The Brett Kimberlin Saga:

Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Monday, July 28, 2014

Judge Hazel Calls Bull on Convicted Perjurer Brett Kimberlin

And Other Developments in the Silly RICO Case

Always enjoy fresh popcorn
while watching vexatious
litigants get bench-slapped!
This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

So, again, we have some catching up to do.  Last week Lynn Thomas and Peter Malone made an appearance in the KimberlinUnmasked copyright case pointing out that Brett forged some more documents, which I blogged about, here.

Well, that got Brett into full stompy-foot mode.  Every now and then he files a motion that I read almost as like a “primal scream.”  I mean it is the kind of stuff that one might write in an email if annoyed and hit send imprudently,* but if you had to go to the trouble of printing it out and delivering it to the court or to a mailbox, you would probably think twice about it.

And we got three of them.  First, in the Copyright case, via Hogewash, we see a filing he made to sanction Thomas and Malone.

Tuesday, July 22, 2014

In Convicted Document-Forger Brett Kimberlin’s Frivolous Copyright Suit, Lynn Thomas and Peter Malone Pay Mike Smith the Ultimate Compliment

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Always have lots of popcorn
while watching a copyright
troll midget get slapped down!
Update: As promised, below I have embedded the Motion for Default that prompted Thomas and Malone’s reply.

Well, let’s play a little catch up, shall we?  One part of the story of Brett’s ongoing lawfare that has been neglected is the third suit he has filed, a patently bogus copyright action, also in Federal Court.  Originally it was against “KimberlinUnmasked” ("KU”) the writer or writers of the now-defunct blog and not-defunct twitter account dedicated to unmasking Brett Kimberlin.  He has named who he claims is this person or persons in all three suits.

(Now is a good time to add a disclosure.  I have been in communication with one or more people who claim they write as KimberlinUnmasked.  We have in the past entered into an attorney-client relationship (pro-bono).  As you might imagine, then, I know more than I can say.  And you might reasonably wonder if that representation leads to bias in his/her/their favor.  I would like to think not, but I report, you decide.)

And yes, the copyright suit is bogus.  For instance, here’s a line from the current complaint:

Friday, July 18, 2014

Letter Order A Mixed Bag in Convicted Terrorist Brett Kimberlin’s Silly RICO Suit (Updated with All Documents)

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Mmm...  popocorn is good
when reading Aaron's blog
Update: As promised, I have added additional documents below.  Enjoy!

Usually, dear reader, when I write these things I want to put all the pieces into place into one cohesive package.  I recognize that I am just a guy on the internet.  I know I have integrity and I tell the truth, but how do you know this, dear reader?  You don’t, that’s how.  So, when I do original reporting, I “show you my work” as much as possible.  I share the original documents, recordings, videos, even right in the piece.  That way I minimize as much as possible how much you have to “take my word for it.”

And I will with this latest reportage.  Eventually.  But this time much of the source documents will not be in this post.  The whys of this will have to be left to another time, but I have family coming over in a bit and that will reduce my time to report.  So in other words, instead of showing you what has been filed, I am going to tell you what has been filed.  And then at some point in the future, JohnHoge (check his site often) or I will add the original documents so you can see for yourself.

Tuesday, July 15, 2014

My (Revised) Motion to Dismiss Convicted Terrorist Brett Kimberlin’s Silly RICO Suit

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Always keep popcorn on hand
when dealing with RICO madness!
Well, dear reader, as you know I have been on blogging hiatus as I worked on documents for court, primarily among them my revised motion to dismiss, which I am sharing with you, now.

As you may recall the last time I shared Judge Hazel’s order that Brett will be allowed to amend his complaint.  One thing I held back from my analysis last time was what I thought of this line from the judge’s order: “Defendants are free to renew their motions to dismiss by separate filing, or, to the extent they wish to revise their previously filed motions to dismiss, they may do so.”  I read that as an invitation to do one of two things.  The first is to file a short motion to dismiss that merely said, “for the reasons stated previously (see documents x, y and z) we hereby move to dismiss,” or to file the same motion, but revised.  Or, certainly we could file a completely new motion.  And, maybe we could file a motion that says “for all the reasons stated previously (see old documents) and now the new reasons in this new memorandum, please dismiss the case.”

But I also see the judge as taking the attitude of wanting to start the new case from scratch and a wise lawyer tries to heed the unstated desires of a judge as much as the stated ones.  So giving the judge a document that says “go back and read these previous documents” didn’t seem like the best approach.  So as much as possible I decided to avoid that.  Now, on the other hand, to pretend nothing happened in the case before today only benefits the unscrupulous, so you will see where I necessarily reference earlier documents.  But still the idea is that for the most part the judge will be able to read one document, in isolation, to see why he must dismiss the whole case.  Update: I will add that this shouldn't imply that you are mostly reading the same document.  I would say that around 60% of it is wholly new, and 40% from the original.  Sorry if that makes it less interesting but there are only so many different ways to say the same thing.

Since the judge allowed that amendment, we have seen motions to dismiss from 1) Twitchy and Michelle Malkin; 2) Erick Erickson, Redstate, James O’Keefe and Simon and Shuster; 3) Glenn Beck, the Blaze and Mercury Radio Arts; DB Capital Strategies; and John Hoge.  And now you are getting mine.

So I am giving you two documents, technically, below the fold.  The first is the “rump” motion to dismiss that basically says “for the reasons stated in the attached memorandum, please dismiss this dead dog of a case.”  Here’s that “rump:”

Tuesday, June 24, 2014

Judge Hazel Wipes the Slate Clean in Convicted Terrorist Brett Kimberlin’s RICO Suit

And: “I Get Results! (Not really!)”

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Update: I had to fix a bad embed of a letter.  Fixed now!

Well, Murphy’s law can be a real bastard at times, can’t it?  I was all ready to post on today’s events, when we had a game changer.  So I will try to adapt what I said to the news.

I have been on blogging hiatus for a while.  The principle is, after all, “case(s) first, and blog second” and I have been pretty busy behind the scenes in those twin lawsuits against me.  As mentioned in my standard blurb in the last paragraph, we have two suits going on: 1) a Maryland state case where he is claiming that I, John Hoge, Stacy McCain, Ali Akbar and whoever KimberlinUnmasked is, mostly centering around his sexual abuse of his wife, discussed here, and 2) a federal case claiming that a long list of defendants are engaged in organized crime to call him a SWATter.

To update you some, there is going to be a hearing on July 1 in the state case regarding several motions for summary judgment and a related motion to dismiss for failure to comply with discovery.  My attorney has asked me not to share very much about that for fear of educating the midget...

He is looking buff...

...so I won’t.  I will simply say that legally we should prevail and if the judge follows the law, the entire case will be thrown out.  But then again, if the law was followed, we wouldn’t have gotten this far, so we’ll see how it goes.

Oh, and none of that tells you about the Copyright case that John has filed against Bill Schmalfeldt (a.k.a. “Baghdad Blob”).  You can read several of the documents he filed recently in this case, here.  In the name of brevity I won’t discuss that in detail, but basically John has alleged that the Blob has been ripping off his copyrighted work and that of another blogger, and there will be a hearing for a preliminary injunction to stop that this coming Thursday.  And I don’t think I have updated you about the case Schmalfeldt filed against ten bloggers or internet commenters and then dropped literally two days later.

But it’s in the RICO case that we got the big news.

Wednesday, June 4, 2014

BREAKING: Blubber (Counter) Sues Bloggers

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over two years, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Of course the title is a kind of an in-joke, that I will untangle briefly.

As you might remember when Brett Kimberlin first started off this most recent spate of lawsuits starting with suing me for represented a another client, in this case his wife, we created a legal defense fund at the site Bomber Sues Bloggers—which you can still donate to!  Then when Bill Schmalfeldt threatened to sue various bloggers, in February (you have to be specific, because he is always threatening to sue people), I joked that we might have to start up “Blubber Sues Bloggers.”  You know, because Bill Schmalfeldt is very, very fat.

Hey, just because I’m a Yalie, doesn’t mean every joke has to be erudite, okay?

Anyway, in the last few weeks we saw that Blubber seemed to finally make good on his threat to sue various people in a laughably incompetent complaint he filed in U.S. District Court.  Then he claimed he spoke to his doctor who suggested he doesn’t need the stress and so he withdrew the complaint.  You can read all about that at Blubber Sues Bloggers, a site which I think constitutes great minds thinking alike, in terms of its title.  I should stress that “Blubber” is not a fundraising site, unlike Bomber Sues Bloggers.  It’s a news and mockery site.

So anyway, as you also might know, John Hoge has also sued Schmalfleldt in federal court for a violation of his copyrights, and also the copyrights of the anonymous blogger known as Paul Krendler, who sold the rights to him for the purpose of stopping Schmalfeldt from ripping off his copyrights.

Well, I have just heard from John that Schmalfeldt has answered the suit and counterclaimed in it.  In it he has added to counter-defendants: Chris Heather who is allegedly the twitterer known as “GunTotingTeaBag” and Paul Krendler.  John said he didn’t have much time to look at it, yet, but he did say that there was also a motion to get immediate discovery, most likely of one or more of their identities (it depends on whether he is actually sure Heather is the right guy.

Surely you will see more at Hogewash as this develops.  I will share what I know as I learn, though as always, my motto is “case first, blog second.”

Still, you might want to start popping the popcorn right now, because I am willing to bet this is a pretty awful one.

Monday, June 2, 2014

Bond v. U.S.: Analysis: John Roberts Knows What Chemical Weapons Are When He Sees Them

Or: “Can an International Treaty Make Barack Obama President For Life?”

First, a programming note.  As often is the case, much of my writing energy has been consumed as of late in court documents that have not yet been released on the internet (indeed in many case, have not yet been filed.)  But I am on break and in that break, I can talk about other things.  I will also catch up on the big legal occurrences last week shortly.

Today the Supreme Court handed down its opinion in Bond v. U.S., and while the decision was unanimous, it was a surprisingly contentious unanimity.  But first a little background.

There is an infamous line in the otherwise unnotable opinion on obscenity from Justice Potter Stewart.  First Amendment doctrine has long held that “obscenity” (more or less, hard core porn) is an exception to freedom of speech or the press that can therefore be banned, even with criminal consequences.  Of course anyone with basic Google skills can quickly discover that such bans are like the proverbial finger in the dam as it bursts, but whether such bans are of any practical use or not is beside the point.  They exist and therefore the Supreme Court had to wrestle with how to define that term: obscenity.

So Jacobellis v. Ohio (1964) is mostly unremarkable.  It involved a movie called The Lovers, which I have never viewed but you can read a review here, but to be blunt nothing said in the opinion was too unusual.  It was from the time when the Supreme Court felt that the way to manage the issue of obscenity was to personally review every single allegedly obscene movie, book, exposing these justices to whatever deleterious social effects these movies supposedly have.  Still, it was a pretty straightforward application of the prevailing legal standard at the time: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest, so long as it was utterly without redeeming social importance.  In other words movies you watch just to see people having various kinds of sex, with no attempt to have a plot, characters, social significance, etc.  Which still doesn’t really tell you where the line between the good stuff is and the stuff that can be banned, does it?

Again, all of this is actually not remarkable for the doctrine at the time and the case is pretty much forgotten except for what Justice Stewart wrote in his concurrence: