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.

Tuesday, March 25, 2014

BREAKING: Convicted Terrorist Brett Kimberlin Insults Judge Grimm (Update: TheOtherMcCainalanche!)

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.


Update: McCainalanche!  Cool beans and thanks.  Be sure to check out my opposition to Kimberlin's motion for leave to amend.

Well, dear reader last week I told you about Judge Grimm’s letter order clarifying that yes, indeed, we did have the right to challenge Brett’s motion for leave to amend.  And you might have even seen that Michael Smith, counsel extraordinaire for Michelle Malkin and Twitchy, filed a brutal opposition that also included a disrespectful and ungrammatical email from Brett Kimberlin, posted over at John Hoge’s site.

You might even see that John said that he filed his own opposition but was waiting for it to appear on PACER before he would share it.  It is on PACER, so I expect him to share his motion soon—midnight tonight by the latest.  (Update: he has blogged it.)  I didn’t tell you but I had done the same and was waiting for it to be on PACER, too.  Bluntly I have been fighting migraines due to the sudden and fairly radical weather change around here and it was exhausting trying to get my opposition in time, and I wasn’t up to blogging last night.  But I will be happy to share it with you momentarily.

But first...

First, this is too good not to share.  It’s one page, but... wow.  Even for Brett Kimberlin this is pretty stupid.  You see, Brett decided to write a letter to the judge and... well its short and frankly you have to see it to believe it, below the fold:


So several things to note and unlike Brett, I tell the strict truth.  There are two things he is sort of right about.  First, the judge didn’t say Brett had the right to “seek to amend his complaint up until March 14, 2014.”  What he said was Brett could “seek to amend his complaint up until March 7, 2014.”  I write this as a dyslexic and consequently a natural expert on typos, but probably this was a clerk who had a 2014 on his mind and accidentally wrote March 14.  In any case, it was a trivial typo given that both dates had passed and it was dishonest of Brett to pretend that this was like a fabricated quote, or something.

And it was more than dishonest.  It gave the judge a first-hand taste of how Brett twists facts.  Often Brett will take something with a kernel of legitimacy and twist it into something it was not.  For instance, Seth Allen really did write in an email “maybe I should murder him” (meaning Brett).  That was legitimately wrong and Mandy Nagy was right to report him to the police.  But Brett just twisted it first into a threat (it’s not a threat if you don’t communicate to the target) and then complaining that Patrick and I didn’t report it to the police even though Mandy told us she was going to do that, and then told us after she did it.  Why would we need to call the police when we know someone else was doing it?  So there is a kernel of legitimacy there, but it is all twisted around.

And now Judge Grimm is seeing first-hand how Brett does that.  An honest person wouldn’t have tried to use that typo as the basis for pretending that the judge didn’t say it at all.

The second thing he is sort of right about is that the judge’s February 21, 2014 Letter Order, did really sound like the judge was giving the absolute right to amend, with the only exception being that the judge might kick it for failure to comply with local rules.  Consider this passage from that ruling, for instance:

Allowing amendment of complaint therefore has been reduced to a mere academic question insofar as “absence of prejudice, though not alone determinative, will normally warrant granting leave to amend.” Davis v. Piper Aircraft Corp., 615 F.2d 606, 613 (4th Cir. 1980) (citation omitted). Plaintiff’s Motion to Amend will be GRANTED....

I do note that, though amendment of the complaint is appropriate, Twitchy has leveled accusations of serious misconduct...

Grimm goes on to discuss Brett’s forgery of the Twitchy summons but the key thing is that this kind of language is why every single lawyer in this case saw the judge as granting a motion to amend, rather than granting Brett the opportunity to seek leave to amend.  The no spin truth is that I don’t think Judge Grimm was clarifying his stance last week so much as changing his mind.  The letter order of February 21 was granting him leave to amend, and the letter order last week was a silent reversal of that order.  That probably understandably dismays Brett, but what can you do.  Sure, you can seek reconsideration, but barring some kind of special circumstances that’s not likely to happen.

And by the way, why did the judge reverse his order?  Well, there are only two events that might have changed his mind.  First, Brett filed his amendment and maybe something in it made the judge decide suddenly he wanted this case gone.  And, second, Brett confessed to the forgery.

(Of course Brett says it was not a forgery, but what do you call it when you take an official document, delete information from it (my name and address) and then insert new information on it (Twitchy’s information) and then pass it off as an original?  But more on that in a moment.)

And there is no way to interpret the last line of that letter other than as a slap to Judge Grimm’s face.  It was so unreal when a kind person on twitter shared a copy I asked him if he was punking me.  It seemed unbelievable even for Brett.  As one guy said on Twitter:


Really words fail me.  Brett is officially flailing in the RICO suit now.  Criticism of a judge is okay, but being that insulting right to the judge’s face?  This is not a winning move on his part.

Anyway, in a few minutes I will get you a copy of what I filed, though I admit it can’t beat the surrealism of this development.

I think what this represents is how Brett doesn’t even comprehend that other people have feelings.  This fits in with his sociopathy: sociopaths have no compassion for others, not merely in the sense that they don’t sympathize, but they have trouble even comprehending that other people have feelings.  This is an insight that his wife shared with me.  He thinks anyone who is upset at him must be crazy, because he can’t understand why his behavior angers them.  So he doesn’t understand why I am still seeking justice against him because he can’t comprehend on a basic level how I feel.  Even a small child learns the mental exercise of asking yourself “how would I feel if that happened to me?” but Brett can’t understand this.  So in his mind I must be just an obsessive, rather than a person he has wronged who wants justice not just for the satisfaction that it gives but to protect society from him.  And all the kind people who came to my aid?  Well, they must be in it for the money or some other evil motive, because if he can’t understand how another person feels, he really can’t understand how another person can understand how a person feels and out of compassion seek to help them.

I think this RICO suit represents, in a funhouse mirror way, how he really sees this controversy.  I think he expected us all to turn on each other once we were called out.  And what has astonished him is how we have not panicked, not turned on each other.  Because behind the scenes you know what we are like?  Pretty much like you see: basically good people trying to do the right thing, who are horrified by the fact that this man is still walking a free man.

I don’t want to say that this is some kind of priest-like altruism.  There is also certainly an element of enlightened self-interest.  For instance one of the supposedly defamatory posts that Kimberlin links to in his Second Amended Complaint is a post at Legal Insurrection where the headline truly says it all: “A Brett Kimberlin Situation Could Happen to You.”  So there is not only a sense of compassion driving all the people who have helped us out over these past two years, but a belief that if we don’t stop him, they could be next.  Which is something else that Brett cannot comprehend.  Brett loves sowing fear but he doesn’t understand that sometimes the response to fear is to confront its source and defeat it.

At least that is a pet theory I have, one which fits all of the facts.  In any case, his RICO suit is falling apart and Brett doesn’t seem to understand why.  And he is lashing out.

And I am running out of popcorn.

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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.

2 comments:

  1. Aaron, I think in ECF 88 the Judge was only considering Kimberlin's request (motion) to add Twitchy to the caption. Until the date of ECF 88, that was the only addition to the complaint that Kimberlin had motioned to make. The Judge approved that as reasonable, although the Judge did note that he (Kimberlin) would still be held accountable for an apparent forgery. Then he went on to say "Hey, if you want to amend about anything else, make a Motion to Amend, and I will consider it."

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  2. Agreed with oneredquilt... "Plaintiff will be permitted to amend as he stated he intends" The second half of that sentence is the crucial part... the judge would have allowed him to amend to add Twitchy because that's all BK stated he intended. He did not say "Your honor, I intend to amend to include some tinfoil black helicopter rambling about Team Themis without bothering to connect it to any of the defendants" therefore that was not pre-permitted and subject to opposition.

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