What part of "No" do you not understand?
Well, we were wrong. We had planned to publish this one when Bunny Boy ran a post based on leaked discovery material from the Kimberlin v. Frey LOLsuit, but it looks like Brett has put quotes from discovery documents in an open court filing as a way to leak material.
A tip of the hat to @BKWatch for the suggestion.
Brett seems to be having real trouble serving defendants via mail.
I seems that Aaron Walker has had enough of Brett's lawfare.
Brett has tried to frame Aaron Walker for a bunch of crimes—assault, failure to comply with a peace order, harassment, and electronic harassment of a minor. He's falsely accused W. J. J . Hoge of harassment and electronic harassment of a minor as well. Filing a false report with a cop or judicial officer is a crime in Maryland. One of these days …
How does Brett get people to believe his stories?
Kimberlin v. Walker (peace order and appeal), Kimberlin v. Walker 2 (peace order and appeal), Kimberlin v. Norton (peace order and appeal), Kimberlin v. Walker, et al., Kimberlin v. National Bloggers Club, et al. (federal suit and appeal), Kimberlin v. Home Depot, Kimberlin v. Hoge (peace order and appeal), State v. Walker (electronic harassment), and State v. Hoge (electronic harassment) have all failed. How long will it be before the remaining cases follow them?
Alinksy's Rule 5: “Ridicule is man’s most potent weapon.” There is no defense. It’s irrational. It’s infuriating. It also works as a key pressure point to force the enemy into concessions.
With that, we'll let a McCain's Rule 5 Girl weigh in …
Brett writes looooong complaints accusing sometimes dozens of defendants with multiple offenses, and he has yet to win anything in the end.
Brett has lost another round in court. We can hardly wait to hear how Bunny Boy and Ankle Biter Willie will spin it as a win.
The single claim remaining against a single defendant is all that is left of Brett's first racketeering LOLsuit. The parties are now going through discovery.
Brett screwed up discovery in the state LOLsuit he lost in 2014. Looking at the stuff published at Hogewash, it seems that he tried to use it as a fishing expedition on matters unrelated to his case, and, of course, he was unsuccessful in his attempt at stonewalling the answers to the defendants' discovery. Does anyone know if he ever paid the sanction for diddling with discovery in that case?
He's dodged the discovery bullet so far in his first racketeering case. So far. It will be interesting to see what Patterico seeks.
There are interesting times ahead.
Brett's appeal of the dismissal of his racketeering LOLsuit is collecting informal response briefs and, now, a motion for sanctions.
Brett has screwed up. He has tried to use Neal Rauhauser's theory of lawfare against the wrong people. He's finding that some media organizations are willing to go to the mat for the First Amendment, that there are dedicated lawyers willing to work pro bono to defend the First Amendment, and that some bloggers are willing to engage him as pro se litigants at low cost. Lawfare works in some cases because in some case the process becomes the punishment. Brett is seeing that turned back on him.
Some performers busted for drugs in Texas go on to have successful music careers. We're told that talent helps.
Aaron Walker filed a motion to dismiss Brett's latest LOLsuit in state court based on Maryland's Anti-SLAPP law. (SLAPP stands for Strategic Lawsuit Against Public Participation.) SLAPP laws are aimed at protecting First Amendment rights against the the kind of shutuppery lawfare that Brett has been engaging in.
Brett didn't bother to oppose Walker's motion, so now Walker has asked for a hearing on his unopposed motion to dismiss.
Marvin showed up early one afternoon in September, 1978. The earth-shattering didn't come until later that evening.
Some of Brett's convictions were the results of unfortunate interactions with certain chemicals.
His perjury conviction came about from lies he told to a grand jury about his dealing LSD, and 50 years of his 51+ year aggregated sentence (which expires in 2030) came from his use of Tovex in his time bombs.
Brett was "He Who Must Not Be Named" for a few weeks in 2012 after he got a Montgomery County District Court judge to make an unconstitutional gag order part of a peace order against Aaron Walker. First, the gag order, and then, the whole peace order were overturned on appeal to the Circuit Court.
With his over-the-top cease and desist missive, if looks like Mr. Bill wants to follow in his "excellent friend's" footsteps.
We read the copy of Brett's brief that he filed with the Fourth Circuit Court of Appeals. We also went to the court's website and read the instructions on how to file the sort of brief the court ordered him to file.
So Brett wan't able to represent his daughter at the peace order trial against W. J. J. Hoge last Thursday. He continues to bat 1000 at losing.
It's almost enough to make us wonder why Brett keeps sticking to a losing strategy.
Funny you should ask. We have heard that the topic came up at all. Perhaps, Mr. Bill knows.
Two peace orders against Aaron Walker. A peace order against John Norton. The LOLsuit against Walker, Hoge, McCain, Ali, and the Original Kimberlin Unmasked. The racketeering against two dozen defendants. The rip off suit against Home Depot.
Every single one was a loser for Brett, and he still keeps filing 'em.
As Brett becomes more well known and as he continues to lose court case after court case, perhaps it's time of a career change.
… to the ram battering through the wall.
It seems like a good time to recycle this golden oldie from the original Kimberlin Unmasked with just a bit of updating …
One of the things Brett has sued so many people over is his being dropped from a State Department program because of truthful report about his being the Speedway Bomber. It's as if he thinks it was unreasonable for the State Department to be concerned about the optics of a convicted serial bomber training "activists" from the Middle East.
Of course, Brett does have the resources of his "charities" …
When Brett tried to control his reputation via lawfare, he managed to bluff a few people into submission, but the losses he's suffered (he's 0 for 3 against Hoge and 0 for 4 against Walker) show that he's pretty much a humbug.
Unlike the Wizard, Brett is not benign. He's shown that by including defendant's he had settled with in his appeal of his racketeering lawsuit. Not only is he a humbug, he's looks to be a backstabbing one.
Brett and his team of cyberstalking thugs can still engage in harassment. However, they're becoming more trouble than they're worth to those who once found them useful. Diddling with Twitter account now pretty much all they have left that works. Meanwhile, Brett's opposition has discovered that they are the ones with hearts and brains and courage.
Brett sought a million dollars in damages with his first state lawsuit. He lost.
There is probably no truth to the rumor that Brett is being considered for the role of Mini-Me in the Austin Powers remake.
Inspired by the title suggestion from Paul Krendler.
Only in the sense that he's trying to get the Fourth Circuit Court of Appeals to review his loss of his racketeering lawsuit …
Brett claims to be one of several million customers of Home Deposit whose credit cards accounts were affected by a data breach at Home Depot. Yeah, big deal. It happened to one of us too. Brett is suing.
We wonder it this suit would have been filed if Home Depot were one of the companies donating building supplies to Brett's Green Casa Maryland project?
C.O.U.R.T.S. to Brett: All your base are belong to us.
KU adds: You have no chance to survive make your time. Ha Ha Ha Ha …
Brett loses yet another motion with no basis in either the facts or the law. His motion for a new trial in the state case against Walker, Hoge, McCain, and Akbar has been denied.
We can remember Team Kimberlin making fun of W. J. J. Hoge's use of res judicata during the hearing on Schmalfeldt's motion to amend the first peace order, but Hoge won. Aaron Walker, Stacy McCain, and Hoge also used res judicata as one element of their defenses against Brett's racketeering suit, saying that their earlier win in state court settled certain issues.
Now Brett wants to try his hand at using it to prevent Dan Backer and DB Capitol Strategies from seeking attorneys' fee in the racketeering case, but …
Note: The title was ripped of from Dr_Mike's comment on this subject at Hogewash
So Brett let the deadline to oppose Hogie-Wan's motion to dismiss the Electric Boogaloo racketeering lawsuit go by without filing anything with the court. We're guessing that he's figured out that his complaint is a disaster and that he's busy trying to put together an amended complaint. Also, after the same judge just bench slapped him over having Hoge in the first racketeering suit, Brett may have figured out that letting Hoge go saves his claim of the court having diversity jurisdiction. (Brett and Hoge both live in Maryland; diversity requires that no plaintiff live in the same state as any of the defendants.)
Or maybe Stacy McCain is right, and Brett is really The World's Worst Pro Se Litigant™.
Earlier this evening, Brett sent a tweet with a video selfie
to Aaron Worthing, W. J. J. Hoge, Stacy McCain, and us …
"Kimberlin has failed." "Plaintiff is mistaken." No wonder Brett doesn't cite proper legal authorities …
Does Brett know the difference between a Marshal and a Marshall?
This really is a frame from one of Brett's YouTube videos …
We wonder if Op-Critical will ever do a cover of "Short People"?
Continuing with our Downfall schtick …
And the fool filed another racketeering lawsuit yesterday …
We find it interesting that one of the things Brett complains of in his racketeering lawsuit is being cut out of a State Department program that trains foreign activists.
As a former editor of Breitbart Unmasked sometimes says, "Oopsie Poopsie!"
The Brettbunker is Brett's lair in his mother's basement where he plots his schemes. We've been using scenes from Downfall
to represent what goes on there, but this may be more accurate.
We wonder if Bunny Boy has enough sense to print retractions?
Brett had his ass handed to him again in court this week. And in other breaking news, water is wet and the Pope is Catholic.
Given how ineffective his current PR flacks are, Brett must be looking for other options.
It may only be a coincidence that the sudden full-court press being applied to W. J. J. Hoge occurred after law enforcement charged Mr. Bill with violating the most recent peace order. Yeah, that's the ticket.One More Thing
—Brett has a history of filing a false criminal charge against an opponent immediately before a hearing or trial so that they are arrested at the courthouse. He did it to Seth Allen. He did it to Aaron Walker. And he filed a bogus involuntary mental health petition against his wife that caused her to be arrested after a protective order hearing. Once was bad luck, twice was coincidence, and the third time was enemy action. A fourth time could get very interesting.
Some younger people may not recognize the character shown below. It's Hamilton Burger, the DA in the original Perry Mason TV series. Of course, Mason won almost every time, but Burger actual won two cases on their merits during the 9 year run of the series.
None of us are lawyers, but the one we checked with told us that it appears that Stacy McCain's reply that was filed earlier this week should be the last court paper normally allowed under the Federal Rules of Civil Procedure relating to the motions to dismiss Brett's racketeering lawsuit. If that's the case, the judge can now rule on those motions without short-circuiting any party's right to be heard.
Stacy McCain has referred to Brett as The World's Worst Pro Se Litigant™. Given Mr. Bill's performance, McCain may have Brett a notch lower than he deserves, but it's clear that Pro Se Brett isn't much of a match for Pro Se McCain.
Don't worry, Brett. We weren't invited either.
Brett has several recurring lies about his past lawfare that keep coming up. For a while, he was peddling a tale of a super-secret exoneration of his federal crimes and being paid some sort of settlement. According to the Parole Commission, he's still on parole. His sentence up around Labor Day in 2030.
The bogus story currently being refloated by Ankle Bitter Willie Ferguson is about Brett suing Mark Singer for libel because of "Citizen K." There's no record in any court anywhere of such a lawsuit. Even if the settlement were sealed, the existence of the suit would still be a matter of public record, and the complaint would be available from the docket.
If Brett had won such a libel suit, then he would have been able to claim that quoting from the book was libelous. He hasn't made any such claim as part of his current defamation suits.
Finally, Mark Singer and his publisher Knopf have not made any retractions. Ferguson is full of it.
Brett's first disastrous attempt at an album was issued back in the '90s during his first parole. One of the tracks was called "Teen Dream." Here's what Brett said about it in interview published by Washington "City Paper"—“I say things a lot of people are afraid to say. Yeah, ‘Teen Dream’ is about fucking a teenage girl."
When Brett sued Aaron Walker for defamation, he asked Walker during the trial why Walker thought he was a pedophile. Guess what one of the reasons was.
In the Op-Critical music video "Fear Not," Brett sings about being confused and crazy because he doesn't know what to be afraid of …
In rereading W. J. J. Hoge's blog history of Brett's lawfare, we were struck by Brett's choice of a pirate-themed fundraising website. Brett's self-identifying as a pirate seems appropriate. Pirates are outlaws. They are hostis humani generis, that is, enemies of mankind.
While piracy is no joke, we are willing to join in Hoge's teasing Brett about the dangers that can face a pirate.
For the past three years, Hoge has been referring to Brett as The Dread P_____ Kimberlin, where the p-word can be Pirate, Pedo, Pro-Se, or Performer, depending on the context. He recently put up a post
that explains where he's coming from.
We think that we'll probably mostly stick with our Pro Se Dog and Downfall riffs for the time being.
About a year ago, Brett went crying to the judge in his racketeering case for extra time because of snow days.
Really. He did.
This year, he seems to have got ahead of the weather.
The recycled image from the Original Kimberlin Unmasked is used without permission.
While looking through the online docket of Brett's racketeering case on PACER, it doesn't take long before it's obvious that Brett believes "the rules" don't apply to him. By "the rules" we mean any rules—the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the court's Local Rules, or, especially, the rules of logic.
Our spycam in the Brettbunker passed this along. Given what's happened during the past few weeks, we suspect that Brett may be losing patience with Mr. Bill.
Brett thinks he's a shrewd, talented, clever, and powerful Count-Dooku-class badass.
He's wrong. Very, very wrong.
Brett talked about his attempts to have Mr. Bill harass us by getting our Twitter accounts suspended in the opposition he filed to Stacy McCain's motion to dismiss Brett's racketeering lawsuit. He said that he's waiting for our @WatchfulAvenger account to be taken down.
It hasn't happened yet.
Heh. It looks like his Frankenstein Monster of a case is getting away from him.
Last year, Brett complained to the judge in his racketeering case that some of the defendants had said mean things about him on the Interwebz. The judge was not impressed. Brett's trying the same thing again.
The title of this post was inspired by a quote from the physicist Wolfgang Pauli that we saw over at Hogewash. When we read Brett opposition to Stacy McCain's motion to dismiss, we were amazed to see how scatterbrained it is, even for one of Brett's filings. We weren't amazed at its meanness. Given Brett's history, …
Brett has filed an opposition to Stacy McCain's motion to dismiss, and it turns out that we have a supporting role in the drama.
We note that the message was forwarded to Brett. Our working hypothesis is that Mr. Bill was the person who initiated the bogus complaint with Twitter.
There's been a lot of comments on the Interwebz that have been critical of how the court has handled motions and such for Brett's federal racketeering lawsuit. While we haven't agreed with everything the court has done, we are encouraged that Judge Hazel knows that he dealing with a liar for a plaintiff. This comment from a footnote in one of his orders indicates that he is getting a good grip on the case.
Forgery runs throughout Team Kimberlin. Brett's been caught during the past year forging court documents.
Given that a forgery conviction figures into the 51+ year aggregated sentence Brett received and given that his unsupervised parole extend to the end of his sentence in 2030, engaging in forgery is kind of risky behavior on his part.
Here are some scenes from the Kimberlin v. Walker, et al. trial that demonstrate his courtroom klutziness.
It's obvious from his record that Brett is a lousy litigator. He doesn't know how to present his case effectively, and he seems to know even less about how to prepare it.
He had this exchange during a hearing that resulted in 5 of the 7 claims in his state lawsuit against Walker, et al. being thrown out on summary judgment.
There are certain themes that recur throughout Brett's life …
There are rule of evidence that apply in a court of law. They determine what is and isn't admissible in a proceeding. Brett's failure to play by the rules has meant that much of his "evidence" never gets before the court. For example, consider this exchange from last summer's defamation trial …
Looking back over the suspicions related to "Jessica," the murder of her grandmother, the presumed connections between that murder and the Speedway Bombings, Mrs. Kimberlin's allegation of statutory rape, etc., it's interesting to see what Brett complained of during a hearing in his state lawsuit last year.
Mr. Bill’s forgery claims don’t seem to be getting any real world traction.
Mr. Bill’s story has more holes than all the cheese in Switzerland.
Brett has been trying—and failing—at a career in music since he got out of prison the first time back in the ‘90s.
We managed to listen in on a recent strategy session in the Brettbunker (aka Mom’s Basement) …
Brett has been screwing up service of process left and right in all of his recent lawfare. It appears that he neglected to serve Stacy McCain with the second amended complaint in his federal racketeering lawsuit within the time allowed, but is trying to have McCain found in default anyway.
McCain is pointing out that Brett doesn’t even have forged evidence to support that claim.
Pro Tip: Never try to outcrazy Stacy McCain.
Brett is making some interesting unforced errors in his federal racketeering lawsuit.
Brett has filed his massive state and federal lawsuits complaining of a vast conspiracy to do him harm, but when pressed about who did what, when they did it, and how he was damaged, he never seems to be able to come up with any evidence.
Brett claims that those of us who tell the truth about him are really spinning false narratives. The truth is, Brett is a liar and the source all the falsity, lies, and bullshit associated with him and his lawfare.
One of the defendants in Brett’s racketeering lawsuit is a journalist named Mandy Nagy. Ms. Nagy suffered a stroke last year and is slowly recovering. Because of her enormous medical bills, she will probably be judgment proof for the rest of her life. Even if he were to win the suit against her, he’d never receive a dime. Since Ms. Nagy is not able to participate in her own defense, Brett is seek to have her mother substituted as defendant on Ms. Nagy’s behalf.
This is a marvelous example of the kind of legal terrorism Brett engages in.
Brett has filed a letter with the judge in his racketeering lawsuit asking to reopen the case with respect to Lynn Thomas. Mrs. Thomas was the individual that he named as Kimberlin Unmasked in that case. Although he reached a settlement with here and dismissed her fro the case, he wants to punish her because of the existence of this website.
Mrs. Thomas has nothing to do with the current version of Kimberlin Unmasked.
All of the original material found here and on the companion Twitter account has been lifted from the Internet. (Google and The Wayback Machine are very useful.)
Brett should rein in his petty meanness before it caused him more trouble than he can imagine.
Brett is a loser, and he doesn’t like it.
He thought he had worked out a great deal to shut down the satirical criticism coming from Kimberlin Unmasked, but he didn’t figure all the angles. The Original Kimberlin Unmasked site is gone, but we’ve taken its place. The Original @kimberlinunmask Twitter account was closed, but we grabbed the handle before Brett could. Now, he’s trying to punish Lynn Thomas, one of the people he claims was part of the Original Kimberlin Unmasked for his lack of foresight.
This will not work out well for Brett.
One of the donation-raising scams that Brett has tried over the past couple of years was NRAWatch.org. The now defunct website tried to piggyback on the to-do following the Newtown shootings. It featured a petition drive, led by Mr. Bill of all people, to outlaw advertising of guns to children. (Note: One must be 18 to buy a rifle or shotgun in the U. S.; one must be 21 to acquire a handgun.)
Brett hasn’t always been anti-gun. He owned a small arsenal back in his dope dealing days—even though at the time he was banned from possessing firearms because of his prior felony conviction for perjury.
Brett should have picked on someone his own size. We suppose his problem was finding someone of small enough stature.
Patterico, Aaron Walker, Ali Akbar, W. J. J. Hoge, (non-party) Ace, and Stacy McCain aren’t the only defendants pushing back twice as hard.
Mr. Bill isn’t the only member of Team Kimberlin who’s lawfare is falling on hard times. Brett lost his state defamation suit against Walker, et al., and he’s now well on his way to losing his federal racketeering lawsuit. It’s one thing to lose a lawsuit. It’s something else to lose and be sanctioned—and the remaining defendants in the racketeering suit all seem to be looking for sanctions against Brett. Given that he has forged a summons and altered evidence, sanctions are a real possibility.
The graphic is from the Original Kimberlin Unmasked and is used without permission.
Neal Rauhauser’s Theory of Lawfare didn’t allow for defendants who punch back twice as hard. Or harder.
Now that Brett has lost his state Kimberlin v. Walker, et al. lawsuit and is well on the way to losing his federal racketeering case, we wonder if he’s stopped to count the cost of his lawfare. He spent over a year suing the people he believed were Kimberlin Unmasked, settling that case—and then seeing this website appear.
Hoge used to ask how Brett thought his brass knuckles reputation management was working. From our point of view, it’s failing. Miserably.
As we piece together the timeline of Brett’s lawfare over the past few years, we’ve found some interesting coincidences. For example, essentially all of the songs initially recorded by Brett’s band Op-Critical were hard rock protest songs. One of the outliers was a song called “Twilight Angel” that he tried to promote for the soundtrack of one of the Twilight movies. It was just as Brett started trying to promote that song that he took to the courts to sue Seth Allen claiming that Allen had defamed him by calling him a pedophile. (BTW, Seth Allen never did.)
As near as we can tell, none of the members of Team Kimberlin have actually come out and condemned the terrorist attack on the Charlie Hebdo offices last week. There have been a few posts about things that were happening, but nothing the we can find speaking out against the Islamofascist attack on free expression. Here’s a sampling …
We doubt that Brett has any interest in real justice whether through music or any other means.
It’s interesting that Brett latched on to Aaron Walker’s participation in Everyone Draw Mohammed just after the Charlie Hebdo offices were firebombed back in 2011.
Question asked and answered …
Team Kimberlin is putting on a display of faux rage over the comparisons being drawn between Brett and his fellow terrorists.
Brett has tried to get information about his enemies into court documents because they are public records that can be published (unless they are sealed). Just think of the acres of paperwork about Brett now available because he chose to vexatiously sue a couple of dozen defendants in his federal racketeering lawsuit.
We wonder if the Streisand Effect should be renamed in Brett honor?
Brett’s PR guy tries to get out in front of the Charlie Hebdo story …
Brett’s loss in a Maryland state court last August didn’t seem to teach him the right lesson.
Now, he not only has no evidence, he has a settled lawsuit. We bet that Hoge won’t be the only defendant in the federal racketeering lawsuit who raises the doctrine of res judicata.
Does he even care? Or is it really random, unfocused terrorism just like the Speedway Bombings?
Brett was unable to shutdown Kimberlin Unmasked with his lawfare. He looks to be headed to a similar disaster in his bumbling attempt to identify “Ace.” His suit names a blog called “Ace of Spades.” The actual name of the blog we think he wanted to target is “Ace of Spades HQ,” and we think the anonymous blogger he wanted to target is called “Ace.” With no more amendments allowed to his complaint, he stuck suing what he sued originally, a possibly non-existent entity.
Brett has put the “Doh!” in John Doe.
Speaking of things that Brett doesn’t want people to talk about …
Brett stalks his enemies and then, to borrow a phrase from Stacy McCain, accuses his accusers.
Brett hasn’t won a single case he’s filed that made it to the Circuit Court in Montgomery County.
BTW, Brett was forced to drop his peace order petition against John Norton when it was appealed to the Circuit Court, and he lost the appeal of the protective order petition he filed against his wife.And Another Thing
—The common theme through all his losing lawsuits is claims presented without any evidence to back them.
Of course, Brett really punches well below his weight.
One of the themes that runs through Mark Singer’s Citizen K, Brett’s authorized biography, is that Brett tend to overinflate his importance in many situations, claiming undue credit of things. Here’s an example of that continuing behavior from the VelvetRevolution.US website. “POE” stand for Protect Our Elections, one of the scams run by VRUS.
The guy in the lower right is Kevin Zeese, the Green Party Cabinet Shadow Attorney General and hanger-on at VRUS. He’s one of the named plaintiffs in a nuisance suit filed against the Federal Elections Commission. He has identified himself in that suit as a lawyer for POE.
Whether spouting bogus predictions, ignoring their Leader’s past, “encouraging” others to do likewise, or hoping to piggyback on his lawfare …
Brett whined about his face being photoshopped onto a Nazi uniform in his nonsensical copyright lawsuit against the Original Kimberlin Unmasked. What has that lawsuit bought him? More Streisand Effect, that’s what.
Brett can sue, but he can’t hide his past. Brett can sue, but he can’t stop people from publicizing his present activities. Brett can sue, but he can’t win.
Brett didn’t like his face on a Hitler Youth uniform. No problem. We’ve promoted him to the big guy himself and made him the star of his own Downfall parodies. And his buddies are all getting supporting roles: Rauhauser as Goebbels, Mr. Bill as Bormann, Bunny Boy as Burgdorf, and others to follow.
The Original Kimberlin Unmasked artwork is used without permission.
If you want to know what the real burr under Brett’s saddle is, you should read the transcript of the Kimberlin v. Walker, et al. lawsuit and pay attention to the questions he asked his daughter when he put her on the stand.
Brett’s big plans fail. Whether it’s smuggling 5+ tons of dope or engaging in lawfare, he comes up short.
The Hogie-Wan image is from the Original Kimberlin Unmasked and is used without permission.
And there are more Downfall themed posts to come.
Imagine the scene in the Brettbunker (aka, Mom’s Basement) when Brett finds out that the legal doctrine of res judicata applies in his federal racketeering lawsuit to the defendants who beat him in state court. That doctrine says that once a matter is decided, it’s decided. Final decisions are final and not to be tried again in another court.
Brett complained in his ridiculous copyright lawsuit that the Original Kimberlin Unmasked had been “superimposing Plaintiff’s face on to other backgrounds, for example in a Nazi uniform.”
We’ve found some interesting stills from the movie “Downfall” …
Back in 2012, Brett claimed that a guy named John Norton had been lurking in the bushes around his mom’s house (where Brett lives in the basement) and that Norton had taken pictures of Brett and his daughter. Brett managed to get a peace order, but it was overturned on appeal when Brett withdrew his petition rather than have to testify under oath about what actually happened.
Brett is still lying about what happened.
The transcript of the Kimberlin v. Walker, et al. trial can be found online
. It’s a very clear demonstration that reason Brett has lost almost all of this “over a hundred” lawsuits is that he has no idea how to effectively make his case before a judge or jury. Very early in his examination of Aaron Walker, he gave Walker a chance to explain why Brett’s case was phony.
Brett’s complaint names a blog called “Ace of Spades” as a defendant in his federal racketeering lawsuit. That has created a bit of a problem for him.
While reading through Brett’s recently filed opposition to the motions to dismiss his federal racketeering lawsuit, we were struck by his claim that the court should rule against the defendants because they have not proved their innocence.
We received this in the mail yesterday.
Brett has filed and lost over a hundred lawsuits, so he probably understands that his federal racketeering lawsuit is as much a loser as the state case he filed against Aaron Walker, W. J. J. Hoge, Stacy McCain, Ali Akbar, and Kimberlin Unmasked. (That would be the Original Kimberlin Unmasked, not us.) He’s managed to con some of the federal defendants into settling with him, and he’s gained some shutuppery at the margins.
He wasn’t very smart in the way he structured his settlement with the two people he thought were the Original Kimberlin Unmasked. He asked for some stuff that they were willing to give him, but it turned out that he blew it. We don’t know the terms of that settlement, and, so far as we know, the alleged Original Kimberlin Unmasked people have lived up to their part of the bargain, but it’s clear from the existence of this blog and the revived @Kimberlinunmask
Twitter account that Brett didn’t get what he really wanted.
We don’t have a dog, pro se or otherwise, in that fight, but we are rooting for one side over the other. We hope that the other defendants will stick it out until Brett’s lawfare is defeated. Meanwhile, we intend to have more fun at Brett’s expense and the expense of the other members of Team Kimberlin.
Brett’s sense of entitlement causes him to believe that any adverse statements made about him should be subject to legal sanctions.
The Hogie-Wan image is from the Original Kimberlin Unmasked and is used without permission.
A letter has surfaced that appears to be from Brett to the judge in his federal racketeering lawsuit. It isn’t shown on the case docket yet. In the letter Brett whines about Patterico commenting on the case on his blog and asks for sanctions. He tried the same trick earlier this year, and the judge told him he had no basis for his complaining.
The parody For What It’s Worth
parody lyrics are by W. J. J. Hoge and are used without permission.
Brett and Team Kimberlin haven’t a clue who is behind this blog. A penny for their thoughts on the matter would be overpayment. Meanwhile, our fun with their follies continues …
The parody For What It’s Worth
lyrics are by W. J. J. Hoge and are used without permission.
Here’s another example of Brett using an exhibit which not only doesn’t support his allegation—it refutes his story.
Brett had lots of extra time (with the two extensions he was granted) to craft his omnibus opposition to the motions to dismiss his racketeering lawsuit. And yet, it seems to be a rushed and disjointed effort.
Brett has filed his omnibus opposition to all the motions to dismiss his federal racketeering lawsuit. And now, the defendants contemplate their replies.
Brett may have filed over a hundred lawsuits, but he’s won almost none of them. His amazing inadvertent admission in his motion for a new trial in the Kimberlin v. Walker, et al. case—that the defendants had published factual information about him—shows how poorly he plans. In order to prove his case, he must show that the defendants’ statements were false. But if they’re factual …
No wonder he’s such a loser.
Time is almost up for Brett to get his paperwork in to oppose the pile of motions to dismiss his racketeering lawsuit.
Last year, Brett moaned about having to get court papers filed during the Christmas holiday season. This year, the defendants will be the ones working through Christmas and New Year’s. Brett probably thinks that is some sort of victory.
The Hogie-Wan image is from the Original Kimberlin Unmasked and is used without permission.
Poor Brett! He claims that the Defendants he is suing in his federal racketeering case have injured his mental well-being.
Brett has until until the court closes on Monday to file his opposition to all of the motions to dismiss his lawsuit. Since he has dismissed the suit (with prejudice) against the individuals he claimed were Kimberlin Unmasked and since we have not been served with anything, Kimberlin Unmasked no longer considers itself a party to the lawsuit. Still, we are interested, and we look forward to reading his not-to-exceed-50-page document.
Brett has been struggling to have a career in music for around twenty years. He has complained that the publicity he has received because of his lawfare has been bad for his business.
Perhaps, but it seems more likely that poorly produced recordings of songs with creeptastic lyrics sung by someone with an unattractive voice may be responsible for a greater part of his failure.
One of the major goals of Brett’s lawfare is to identify his perceived enemies who speak and write about him anonymously of pseudonymously. He has been after the blogger Ace who blogs at Ace of Spades HQ for several years. All this year, he has been outmaneuvered at every turn by Ace and his legal counsels. One problem that Brett has is that he identified the Ace of Spades blog rather than any person as the defendant in his RICO lawsuit.
David Weigel reported
that immediately after losing the Kimberlin v. Walker, et al. trial last August, Brett proclaimed eternal lawfare against the defendants in that case. Since then, he has dropped that suit against the two individuals that he thought were the Original Kimberlin Unmasked, thinking that in doing so he would shutdown Kimberlin Unmasked. Brett is an even worse strategist than he is a lawyer.
He’s now trying to extend his lawfare against the other defendants. First, he appealed the case. Now, he’s asking for a new trial.
Even if you get a new trial, you’ll still have to find some admissible, probative evidence, Brett. Get ready to lose again. Motion, appeal, trial, whatever.
Brett Kimberlin has been cluttering up the docket of his racketeering lawsuit against the National Bloggers Club and
19 other defendants. He has been hit with ten or so motions to dismiss, and the judge has ordered him to file a single “omnibus” opposition memorandum. It was originally due in October, but it’s now due next Monday.
In recognitions of that deadline, Kimberlin Unmasked offers the following song parody. The words are by John Hoge. The first panel is from the Original Kimberlin Unmasked. Both are used without permission. The second panel of from the original site is not available, but we were able to find a cover version by Op-Critical.
Come on, come on, do the loco motions with me.
There may some people coming to this blog who are new to the story of Brett’s lawfare. In order to help them pick up the thread of the tale, this has been recycled from the Original Kimberlin Unmasked.
Yes, Brett, there are lots of copies of the postings from the original site. Much of the good stuff is backed up online, and it will be recycled here from time to time.
Brett Kimberlin thought that he could permanently silence one of the voices raised against him.
I’m reasonably certain that Brett will try to shut down this site.
“If you strike me down, I shall become more powerful than you can imagine.”
When you read the transcript of the Kimberlin v Walker, et al. trial held last August, you’ll find some wonderful bits of irony and humor. A great deal can be found in Stacy McCain’s testimony. (Pro Tip: Never try to outcrazy Stacy McCain!) Some of it came from the judge.
Brett is persistent. Or maybe he isn’t smart enough to know when he’s beaten. I see that he’s not only appealing his loss in the state case against Aaron Walker and the others, but he’s also asking for a new trial.
Of course, this bit of satire may be inapt. The Black Knight had enough sense to call it a draw.
So how is that pro se
stuff really workin’ for ya’, Brett?
Pro se is Latin meaning “for oneself.” There are generally two reasons why someone winds up representing himself in court. The first is that one simply cannot afford a lawyer. The second is that no lawyer is willing to take the case.
When a lawyer makes a representation to a court, he does so with the understanding that he has made a reasonable effort to investigate the facts behind any claims that are made. He puts his reputation and, possibly, his license to practice law on the line.
There is reasonable evidence that Kimberlin has the assets to pay for a lawyer if he had to.
Overnight, Brett checked into the @Kimberlinunmask Twitter account for some stimulating conversation. He apparently doesn’t like me.
@Kimberlinunmask You're one of Hoggy's cockroaches. That's good enough for me... @AaronWorthing
12:50 AM - 15 Nov 2014
One More Thing—Spanish is my fifth language, and I’m not as fluent as I wish, but I do know that cucaracha is feminine. However, El Cucaracha seems to be a better name for a possible recurring character for this blog.
And Another Thing—Is there any truth to the rumor that Op-Critical is releasing a cover of this classic?
When I read about the settlement of the bogus copyright suit that Brett Kimberlin filed, I assumed that the kimberlinumasked dot com website and @Kimberlinunmask Twitter accounts might be affected. When I attempted to view the Twitter account, I got a message saying the account was gone rather than the usual notice that the count was protected. I grabbed the account handle for myself rather than let Kimberlin or one of his buddies take it.
I was unable to get the kimberlinunmasked dot com domain, but I was able to register this domain.
I don’t like the idea of Brett Kimberlin shutting down discussion about himself. This website will make a contribution to maintaining an ongoing conversation about him. The site’s chief weapon is satire … satire and facts … facts and satire … our two weapons are facts and satire … and ruthless mockery … our three weapons are facts, satire, and ruthless mockery … and an almost fanatical devotion to the First Amendment … our four ... no ... amongst our weapons ... amongst our weaponry ... are such elements as facts, satire …
Why don’t I go work on building the site?