EXCLUSIVE: My Motion to Dismiss Convicted Terrorist Brett Kimberlin’s 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 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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

Prepare to be astounded, folks.  Below the fold, exclusive to this blog is my motion to dismiss Brett Kimberlin’s RICO suit.  So go ahead, look:

   Rico Mtd (Ocr) by AaronWorthing

So yeah, that is another of those patented Aaron “Worthing” Walker head fakes, leading you to think that you were about to see all the reasoning, etc. when it is really just a pro-forma “please dismiss the case for all the reasons I set out in a completely different document.”  In this case it is a memorandum of points and authorities, which is pretty common in this context.

So you know the good stuff is coming.  When?  Bluntly, starting tomorrow.  Probably in the afternoon I figure Kimberlin will have been served these papers by then (meaning I mailed it there and it should arrive about then).  Just to give you a preview I have sent him four documents and they are all pretty huge, with the exception of tonight’s.

First, is this motion to dismiss, which is a small thing.  Nothing actually to get excited about.  And not giving anything to the Maryland Midget early.  John Hoge had his own version of it, which is more substantive than this but less substantive than memorandum of points of authorities, here.

Second, will be the memorandum of points and authorities in support of that motion to dismiss.

Third, we have, “Defendant Walker’s Motion to Require the Plaintiff to File Verified Papers in Future Filings.”  For non-lawyer types, a verified filing means that you swear it is true, under penalty of perjury.  John has a version of that, too.

Fourth, we have, in the state case, “Defendant Walker’s Memorandum in Support of Defendant Kimberlin Unmasked’s Motion to Quash.”  I will admit here that that title is kind of misplaced.  To recap, Kimberlin filed a subpoena against Google in the state case aimed at unmasking whoever Kimberlin Unmasked is.  That subpoena was granted, but I guess it didn’t get him what he wanted and so he sought more information.  So I thought he did what he had to do and filed for a new subpoena, in part because someone told me it was a subpoena.  I was wrong.  He just filed a motion to compel which is out of order.  In any case while misunderstanding the posture of the situation—because I didn’t realize how badly Kimberlin screwed up—the title of it is wrong.  But as for the law, well... you judge for yourself.

One reasonable question is: can you do that?  After all, I don’t represent Kimberlin Unmasked in court.  Well, the answer is that as a party I am allowed to give my opinion on the law on any issue.  I can’t move that the court do this or that, but I can say, “I agree with X on Y issue, and here is why.”  The way I saw it was I was going to come in the way the ACLU might come into a case like this: a person with no dog in the fight, just giving their view of things.  We’ll see what happens.

Oh, and he is really going to hate what I filed.  You know, because he hates the truth and he hates it when a person eloquently states it.

I also know that Dan Backer has filed a motion to dismiss in the RICO case as well.  Before long I expect that to pop up on the web.  And I expect many, many more to be filed, and soon.  If they waive service of process and they received the case at the same time I had, then they will have until exactly tomorrow to respond.  But whether they waive service of process is an open question.  I chose not to, but that isn’t to be taken as criticism of any other party’s approach.

I will add that memorandum for the motion to dismiss is barely below 50 pages as required by local rules (counting the cover page), because it is jam-packed with Brett Kimberlin’s fail.  Given that he has done RICO suits before, there is no excuse for the sheer craptitude of Kimberlin’s presentation.  This is why I couldn’t believe that the “Roger S.” writing at Breitbart.com was a real lawyer, because any real lawyer would recognize that it is a complete piece of crap, without bothering to research the law.  But I couldn’t say that until now, because I didn’t want to explain how I knew it was complete crap.  You will see the answer to that question shortly.

Also, I will as usual be redacting personal information from it, as well as any information about Brett’s eldest daughter.  One of the more unfortunate facets of this situation is the effect it is having upon his children.  Indeed, given that she has only heard her father’s side of it, she probably thinks we are horrible people.  She probably doesn’t know about how her father tried to frame me for a crime; how he had me arrested for bogus reasons (just like her mother) and obtained a flagrantly unconstitutional peace order against me; or how he personally stalked my wife.  She probably thinks Dad is an innocent guy who we just picked on for no good reason.

She probably even believes her father when he says that I commented on the article about her successful YouTube video.  Little does she know that Dan Collins aka @vermontaigne, has publicly stated he is the author.

For me, one of the great underappreciated clauses of our Constitution is in the Treason clause.  It says: “but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.”  The second part of that is fairly easy to understand, but what about the first.  What the hell do they mean by the corruption of the blood?

Well, the answer is they are saying you cannot punish the family of a traitor as though they were traitors, too.  It is a talisman of what makes this country great.  Fundamentally we don’t care who your ancestors were.  They could have been kings, they could have been beggars.  They could have been heroes and they could have been terrorists.  We don’t care.  Because you are judged as you.

So not knowing this girl, she enjoys the presumption of innocence that belongs to all strangers.  Given the way Brett Kimberlin lies about everything, I have no reason to think he is telling her the truth about what is going on and therefore I have no reason to think she approves of what is actually happening here.  If she knew the truth she would know that her father has been working for years to suppress the truth about his illegal and immoral conduct, and his criminal and immoral conduct, combined with his attempt to silence his critics, has brought all this attention on this family.

But allegedly a few people have harassed her online, on her facebook and the like.  There is always concern, of course, that Brett or his allies might be faking a lot of that behavior.  But regardless, if any person draws any negative conclusion about her based on her father, they are not being charitable enough.  They are forgetting that even when we are talking about Benedict Arnold, we do not hold the child responsible for the conduct of the father.

Anyway, I wish there was some way to bring Kimberlin to justice without his elder daughter or any of his family being dragged into this.  But Brett has made that impossible.  Still, I can limit the damage as much as possible, hence why I will be keeping her name off my blog as well as her younger sister..  Other people feel like what Brett has done makes her name newsworthy, and I will respect that view, but I will not follow their approach.

Finally, I won’t be presenting a lot of commentary on any of my documents because they pretty much speak for themselves.  I might add in some commentary on other people’s motions, depending on if the mood strikes me and if it seems strategically reasonable.  And when I am done, I might even continue to catalogue the outright lies Brett has put into this document...

 

...although come to think of it, some of them will be documented even sooner than that.

So keep watching this space, or follow me on Twitter for updates.

And go ahead, pull up a bowl of popcorn (let the Maryland Midget whine about me saying that, again).  Brett Kimberlin is going to learn he has drawn even more of the wrong kind of attention to himself.  Expect me to start releasing documents tomorrow.

Oh, and keep one more thing in mind as you read these documents: Federal Rule of Civil Procedure 11.  It says:

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Do you think Brett has obeyed this rule?  Well, we’ll see as we go forward.

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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the donation link on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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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.