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.

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.”

The Kimberlin/Rauhauser/Schmalfeldt Backstory

Kimberlin Unmasked has another comic up today, one that tells the backstory of the Brett Kimberlin saga of suing conservatives...for telling the truth about Kimberlin's sordid past.

Why would Brett Kimberlin care about anyone telling the truth about his criminal past?  It has been well documented in years past, through news articles of his trials and sentences, and by author Mark Singer in his book, Citizen K:  the Deeply Weird American Journey of Brett Kimberlin.  I found a copy of the out-of-print book on Amazon and read it cover to cover.

Kimberlin Unmasked's post references a lengthy article by Robert Stacy McCain, which explains the history of Kimberlin's current spate of lawsuits that began in 2010, when a liberal blogger named Seth Allen alleged that Kimberlin's 501 (c) 4 organization, Velvet Revolution, was a scam to make money through liberal donations.  If this is true, then the vicious legal attacks by "Team Kimberlin" make a lot more sense.  This is more than just a pissing match over conflicting political ideology, it is a fight by Kimberlin to protect whatever credibility he has with the liberal donors who fund his operations.  Since he raised around two million bucks before Seth Allen blew the whistle, it is obvious that serious money is at stake.

Some leftists have been running donation scams for years.  The Southern Poverty Law Center (SPLC) is the most extreme example, labeling various conservatives as "racists" for their legitimate political views that have little or nothing to do with race.  SPLC created a double benefit for itself, slandering conservatives while reaping great quantities of cash from liberal donors.  We're talking tens of millions of dollars.  (Some of the best exposés of SPLC have been made by various ethical liberal writers.)

If McCain is correct (and I have no reason to doubt him), Kimberlin ally Neal Rauhauser has been conspiring since 2010 to launch malicious prosecution and abusive process legal actions against conservative pundits and groups, beginning with the Chamber of Commerce.  The idea was to destroy these individuals and organizations while reaping great cash rewards in the process.  And if the suits failed, then Rauhauser's cabal of conspirators could at least cause their conservative targets much time and money in defending the suits.  We are greatly indebted to R.S. McCain who has tracked down the details of this story and compiled them into a comprehensible narrative.  For his efforts, he has been targeted by Brett Kimberlin and named as a defendant in Kimberlin's abusive RICO lawsuit.  Go here and donate to McCain.

Rauhauser's conspiracy was nuts to begin with, and probably would have failed, because being conservative is not a crime or a violation of the rights of leftists.  It is for this same reason that Brett Kimberlin's false RICO suit against 22 defendants will also fail.  The suit is fake, a malicious attempt to misuse the courts to punish anyone who tells the truth about Brett Kimberlin and his business organizations.  I have read Kimberlin's lawsuit.  One does not have to be an attorney to see how thin and specious his claims are.

Brett Kimberlin and Neal Rauhauser are very bad apples, inspired by dark motivations. Their associate Bill Schmalfeldt is a small fish in their poisonous pond, more of an annoyance than anything else.  Normally, I wouldn't be concerned with any of them, but their abuse of the court system to punish conservatives (and liberals who expose them) clearly affects us all.  The story is therefore fascinating, and it will be interesting to see how it all plays out.  I expect their dastardly deeds will explode in their faces, and I look forward to that conclusion with great anticipation.