Hitler Finds Out About Convicted Terrorist Brett Kimberlin’s Second Amended Complaint

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.

So Friday Brett released his Second Amended Complaint, and boy it was a doozy.  Now, there are presently gaps in the scan of it on PACER which I presume means that a few pages stuck together as they were scanned.  Brett hasn’t seen fit to serve it on us, yet, and there remains the possibility that the judge might refuse to accept that amendment.  But even if accepted, that new version of the complaint is full of fail, as I explained on Friday.  Yes, a great deal of work will have to be done answering this silliness, and blogging will be light as a result, but it’s important to point and laugh at the fail on display, here.

Of course not everyone is happy.  John Hoge reports signs that Team Kimberlin is worried and exclusive to this site, we have video of a Kimberlin supporter reacting when he learned about what is in the Second Amended Complaint.  I admit my German is not fluent, but I think I did a pretty good job translating in the subtitles...

You know, when you are too crazy for Hitler, you are not doing well...  But to be fair to Brett, maybe he shouldn’t be so worried about Hitler’s tantrum.  As we can see, he didn’t take it particularly well when the bogus charges Brett fiiled were dropped against me last year, but somehow Hitler made up, right?

I am weird enough that I thought that line about checking under the cars was hilarious.  So did my wife.

And for those who are not aware of what a Downfall parody is, you can read up on it, here.

Hey!  Not every post about Kimberlin can be a new document and deep analysis of the same.  Sometimes a post can be just pure fun.  Well, half of it anyway.

Getting a little more serious, John Hoge has posted Twitchy’s and Michelle Malkin’s Reply, to Brett’s opposition, to their Motion to Dismiss (the First Amended Complaint).  It’s full of win and you will need popcorn in order to read it, here.  Most of it speaks for itself, and Michael Smith has been appropriately brutal in his evisceration of Kimberlin’s arguments.  As John observed earlier in the day, the best paragraph came in response to Brett’s hallucinatory comparison of himself to those who have suffered injustice throughout history, where he starts with a straw man argument, and then goes all Godwin’s law on us.  For reference this is what he wrote:

Defendants Malkin and Twitchy argue in their Motion that their conduct is justified because Plaintiff was convicted of crimes 35 plus years ago. Reading their brief is absolutely shocking because it makes the same arguments made in bygone eras where blacks were hanged because of their color, where women were burned as witches because they were different, where gays were tortured and tied to fence posts to die because of their sexual orientation, and where Jews and Gypsies were exterminated in the name of ethnic purity. In all these cases, the actors justified their behavior on the grounds that the victims were not worthy of life because they were lesser humans.

Mr. Smith’s response was perfect:

The outrageous parallel Mr. Kimberlin tries to draw between himself and various persecuted individuals and groups through the ages is preposterous, and deserves no response other than to note that none of those tragic victims ever blew anyone’s leg off, perjured themselves, or concocted a lie specifically designed (and timed) to throw an election for the Presidency of the United States.

As I said on Twitter, that’s gonna leave a mark.

I mean, I am not even sure he needed to say that much—it kind of refuted itself—but it made me smile when he did.  Somewhere I imagine the Malkins cheered on reading that line.

More legally significant is that Mr. Smith did something pretty clever here, as well.  You see, you might reasonably wonder why he is bothering to file it given that Brett has written a new complaint setting off a new cycle of Motion to Dismiss => Opposition => Reply.  Well, you see, Smith explains that this cycle might not even begin:

Mr. Kimberlin on March 7, 2014 filed his Second Amended Complaint, which normally would supersede the First Amended Complaint (FAC) and render moot that part of this motion that seeks its dismissal under Rule 12. (R.41 Memorandum, Argument Sections I-III, pp. 6-40). See, 3-15 Moore’s Federal Practice - Civil § 15.17[4] & fn. 9 (citing cases). However, the March 7 filing ignored this Court's directive to comply with Local Rule 103.6, which requires a redlined copy of the proposed amended pleading showing all revisions from the prior version, additions and deletions. R.88 Letter Order, p. 5. Given the possibility the Second Amended Complaint may be stricken, leaving the FAC in place, this reply will address issues pertaining to the motion to dismiss the FAC under Rule 12(b).

The sly thing he did, here, was bring up the idea of striking the amended complaints.  Why is that sly?  Because if Smith filed a leave to move to strike, the judge probably wouldn’t have granted such leave and Smith might have irritated the judge.  But by briefly—and properly—bringing it up here, he can bring the issue to the judge’s attention, and, if we are lucky, cause that complaint to be struck.  It’s all proper, but it is absolutely the best way to bring it to the judge’s attention.

Anyway, if you haven’t read it, do it now.  You’ll thank me.  And of course we still have news coming.  Brett still has three show causes coming: in the Copyright case, explaining why that case shouldn’t be dismissed for failure of service; in the RICO case on why he shouldn’t be sanctions for forging a summons; and in the RICO case for why Ali Akbar, NBC, Lee Stranahan, Kimberlin Unmasked and Breitbart shouldn’t also be dismissed for lack of service.

Blogging will probably be lighter in the short term as I work to get things ready in case the judge accepts this Second Amended Complaint.  Yes, I will move to dismiss, even if it angers Hitler.

Yeah, scratch that...  especially if it angers Hitler.

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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.