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.
And more recently when his wife came to us claiming that this convicted
terrorist had threatened her harm, we tried to help her leave him, and for
that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for
helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies,
Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy
Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio
Arts, Red State, the National Bloggers Club, and Simon and Shuster alleging that we are all in
organized crime for reporting factually about the spate of SWATtings committed
against myself, Frey and Erickson. 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.
As John Hoge has reported
this morning that Brett Kimberlin is filing a silly motion seeking a written
judgment in the case that we won just about two weeks ago (see 1,
2,
3,
4,
5,
6
and 7). Vexatious litigant files vexatious filings
and all that. Ali Akbar also writes on
that, here.
The more
significant news is that Brett is either about to file, or is threatening to
file a new lawsuit, in federal court, and according to my lawyer it might
include a minor plaintiff “pro se” which sounds like his daughter. So Brett’s prediction to Dave Weigel...
Kimberlin tells
me he’ll appeal, and that as far as the bloggers go there’ll be “endless
lawsuits for the rest of their lives."
— daveweigel
(@daveweigel) August
12, 2014
...is already
proving true. Apparently two weeks of
vacation didn’t calm him down at all.
Of course
there is a lot to say about that, but the most hilarious fact is she can’t file
on her own behalf, and he can’t sue on her behalf without a lawyer. That’s not just my opinion, but of the U.S.
District Court for the District of Maryland.
From Allen v. Dorsey (2006):
First,
to the extent that Allen seeks relief on behalf of his minor children, he may
not so do. Federal courts uniformly do
not allow parents, guardians or next friends to appear pro se on behalf of a
minor or incompetent person. See Wenger v. Canastota Central School District,
146 F.3d 123, 124 (2d Cir. 1998); Devine v. Indian River School Board, 121 F. 3d
576, 581-82 (11th Cir. 1997); Johns v. County of San Diego, 114 F. 3d 874, 876
(9th Cir. 1997); Meeker v. Kercher, 782 F.2d 153, 154 (10th Cir. 1986). This
prohibition is designed to protect the interests of the minor or incompetent person
from being compromised by one who lacks the legal training necessary to
adequately protect them. It also recognizes that lay persons are not bound by
the same ethical obligations placed upon lawyers. See Brown v. Ortho Diagnostic
Systems, Inc., 868 F. Supp. 168, 172 (E.D. Va. 1994).
So if Brett
wants to file suit, he needs to go lawyer-shopping. And one seriously doubts any lawyer will take
it—it’s a loser from start to finish. Certainly
no lawyer will take it on contingency.
If he wants her to sue, he will not be able to file suit sans sweat.
That being
said if you want to help the victims of this lawsuit abuse, hit the freaking tip jar at BomberSuesBloggers. Or as I said this morning to my
co-defendants:
We might need
to change @bombersues to
@Bombersuesandsuesandsuesandsuesandsuesandsues @wjjhoge @rsmccain @ali @Kimberlinunmask
@BomberSues
—
Aaron Worthing (@AaronWorthing) August
28, 2014
Joking aside, donate. And thank you for all your support, be it
financial, moral or spiritual.
And yes, to put his daughter continually in the middle of all of this is vile, IMCPO (in my Constitutionally-protected opinion). Did he learn nothing from Judge Johnson's disgust at trial?
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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.
---------------------------------------
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.
I was afraid he might try this after the judge kept telling him his daughter was not a party in the suit. I'm going to try to donate a little on payday if my wife says we can afford it. As always you and your co-defendants are in my prayers.
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