Tag Archives: Brett Kimberlin

Footnotes in Legal History


John Hoge’s latest filing in the Hoge v. Kimberlin et al, suit is nominally the Plaintiff’s Opposition to the Kimberlin Defendents’ Motion For Sanctions, but we’ll just call it the definitive response to the Kimberlin lawfare.

For those just joining us…a paroled felon named Brett Kimberlin has objected when writers took note of his attempts to silence lawyer and blogger Aaron Walker. The first sentence of the above referenced document is the most brutal and true description of events:

Ironically, the Kimberlins are falsely accusing Mr. Hoge of crimes in an attempt to silence him while Mr. Hoge is suing them for falsely accusing him of crimes in their previous attempts to silence him.

Blogger, ‘comedy’ writer and occasional chronic disease sufferer Bill Schmalfeldt is also being sued by Hoge. 

As usual, folks read the Hoge court filings for the clarity, but stay for the footnotes:

FOOTNOTE

FOOTNOTE2.png

As Hoge aptly demonstrates, Kimberlin and Schmalfeldt have sued quite a few people, and have been very unsuccessful, unless their true goal was to make themselves into laughingstocks.

They sue to try to stop others from exercising their First Amendment right to speak and write truthfully.  One wrote anal rape fantasies, the other blew a guy’s leg off with a homemade bomb. Both will be mere footnotes in legal history.

Team Kimberlin Strategies


There are some basic strategies in the TK Official Playbook™, including accuse the accuser, weaponize the family and blame the blogger for his commenters.

But the least effective strategy is “hide and seek.”  In Mat 2016, Brett Kimberlin hid from service — even telling a deputy sheriff “Good luck finding me…”  Details in this post.

We published this updated version of the popular book:

Wheres Brett.png

Bill Schmalfeldt has apparently also changed addresses, and has been slow to inform the court about his whereabouts. 

Details at Hogewash!

I do hope that Team Kimberlin learns that hiding is not a winning strategy. Like filing false police reports, doctoring documents and pretending to misunderstand the court procedures…this sort of thing only brings more trouble.

Put on your big boy pants…and participate in the process like a grownup. Anything less makes you look guilty.  

 

Team Knucklehead Forged Document of the Day


The latest in a series in which I doctor legal documents to say what they really mean, using the techniques of Team Kimberlin. The following is not an excerpt of a document recently published on Hogewash! but is in fact a work of fiction:

lie

For context: John Hoge is suing Brett Kimberlin and Bill Schmalfeldt in part because they are knuckleheads, but also because they used social media and the courts to try to destroy John Hoge’s reputation. Hoge’s supposed offense was telling the truth about both these clowns.

HOGEWASH

Used without permission. If Hoge sues me, I’ll show up.

As far as Schmalfeldt’s advanced mostly cured Parkinson’s disease, he gets around just fine, and I’m sure it would be only a minor inconvenience to him to show up when he is sued.  

Most recent Hogewash post on the subject is here.

Would You Rather Be Called a Vexatious Litigant, or a Forger?


From today’s Team Kimberlin Drivel of the Day over at Hogewash!

VEXATIOUS

Because name calling is not limited to the body of Kimberlin’s court filings.

For the record, John Hoge hasn’t vexatiously pursued litigation against Brett “The Speedway Bomber” Brett Kimberlin. John Hoge just has simply continued to respond when necessary to the random bits of silliness associated with the current lawsuit. John Hoge filed the lawsuit after Team Kimberlin weaponized the courts to try to stop Aaron Walker and John Hoge from writing about Brett Kimberlin.

The issue today has to do with who created a document which differs from the transcript which was obtained by Aaron Walker or John Hoge of testimony by Mrs. Kimberlin.

Did she say a mother would like to give their children the best life they could...and later any mother would like to protect their child…

Or in both situations did she say lie?

EXHIBIT A

A transcription error is always possible. That would not explain why Kimberlin and Hoge have presented documents which are supposed to be identical, but which of course are not.

More likely is forgery. Detectives have been dispatched to get to the bottom of this.

Did you know that Brett Kimberlin altered documents in previous cases?  That he was convicted of perjury? Or that his own biographer concluded that Kimberlin was a habitual liar? Or that evidence in one of Kimberlin’s cases was planted at the home of an innocent party? 

This might blow up in Brett Kimberlin’s face. Sorry. Bad turn of phrase. 

 

 

 

 

Yes, Please. I’ll Bring the Popcorn!


Brett and Tatyana  Kimberlin are being sued by blogger John Hoge. Discovery isn’t going well, since apparently they don’t have or can’t find any evidence. Simple questions are going unanswered.  On the other hand…

Tetyana Kimberlin’s answers to the interrogatories in Hoge v. Kimberlin et al., includes this list of witnesses:

Witness list

I don’t actually recognize some of the names, but I see two judges and an Assistant State’s Attorney. These are fact-based people. Sworn not to lie. 

There will be testimony by Tatyana Kimberlin’s daughters. They likely will testify about whatever Dad told them. I’m basing this on the eldest daughter’s previous testimony.

And Bill Schmalfeldt. 

To the End

We’re gonna need more popcorn.

The Best Part of the “Kimberlin Buys Trump Forgeries” Story


Not that Brett Kimberlin thought that evidence against a sitting president — a billionaire — could be bought for $9,000.

Not that his one chance for relevance to Democratic operatives just got destroyed by documents with the wrong dates and misspelled names.

No. The best part of this is in the headline.

Canada Free Press:

Domestic.png

After all he’d done to change the narrative. To make himself a new story. To sue people who write the truth about him.

After all that, he’s a “convicted domestic terrorist.” Hey. Don’t take my word. Ask the Canada Free Press.

Buzzfeed reminds us why: 

Kimberlin earned the nickname “Speedway Bomber” by setting a string of bombs in Speedway, Indiana in 1978. Though nobody died from the blasts, one Vietnam veteran had his leg amputated due to injuries suffered during one bombing. Carl DeLong, the victim, committed suicide in 1983.

Kimberlin was deemed to be civilly responsible for Delong’s death by suicide and he was ordered to pay a large sum to DeLong’s widow. He has not. — Dave

Kimberlin, who is in his early 60s, served 17 years in prison for the bombing spree. He gained more notoriety in prison after he concocted a story about having once sold marijuana to then-Vice President Dan Quayle. The story was propagated by Cody Shearer, a political operative who worked for the Clintons in the 1990s. After being released from prison, Kimberlin has battled conservative activists who have drawn attention to his newfound career as a left-wing operative.

Buzzfeed didn’t want to look up his actual age, so I did:

62

And apparently, that’s what he’ll always be. 01035-079

A Brutal and True Depiction


Update: Krendler adds this wisdom:

Bill Schmalfeldt is a liar.  Bill Schmalfeldt cannot be trusted.  Bill Schmalfeldt is a worthless pig.  Bill Schmalfeldt is due for a lesson in manners and consequences.

For what it’s worth, I once tried to impress upon this fat piece of shit that our CHOICES determine our ACTIONS, our ACTIONS lead to CONSEQUENCES, and the RESPONSIBILITY for the CONSEQUENCES lies squarely with the person who made the CHOICES in the first place.

Here’s a shock:  it didn’t take.

___________________________________________

John Hoge reports that a motion to compel discovery from Bill Schmalfeldt has been filed with the court overseeing Hoge v. Kimberlin, et al.  It also appears that Schmalfeldt’s offer to settlethe case has been rejected by John Hoge. I have not read the offer. Since part of John Hoge’s issue with Schmalfeldt has to do with a previous agreement which was not honored, we can all see why Hoge might wish to let a judge decide who is right.

By the way, in this dispute John Hoge has the facts on his side, in my opinion. 

After years of Peace Orders and harassment, this lawsuit might hold Brett Kimberlin and Bill Schmalfeldt to task for their internet activities. Oddly enough, Schmalfeldt might be undone by one simple comment among thousands of more vile comments he has posted online. 

Bill Schmalfeldt_Scrotum

Nope. Not that one.

Bill Schmalfeldt’s own words:

I agreed with a blog entry on someone else’s blog that called Hoge out for stalking Kimberlin’s daughter. NO JUDGE IN THE WORLD IS GOING TO FIND ME GUILTY OF DEFAMATION FOR THAT EXPRESSION OF MY FIRST AMENDMENT RIGHTS.

The text of this now-deleted post has been archived and is available should someone claim these are not the words of Bill Schmalfeldt. I am not linking to the document, but it is available.

He did much more than agree, he endorsed the truthfulness of the article.

From John Hoge’s complaint:

ALLEGATION.png

Paragraph 43 includes a correct quotation of the comment in question. I saw it the week it was posted, and have seen it on BU since.

In general, I think the author should be responsible for their own words. On the other hand, if you endorse the truth of another person’s writing, you have an obligation to back that up. Every fact in the article must be correct, and the tone of the article should match the event described.

Again, Bill Schmalfeldt:

I am also being sued for being part of a conspiracy to defame Hoge. He has no proof of this, nor was there anything even resembling the legal definition of conspiracy going on here.

It is my understanding that discovery isn’t going smoothly in this case. Please reread the Bart Simpson style comment above. “I didn’t do it and you can’t prove it,” is not a solid legal foundation.

Emails between conspirators might help prove John’s point.

Mr. Hoge might have a very hard time proving a conspiracy between a handful of actors in Team Kimberlin, if the participants refuse to cooperate. On the other hand, a judge might just figure that attempts to hide evidence of conspiracy is in fact a data point proving a conspiracy.

 

bowl of popcorn