resulted in Allen losing the lawsuit by default, for alleged failure to timely respond to a summons that he never actually received.  I don't know if this is true, but it seems plausible in light of the above.

Anyone who has additional facts or corrections to the above, please supply it in the comments section.

UPDATE:  Hogewash is reporting that Brett Kimberlin has admitted to the forgery of  a summons he mailed to Twitchy, a company originally owned by Michelle Malkin.

Brett Kimberlin's Alleged Highjacking of The National Bloggers Club: I Have Serious Doubts That It Is True

I have been doing some research on Brett Kimberlin's alleged takeover of the National Bloggers Club, Inc, a Texas corporation.

I have grave doubts about the veracity of Kimberlin's claims.

There are two issues in this case.  One is the Texas Franchise tax; if it is not paid, a corporation can lose its active status and be denied the right to transact business in Texas.  The other issue is the organization's name.  I have seen no indication that the corporation loses the right to its corporate name if it fails to pay the state franchise tax.  Therefore, I doubt that Brett Kimberlin has obtained the legal right to use the name of the National Bloggers Club in Texas.

What forms did Kimberlin file and what fees did he pay to obtain the right to the Texas corporate name, "National Bloggers Club?"  I'd really like to know.

In order to do business as a Texas corporation, you have to jump through some hoops.  You have to submit Articles of Incorporation, issue stock, and elect a Board of Directors.  Did Kimberlin do that?  I doubt it.

Further, you can apply for a corporate name, but a preliminary approval of such a name isn't final.  The Texas Secretary of State website says this about corporate names:

1. How do I determine whether the name I have chosen for my entity will be accepted for filing by the secretary of state?

   Under section 5.053 of the BOC, a filing entity cannot have a name that is the same as or deceptively similar to a filing entity, foreign filing entity, name reservation, or name registration filed with the secretary of state. Furthermore, a filing entity cannot have a name that is similar to an existing name on file with the secretary of state unless the existing entity consents in writing to the use of the similar name.
   Texas Administrative Code, title 1, part 4, chapter 79, subchapter C sets out the rules for determining whether names are the same, deceptively similar, or similar. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person’s rights to the name. See Trademark FAQs for more information.

Until such time as Brett Kimberlin supplies documentation of Texas's approval of his use of the name "National Bloggers Club, Inc" I shall have grave doubts that he is telling the truth.  It seems to me that Brett Kimberlin and Bill Schmalfeldt may be in violation of copyright or trademark law, i.e. using someone else's trademark without permission, in a clear effort to disrupt existing business relationships.  I am no attorney, but that surely sounds actionable to me.

HOWEVER, I stand by my call for Ali Akbar's resignation.   Failure to file and pay franchise taxes timely does more than cause a corporation to lose its active standing.  It also removes the corporate shield for liability, exposing its directors to personal liability in the event of a lawsuit.  That is serious enough to call for Akbar's removal.

The National Bloggers Club: Ali Akbar Should Resign as President

National Bloggers Club per Team Kimberlin

Ali Akbar has been the leader of the organization known as the National Bloggers Club (NBC) since he formed it a few years ago.  It is an organization of conservative bloggers, and puts on the "Blogbash" event at CPAC each year.

Apparently, Akbar did not file tax returns with the State of Texas for two years, and the State revoked the NBC's ability to do business as a Texas corporation.  It also released the name "National Bloggers Club" for anyone else to grab, and notorious ex-felon, vexatious litigant and righty-hater Brett Kimberlin did so.  Now Kimberlin's favorite toady, Bill Schmalfeldt, is tweeting from the "NBC" claiming to be the National Bloggers Club.  Brett Kimberlin has put up a notice on the "New National Bloggers Club" website, ordering Ali Akbar to remove all references to the name "National Bloggers Club":

To: ali@blogbash.org
Sent: Friday, March 7, 2014 8:13:13 PM
Subject: Official Notification re National Bloggers Club Inc.

To whom it may concern:

Please take this as formal notice that the State of Texas has forfeited your rights to the National Bloggers Club as of February 21, 2014, after revoking your right to transact business on October 16, 2013. I have assumed those rights through proper legal processes.

You are hereby notified that you may not use the National Bloggers Club name for any purpose, including on any website, for any fundraising, or for marketing or promotion. You must immediately remove any and all references to the National Bloggers Club on any website and from any bank accounts. If you opened any bank accounts or set up any fundraising tools or sites using the National Bloggers Club name or any corporate papers issued by the State of Texas, you must shut those down immediately.

Please note that within four days, I will be meeting or talking with officials from the State of Texas in the Attorney General’s Office, other departments, the FBI and the IRS regarding your use of the National Bloggers Club to raise funds based on fraudulent misrepresentations regarding the validity and 501c3 status of the National Bloggers Club.

Brett Kimberlin

 Another controversy surrounding Akbar's leadership of the National Bloggers Club is the organization's non-profit status.  Initially, the Club advertised itself as a 501(c)3 organization (to which donations are deductible for tax purposes), but there is no proof that the NBC ever filed papers with the IRS to become such an organization.  So what is the status of the 501(c)3 application, Ali?  

As an aside, I do not believe that the NBC ever deliberately tried to misrepresent their status as a non-profit organization.  I believe they intended to become one, but just dropped the ball.  I have only seen one such representation, and no more.  This appears to have been an honest mistake rather than an intent to mislead anyone.  Of course, Kimberlin and his toadies have jumped on it and blew it all out of proportion.  They were apparently able to do so due to Akbar's negligence in the matter.

MY CONCLUSIONS to all of this is that Kimberlin has used Akbar's administrative incompetence to harrass and embarrass the National Bloggers Club.  This happened due to Ali Akbar's failure to take care of business.  This is especially surprising because Kimberlin has has had an extreme grudge against Akbar and the NBC for at least two years, and Akbar should have known better than to be so sloppy and allow Kimberlin a clear shot.

Ali Akbar should resign as president of the National Bloggers Club.  I am not a member, and will not become one unless the Club installs a leadership that I can trust for competence and professionalism to protect my interests as a conservative blogger.

Brett Kimberlin's Continuing Assault on Truth and Justice: How About a Lie Detector Test, Brett?

Brett Kimberlin has continued his assault on truth and justice with a second amended complaint in his lawsuit against various bloggers, pundits and companies.  I didn't read it all, as I have read the first two and do not wish to wade though all of that manure again.  It appears to be 90% innuendo, long on ambiguous accusations and very short on specifics.

However, if you wish to read it, you can read it at Hogewash here.

Kimberlin complains about "false narratives" directed at him by the multitude of defendants, for implying that he had anything to do with the criminal SWATtings of conservative bloggers who, just coincidentally, had concluded court disputes with him or had written critical things about him.

I know that lie detector tests are not allowed as evidence in courts of law anymore -- it is too easy to get a false read.  However, I would be happy to accept the results of such a test, voluntarily taken by Kimberlin, that tend to exonerate Brett Kimberlin in the following areas:

1.  Whether or not Brett Kimberlin was in any way connected to the murder of Julia Scyphers, either as one ordering or acquiescing in the hit, or as one concealing the identity of the murderer, or in any other capacity as an accomplice before or after the fact.

2.  Whether or not Brett Kimberlin ordered the Swattings of various conservative bloggers or pundits, or if he knows who did, or is in any other capacity an accomplice before or after the fact.

3.  Whether or not Brett Kimberlin ordered the recent DDOS attack on Kimberlin Unmasked website, or if he knows who did, or is in any other capacity an accomplice before or after the fact.

4.  Whether or not he lied about being physically attacked and injured by Aaron Walker as claimed in his Second Amended Complaint.

The author of the book "Citizen K:  The Deeply Weird American Journey of Brett Kimberlin" wrote that when given a lie detector test about the Speedway bombings, Kimberlin's heart figuratively exploded, which tends to indicate Kimberlin is sensitive to questions in a lie detector test, and that such a test would prove reliable.

I also acknowledge that no one is obligated to disprove allegations or suspicions against himself, but in Kimberlin's case, suspicion is reasonable and inevitable in the above issues, given Kimberlin's criminal past and ruthless behavior.  That suspicion will continue until Kimberlin takes susbstantive steps to remove it.