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, February 24, 2014

Judge Grimm to My Fellow RICO Defendants and I: “I Get It Already!”

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.  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.

That’s not a quote, but an interpretation of the subtext of Judge Grimm’s most recent letter order.  Yes, dear reader, if you have been following at Hogewash you have seen bits and pieces of the order.  But let me give you the whole thing and then my commentary on it, below the fold:

So let’s start with Bill Schmalfeldt’s dumb letter from last week, which I shared with you, here.  That was thrown out and most likely forgotten.  Bill has already sent a second letter to the court and it is already being returned, most likely unread.  As it was, it was utterly useless as information.

Next up, Brett got his motion to amend his complaint.  I hadn’t reported on this, yet, but Brett filed a notice of intent to file for leave to amend and this order just treated it as a motion for leave and granted it.  That is undeniably disappointing, but the federal rules do heavily favor granting such amendments.  That means for now he will be allowed to add Twitchy as a party and he has threatened to add new parties and new causes of action.  Then again, every single time he has added new allegations, he has failed.  So he gets to amend, but I am guessing he won’t be able to write a new complaint that will pass muster.  And the judge has made it clear that this is the last amendment, stating that no further amendments will be allowed after March 7.

But and that might be only a fleeting victory.  The judge also asked Brett to show cause why he shouldn’t be sanctioned for his forging of a summons.  And one of the forms of relief that Twitchy’s counsel is seeking is dismissal of the case.  In theory the judge might dismiss the whole thing.  A Plaintiff is never off to a good start when he has to explain to the judge why he shouldn’t be sanctioned.

Next up, the judge looked at John’s motion to require an amended status report and it was denied for lack of standing.  Basically he is saying John doesn’t have standing to challenge anyone’s service but his own.  I respectfully disagree with that, but oh well.  And for the same reason the judge refused my and John's attempt to remove the unserved parties from the case. But nothing stops the judge from deciding to do so on his own, and as is often said, "you can't un-ring that bell."  He might not have granted our motions, but he is on notice that Brett has not served them and it has been more than 120 days.

Then he looked at my motion to strike various filings from Brett.  I will say I was looking for two forms of relief: 1) having the entire documents struck, and 2) having all new allegations ignored.  The judge denied the first form of relief, but that is admittedly the most extreme form of relief.  As for the second form of relief, the judge wrote:

The propriety of Plaintiff’s filings with respect to the myriad pending motions to dismiss will be determined in the course of ruling on those motions, and not before. And at the motion to dismiss stage, a court must accept the facts alleged in the complaint as true.

So when he considers the motion to dismiss, he will determine whether it is proper for Brett to have filed what he filed.  And he noticeably said that the court must accept the facts in the complaint as true.  This isn’t a case of clear echoing of language as we have seen in the past, but let’s remember what I wrote in the Motion to Strike that he is refusing:

the Plaintiff has attempted to amend his complaint without following that procedure by making scores of additional allegations in his Oppositions.

This is improper.  Ashcroft v. Iqbal stated that “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” 556 U.S. 662, 678 (2009) (emphasis added).  A “complaint” must do this, not a “complaint and opposition” or a “complaint and anything else he has filed.”  By alleging new facts and even alleging a new predicate act under RICO, the Plaintiff has improperly attempted to amend his complaint.

So by noticeably saying that he must judge it based on what is in the complaint he seems to be saying (in my opinion), “Don’t worry, Mr. Walker, I am not going to consider his new allegations anyway.”  Except of course what is in whatever amendment he has filed, but that would be proper.

Next up, we have Brett’s motion to reconsider the judge granting me leave to amend the complaint.  Yes, this stupid and whiny thing.  Of course he already filed a bigoted opposition, and you saw my reply.

I don’t have to tell you that the judge was going to deny me leave to file the excess pages.  That was a foregone conclusion.  I am at a loss to imagine any hypothetical in which leave wouldn’t be allowed.  But the devastating part of the judge’s reasoning is this:

First, contrary to Plaintiff’s assertions, I do not find that Walker is representing to the Court that he is a Maryland attorney, see Pl.’s Mot. to Reconsider ¶ 6.  He clearly identifies himself as having a Virginia bar number only, and the docket identifies that he is unrepresented.

In other words, the court called bullsh__ on that as well as his whining that I am supposedly inciting violence against him by... accurately quoting him and reporting on his misconduct.  This was frankly a motion he was stupid to have filed and may have done him damage.

Indeed, I find equally interesting what the judge didn’t say.  He didn’t address my mocking of Kimberlin, he didn’t address whether this was discourtesy toward Kimberlin, and he also didn’t address Brett’s bizarre claim that I am not allowed to represent myself.  He evidently didn’t even think they deserved a response, that is how little he thought of them.

Finally the judge is trying to cut down on the number of filings and thus the orders related to case management.  Combined with the judge more or less saying earlier that he recognized that the Plaintiff can only make allegations in a complaint, I get the summary that I made the title of the post: “Okay, enough, I get it already!  He’s a scumbag.  He is forging documents.  He’s trying to improperly make new allegations in his reply.  You don’t have to keep telling me!  I get it!”  If that is what he is saying it is perfectly human and perfectly fine.

So Brett gets one last chance to maybe save the suit.  And that is assuming the judge doesn’t really drop the hammer on him for forging a summons and dismiss the whole thing.  And even if the judge doesn’t, any sanction he does impose could cause problems in ways that I can’t share with you just yet...  because I am counting on Brett making even more errors.  Never interrupt your opponent when he is in the middle of making a mistake (as a famous man didn’t quite say).

Hey, I was hoping to hear the judge finally tell him the case was dismissed with prejudice, and even ask the marshals to take him away for obstruction of justice and mail fraud, but...  this outcome, while not nearly as awesome, is still hopeful.  Dr. King once said, “[t]he arc of the moral universe is long, but it bends towards justice.”  The same can be said about our Federal Courts.  Justice will prevail, but perhaps not as quickly as we might hope.


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.



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.

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