The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

‘The Court Should Dismiss … With Prejudice in Favor of All Defendants’

Posted on | February 4, 2014 | 26 Comments

The title quote is from John Hoge’s Reply to Plaintiff’s Oppositions in the federal RICO lawsuit Kimberlin v. the Universe, et al. Hoge is proceeding pro se — acting as his own lawyer against Brett Kimberlin, who is doing the same — and it’s interesting to contrast Kimberlin’s accusations with Hoge’s defenses, knowing that the burden of proof is on the plaintiff. Hoge today posted Kimberlin’s opposition, which begins with this exercise in verbose gesturing:

Nary a day goes by without Defendant Hoge falsely accusing Plaintiff of some sort of crime or malfeasance, if not in a court filing then on his blog. This harassment has been ongoing for the past two years, and it goes to the heart of Plaintiff’s Complaint, that this pattern of defamatory intimidation and constant “threats of doom” are being done to retaliate and chill Plaintiff’s right to redress.

This is just nonsense. What, pray tell, is “defamatory intimdiation,” and how is Hoge — a defendant in two separate lawsuits filed by Kimberlin — acting to “retaliate,” simply by arguing his case?

Kimberlin seems upset that the defendant is defending himself!

Kimberlin has been neither defamed nor harassed by Hoge, but the Plaintiff evidently hopes that repeating these allegations will impose his beliefs on a federal judge. It’s the Jedi Mind Trick Theory of Law, and amusing to watch, knowing that Kimberlin’s RICO complaint is a gigantic wad of legally flawed fact-deficient gibberish.

So Hoge has replied to Kimberlin’s opposition, and I’m sure he’ll want to discuss that on his own blog — to retaliate by defamatory intimidation and chill! — but I hope my co-defendant doesn’t mind if I quote a few of his pro se sentences:

Plaintiff has attempted to remedy the deficiencies in his Amended Complaint by alleging new “facts” and new bases for his claims . . . but that should be done in an Amended Complaint. If Plaintiff wishes to amend his Complaint a second time, he should seek the Court’s leave to do so. In the meantime, the Court should disregard Plaintiff’s new allegations until they are properly presented in a new Amended Complaint. . . . Defendant Hoge opposes allowing a second Amended Complaint. The various Defendants’ Motions and Replies have pointed out facts not alleged and legal points improperly raised. Plaintiff’s ongoing demonstrations of bad faith strongly suggest the likelihood of his using another Amended Complaint as an opportunity to fill in those blanks with false information. The Court should dismiss the instant suit with prejudice in favor of all Defendants.

What Hoge is saying is that Kimberlin — whose complaint is a carnival of errors — should not be permitted to benefit from the defendants having pointed out the holes in his complaint.

The complaint is fatally flawed and Kimberlin, having compounded his errors through his “ongoing demonstrations of bad faith,” deserves to lose. But I suppose it’s “harassment” to say this.

UPDATE: Mirabile dictu! Hoge has now posted the entirety of his Reply to Plaintiff’s Oppositions, so you can read it all there.





26 Responses to “‘The Court Should Dismiss … With Prejudice in Favor of All Defendants’”

  1. Update on Kimberlin vs. Hoge, and the rest of those Defendant Bloggers… | Batshit Crazy News
    February 5th, 2014 @ 12:17 am

    […] Here is Hoge’s post of the day.  That this craziness has been permitted by the court to continue on this long is pretty darn sad.  That said, I have faith good with triumph over evil (and yes what Brett Kimberlin has done in the past is evil)…. […]

  2. Evi L. Bloggerlady
    February 5th, 2014 @ 12:19 am

    I pray that you get a quick resolution to this mess and that the case is dismissed and that you are awarded costs and fees.

  3. Katie Scarlet
    February 5th, 2014 @ 1:21 am

    ROTFL “It may be that Plaintiff is reluctant to bring such a lawsuit on behalf of his non-profits because of the expense of hiring a lawyer and the ethical limitations constraining arguments presented by a member of the bar.”

  4. Katie Scarlet
    February 5th, 2014 @ 1:22 am


  5. Rather be anon
    February 5th, 2014 @ 1:37 am

    I humbly suggest that all readers try to give something, even if you can only give a little, to

    Why? Well, think of what it costs all these defendants to do all this research, check the Bomber’s new filings, serve parties in the case, go to court, etc. It is an obvious part of convicted bomber Brett Kimberlin’s strategy to try to make it expensive to expose him. If everyone gives just a little bit to the defense, Kimberlin will be thwarted.

  6. Rather be anon
    February 5th, 2014 @ 1:42 am

    This leads in interesting directions. Kimberlin’s “charity” “Justice through Music Project” has a bar member, Jeffrey R. Cohen as an officer. Keep supporting the defense against Kimberlin so we can hold that idiot’s feet to the fire if it comes to it.

  7. Adjoran
    February 5th, 2014 @ 2:41 am

    Unfortunately, even if the judge is sufficiently rankled to award costs and fees, collecting them is another matter.

  8. Adjoran
    February 5th, 2014 @ 3:26 am

    Hoge looks to have covered all the bases. It is surprising how sloppy Kimberlin’s filing was. Apparently the whole “jailhouse lawyer” reputation is as overblown as him being a “music producer.”

    The problem is even if the case is dismissed with prejudice, that only ends this case for these defendants, leaving Kimberlin free to harass others at any time with more lawfare nonsense. At some point, some judge needs to declare him a vexatious litigant to restrict his ability to file suits and motions in courts without preclearance by an administrative judge.

  9. bet0001970
    February 5th, 2014 @ 3:46 am

    When is the judge gonna address this crap? Because frankly, I am sick of this shit.

  10. bet0001970
    February 5th, 2014 @ 4:11 am

    I told people a long time ago this guy was no criminal mastermind. But Vadum went on Candian TV and spouted that nonsense. Now everyone is starting to see how stupid this twerp really is.

    He gets caught every time. Is it any wonder he was convicted for perjury? NOBODY gets convicted for perjury. The bombing spree? The potnado? And let’s not forget, he’s the only person in US history to be convicted for the illegal use of the Presidential Seal. Hell, he tried to make fake ID’s in a copy shop. THAT’S how stupid he is.

    All things considered, is anyone actually surprised by his recent failings? Frankly, I’m stunned the man is able to use a keyboard and stamps.

  11. sarah wells
    February 5th, 2014 @ 4:57 am

    “Nary a day”? The deficiencies of substance aside, the affected writing made me cringe. Sounds like freakazoid helped.

  12. Quartermaster
    February 5th, 2014 @ 5:28 am

    If he doesn’t pay them, or make any effort to pay them, he can be held in contempt and jailed.

  13. Mike G.
    February 5th, 2014 @ 6:15 am

    Stupid people do stupid shit. Brett Kimberlin is exhibit one with Neal Rauhauser and Bill Schmallfeldt running a close race for exhibit’s two and three.

  14. Mm
    February 5th, 2014 @ 8:24 am

    Not to mention that the comments are privileged.

  15. Pablo
    February 5th, 2014 @ 8:31 am

    Then there’s Kevin Zeese the attorney for Velvet Revolution who also sits on its board.

    Is that a corporate veil I hear being pierced?

  16. Pablo
    February 5th, 2014 @ 8:33 am

    Can be. But will he?

    On the bright side, the Good Guys can ride him like Fred Goldman did OJ.

  17. Quartermaster
    February 5th, 2014 @ 8:58 am

    The defendants would have to go back into court with a contempt motion. The court will not do it without being asked.

  18. Socialism: Organized Evil
    February 5th, 2014 @ 9:06 am

    The ideology of liberalism is an ideology of nonsense.

  19. Mm
    February 5th, 2014 @ 9:20 am

    Have the judge enter an order to make the judgment payable to the court, which will then pay the defendants.

  20. Mm
    February 5th, 2014 @ 9:22 am

    Schmalfeldt keeps issuing propaganda about defendants settling. Zeese and Cohen will not want to be pulled into a suit.

  21. Team Kimberlin Post of the Day | hogewash
    February 5th, 2014 @ 9:50 am

    […] UPDATE—Stacy McCain has a comment or two here. […]

  22. Evi L. Bloggerlady
    February 5th, 2014 @ 9:57 am

    I know, but it would still be sweet.

  23. Dustin
    February 5th, 2014 @ 2:10 pm

    That’s true, and indeed this isn’t too far from something that happened to Brett in the past. Alas as far as I know Brett’s victim was unable to collect what the court ruled was due, ever.

    Brett is probably right that his lawsuits will cost his enemies a lot of time and money.

    It isn’t asking a lot that the courts hold him accountable in whatever way they can.

  24. richard mcenroe
    February 5th, 2014 @ 5:35 pm

    You don;t wanna see the six other jiboneys Stacy has lined up for after.

  25. Bob Belvedere
    February 6th, 2014 @ 8:02 pm

    In the halls of Justice, the only Justice is in the halls.

  26. FMJRA 2.0: High Energy Protons : The Other McCain
    February 11th, 2014 @ 12:04 pm

    […] ‘The Court Should Dismiss … With Prejudice in Favor of All Defendants’ […]