EXCLUSIVE: The Rest of 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.

So yesterday I shared with you a Motion to Dismiss, that said, more or less, “please dismiss it because of the stuff I said in another document.”  In other words, I yanked your chain a little since all the meat of my reasoning wasn’t in what I presented to you.  Well, no more chain-yanking.  Pull up some popcorn and get ready to read.  In this post you get to read my memorandum of points and authorities in support of my motion to dismiss.  This is the longest thing I filed Monday if you don’t count exhibits.  It’s 50 pages of original text, including the cover page (95 pages including exhibits, the table of contents and other stuff like that).  And believe it or not, I didn’t say everything I had in mind.

A few things to note, although mostly I will let it speak for itself.  I don’t represent anyone but myself in this.  But at the same time, in each case I gave the judge reasons to dismiss the case that applies to everyone, not just myself.  And you will see I actively take time to defend Patrick Frey from these bogus charges and you can see my justification for doing so.  Still, if any of my co-defendants are reading this, you should not take this as an excuse to relax and not do what you have an obligation to do in relation to this suit.  That includes responding in an appropriate time in an appropriate way to the suit.  Consult with an attorney to learn what your duties are.  The last thing you want to do is to accidentally default.

Also, I admit some of the stuff on jurisdiction might be difficult to understand if you are not a lawyer.  Normally I would take the time to give you a long explanation of how it works, but I do not want to educate the Maryland Midget.  I would say try to figure it out and if it doesn’t work, then just muddle through the rest of it.  I think most of the rest of it is pretty easy to understand (except that admittedly some of RICO is really hard to “get” even for lawyers).

And so without more ado, here’s the memorandum.  Enjoy:

   RICO Motion to Dismiss Memorandum (OCR) by AaronWorthing

By the way, there is no question that Kimberlin has received it at this point.  Bill Schmalfeldt just wrote today:

"HUNDREDS OF PAGES, Printed on BOTH SIDES OF THE PAPER? Has @aaronworthing lost his mind?"
— Bill Schmalfeldt (@DespicableBill) December 18, 2013

For those who have not been following along, Schmalfeldt is more or less Brett Kimberlin’s, “Baghdad Bob,” only Muhammad Saeed al-Sahhaf had the virtue of being funny.  Anyway, that is a detail that only Kimberlin knows.  What I filed with the court is one-sided, but when mailing out multiple documents I saved money by converting them to two-sided.  So what Brett got was two sided.  This would only be another example of the pipeline of information that exists between Brett Kimberlin and Bill Schmalfeldt, but that has been documented for some time now.

Also, one has to be impressed by his legal acumen, here:

IS @AARONWORTHING REALLY ASKING THE FEDERAL COURT TO DISMISS THE STATE CLAIM? YES! HE IS!!!
— Bill Schmalfeldt (@DespicableBill) December 18, 2013

No, I am not.  Brett’s federal case includes both allegations of federal law and state law and I am urging the court to dismiss the latter, as part of my effort to get the court to dismiss everything.  I am not, contrary to what he thinks, asking a federal judge to dismiss the other simultaneous state case going on in Montgomery County, Maryland, because obviously he doesn’t have the power to do that in ordinary circumstances.

But it is curious that this alleged journalist apparently hasn’t read Brett Kimberlin’s RICO suit that he has been touting on his blog.  Indeed, he promised an “in-depth series of reports regarding the lawsuit filed by Brett Kimberlin of Bethesda, Md., and 20 individuals and corporations he has charged with violating his civil rights, breaking other state laws, and engaging in racketeering against him.”  Wouldn’t an “in-depth series” start with him, actually, you know, reading the complaint?

(And, dear reader, if you haven’t read it yourself, you can do so here.)

I’ve said it before and I’ll say it again: Bill Schmalfeldt is not a journalist.  But he will be gratified when he sees I called him a columnist.

As a final thought, one thing that is hard to wrap your head around is that I can’t just go in and say, “Your honor, this case should be dismissed because he is a f---ing liar” or even “Your honor, this case should be dismissed because it’s a pack of lies.”  Unfortunately at this stage the facts don’t actually matter: what matters is what he has properly alleged.  So to a certain extent I have to enter into a fantasy world where I have to pretend that things I know aren’t true—and I can prove they aren’t true— are true and explaining how even if it were true, it still isn’t enough.  That’s difficult in any case, but when you have to enter the world of Kimberlin’s bull you really have to go through the looking glass.  “Yes, your honor, but even if gravity does pull upward his complaint fails because…”  Okay, it’s not that ridiculous, but he does claim that I assaulted him, after all:

“But Aaron,” I might hear you say, “what do you do about a Plaintiff who is just lying out his keister?”  Well, one solution is to bring up the Federal Rule of Civil Procedure Rule 11 that I mentioned in my last post, which includes sanctions such as attorneys’ fees.  So in theory Brett might be forced to pay me for the privilege of losing to me, as well as paying for all the other lawyers who have gotten involved.

But you know, dear reader, you are asking a good question.  Is there any way I can create a situation where Brett might face more serious consequences for lying at this stage of the game?  Is there any way I can make lying in a court document into perjury?

Well, it’s funny you should ask, hypothetical person.  Tune into my next post on the subject to find out.

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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.