Brett Kimberlin’s Dumbest RICO Suit...

And Scroll Down to the End to Read the New Dumb Suit Yourself

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 a year, 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.  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 earlier today I reported that Brett Kimberlin is suing pretty much the right half of the internet: me, Michelle Malkin, James O’Keefe III, Erick Erickson, Glenn Beck and numerous others, including Simon and Schuster, the publishing house.  I mean you can gauge just how loony his theory is: he thinks he can claim that Simon and Schuster is part of an ongoing criminal organization like the Mafia or the Bloods and the Crips and not be laughed out of court.  Truthfully a criminal enterprise polluted with my nerdiness will look about as tough as this...

So, dear reader, you might think that the title of the post is referring to this new suit: that I am saying that today’s suit is Brett Kimberlin’s dumbest RICO action ever.  And you would be wrong.

No, to find the dumbest RICO suit Brett Kimberlin has ever filed, you have to go back to this passage from Mark Singer’s book Citizen K.  Quoting from it, Patrick Frey (who I note is a deputy district attorney, which Brett ridiculously thinks transforms his actions into state action) wrote about how Brett sued for “insufficiently provocative porn” (with advance warning for language):

For a while, Kimberlin had a sideline selling dirty pictures, courtesy of a former prisoner and client who got the stuff from a retail vendor in Chicago. Kimberlin described it as “very good quality, full-color — anal, oral, you know, three-way, everything like that.” Its shelf life, however, was not infinite. “I didn’t know what to do with all of them,” he said. “You know, you can only jack off to a magazine once or twice. I mean, you get bored with it. I took them with me when I went to Oxford [a federal prison in Wisconsin]. I had eighty-seven of these damn things. It was a whole box full. So I got up there and some black guy saw me reading some and he said, ‘Hey, you want to sell any of those?’ And then this white guy said, ‘Do you want to sell any of those?’ And I thought: Well, I’d rather sell them to the white guy than the black guy. So I told the white guy, ‘Look, can you sell very many?’ And he said, ‘Sure, I can sell as many as you got. You give them to me for one-third of the cover price. I’ll sell them for one-half of the cover price.’ So he was the porno king on the compound. And he made his spending money. And my friend kept sending me the porno from Chicago. I probably made about four or five grand on the damn stuff. Brett Kimberlin, porn dealer. Can you believe it?”

Eventually Kimberlin got a new supplier when the old one went to prison. But his porn was not the high quality he needed:

In January 1987, in federal court in Madison, Wisconsin, Kimberlin sued Crest Paragon Productions, alleging false advertising, breach of contract, mail fraud, conspiracy, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, instead of the thirty magazines and sixteen books Kimberlin expected when he responded to a back-of-the-book advertisement placed by Crest Paragon, he was sent “fifteen pamphlets and three paperback books of low quality.” He described this material to me as “real old four-by-six black-and-white pictures that looked like they were from the 1960s and came from England.” The tepid paperbacks had titles like Making a Score and Coed Habitation.

Oh and how did that go?  According to Patrick:

Kimberlin complained to author Mark Singer that his $150,000 lawsuit was dismissed by ‘a fucking Reagan appointee,’ and he didn’t feel like paying the filing fee to appeal it to the Seventh Circuit Court of Appeals.

So Brett has had these dismissed before, and having read the thing, I predict he will lose again.

But read for yourself and make up your own mind:

   Kimberlin v NBC, Et Al by himself2462

As I said to several people today, it’s so lame it’s self-refuting.  But, dear readers, don’t opine on its legal deficiencies in public.  We don’t want to educate the terrorist.

Oh and donate to Bomber Sues Bloggers and help defeat this evil.

And know I will thank you when you do.

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For bonus points, did you notice the racist thing he did?  Not surprising, really, is it?

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.