My Motion to Dismiss Ace of Spades et. al from Convicted Terrorist Brett Kimberlin's the RICO Suit

And Coming Attractions

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.

Well, dear reader, this past Friday and Tuesday has been pretty active (the court was closed on Monday).  We have had had over a dozen filings pop up in Brett Kimberlin’s silly RICO suit and yes, dear reader, some of them are pretty juicy.  For instance, in his opposition to Malkin and Twitchy’s motion to dismiss, he really seems to be figuring out that he is in trouble (although I won’t say more than that tease).  So here’s the coming attractions part that I offered in the subtitle to my piece.  I will share all of these with you, if John Hoge doesn’t beat me to the punch.  Just to sketch out briefly what I know of so far...

First, on Friday I filed a motion to dismiss Ace of Spades, Kimberlin Unmasked, Ali Akbar, National Bloggers Club and even Breitbart.com from the case.  As suggested by the title of this piece, I will post it momentarily.  And really there won’t be very much commentary, because really they kind of speak for themselves.  So that is the first thing.  It would be particularly hilarious if the court had to rename the case from being called Kimberlin v. National Bloggers Club to the second name on the list of defendants, so that would be Kimberlin v. Ali Akbar... oh, except that I am moving to dismiss Ali as well.  So...  the next one on the list whom I am not seeking to dismiss is...  Patrick Frey.  I doubt Patrick will be happy for the case to be Kimberlin v. Frey, but it will tend to highlight that he has been through this rodeo before with Nadia Naffe and really the situation can’t be helped.

Second, at the same time I filed a notice that I intended to file an opposition to his motion to change the caption on the complaint that I shared here.  Since all the document does is say, “hold up, your honor, I am about to file something” there isn’t much point in publishing it.  I mean if Brett files a silly response to it, I might then do so, but would that be too silly even for Brett Kimberlin?

I’m actually asking.  Is it?

Third, John filed a motion opposing the motion to change the caption.  You can read that, here.

Fourth, DB Capital Strategies filed their reply to Brett’s opposition to their motion to dismiss.  It’s actually pretty good, and I paid them the complement of ripping them off in one of my more recent filings in terms of borrowing one of their citations.

Fifth, Brett filed a reply to Michelle Malkin’s and Twitchy’s motion to dismiss.  And really it is a thing to behold.  Quick question for legal researchers: is Godwin’s law binding in a court of law?  Joking aside, I am still trying to nail down when that was filed.  I believe it was Friday.

Sixth, on Tuesday I filed my Reply to Brett Kimberlin’s opposition to my motion for leave to exceed page limits.  Oh, he is going to hate this one.

Seventh, on the same day I filed my promised opposition to his motion to change the caption in the complaint.

Eighth, John has filed his own motion to dismiss Ace et. al from the suit.  Basically he saw what I wrote, agreed, and had a few additional points.

Ninth, Twitchy filed an opposition to Brett’s attempt to add them to the case.  It frankly outclassed both of us in several respect.

Tenth, Brett filed a motion to reconsider the Judge’s order granting leave to exceed page limitations.  That’s right, he has filed now two motions opposing it, because he did not get  enough laughter the first time.

Eleventh, Brett has filed a motion to have Kimberlin Unmasked declared served.  Which, yes, is crap.  But we shall get to it soon.  In fact, speaking with John yesterday I know he found something interesting...

(And yes, I am going to tease you with this.  I don’t want to steal John’s thunder, so it will be on him to decide how to address this and how to share it with you.)

Twelfth, Twitchy/Malkin has sought a seven day extension for its reply to Brett’s opposition to their motion to dismiss, which is not at all interesting so it probably won’t be shared.  Basically the attorney argued that his schedule is too full right now.  Given that the judge promised to give us leeway on our various responses it is pretty much a slam dunk.

And in the state case I expect my attorney to file an opposition or three to Brett’s latest attempt to shut us up.

So... that’s a lot of filings.  And you can see I will be likely to respond to several of them, too.  So back to the schedule of dribbling one out a day, in roughly that order.  I mean I might change it, depending, but that is my loose plan (subject to, well... life).

As for today’s filing, my motion to dismiss Ace et. al, truthfully there isn’t much to say about it that I haven’t already said in the document.  There is no great strategy.  This isn’t three dimensional chess.  This is a fairly direct application of the rule that says that if you don’t serve a party in 120 days, the case is automatically dismissed, or the judge can give him more time.  You can guess my preference.

So without further ado, here you go:

   Motion to Dismiss Ace Et Al

So... maybe if we are lucky we can knock a couple people out of the case.  And truly, the dismissals I am rooting for the most is Ace and Kimberlin Unmasked.

Look, here’s the reality of the situation.  Brett has zero chance of actually winning any of these cases.  So the only people in danger of really losing anything are those two.  Or ten.  Or however many people write in their name.  If they are outted, there is no putting the toothpaste back into the tube.  In a real way, they are the only persons in danger of really losing anything in this case.

So if we are lucky, this motion will be successful.  It will several people who, as best as I can tell, are good people/organizations, out of the case and it will serve my enlightened self-interest by pushing this case forward.

And hey, dear reader, it’s not like Ace won’t have any other help*...  (via Hogewash).

Which led me to discover that there is yet another filing, which was designed to benefit Ace.  You can read it here, and it is very good.

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* Please note, dear reader, that linking is not always endorsement and certainly not a certification that he got all of his facts right.  But still Brett must be saying, et tu Levy?

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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.