Sunday, March 15, 2015

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  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.

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