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.

Wednesday, May 27, 2015

My Request for a Hearing or Immediate Dismissal in Adjudicated Pedophile Brett Kimberlin’s State Lawsuit

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 convicted terrorist Brett Kimberlin has been harassing me for over three 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.  Indeed, he sued me for saying this and lost on the issue of truth.  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 sued 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson,, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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.

I hinted at this yesterday and since this hinged on the passage of time, there was little question I could deliver as promised.

It probably takes a moment to make sure we are on the same page.  In relation to the most recent few posts, here is what is happening in court...

Brett sued me and pretty much the right half of the blogosphere in federal court claiming we were in a massive RICO enterprise against him—more or less a “mafia” against him.  Besides claims based on the Racketeer Influenced and Corrupt Organizations Act (which is what “RICO” stands for), he claimed that Patrick “Patterico” Frey violated the Civil Rights Act of 1866, that most of us violated the Ku Klux Klan Act, as well as various state law claims.  The U.S. District Court dismissed outright the RICO and KKK Act claims, in a pair of opinions you can read here and here.  The court (wrongly, in my opinion) found that the Civil Rights Act claims could survive the motion to dismiss.  And for reasons more complicated than they were interesting, the court had a choice whether to continue with the state claims, and it chose not to, saying:

Thus, the Court will decline to exercise supplemental jurisdiction over Kimberlin's state law claims and will dismiss those counts (Counts IV, V, VI, VII, VIII, IX, X) without prejudice to Kimberlin's right to re-file in state court, should he so choose, and should those claims not be barred under principles of res judicata and/or collateral estoppel.

That last bit, referring to res judicata seems most directly to be referring to my filings which argued that the suit shouldn’t have been brought at all, because he already had his day in court and lost.

Ignoring that warning that he shouldn’t file if the suit is barred by res judicata, Brett filed a new state case based on all those state causes of action and adding a few more silly invasion of privacy claims.  That case is being heard in the Montgomery County (Maryland) Circuit Court.

Meanwhile, he appealed the near-total loss in federal court, only on the federal issues raised.  That is being heard in the Fourth (U.S.) Circuit Court of Appeals.  You see, in case you didn’t know this, the Federal Government has divided America into several different “circuits” where the circuit courts sit as intermediate courts of appeals between the trial courts (district courts), and the Supreme Court.  Here’s a map of those circuits:

By the way, you will notice a tiny yellow square in the middle of the Fourth Circuit (on the east coast).  That is the D.C. Circuit, which is kind of a special case in our legal system given that it deals with issues related to the capital.  It is literally the smallest but arguably the most important.

You can read his dumb “informal brief” here, and my response to it, here.  And while all of this is happening in the 4th Circuit, and the Montgomery County Circuit Court, the original federal case, now rechristened Kimberlin v. Frey, is apparently proceeding into discovery, which is why I was able to files something in that case that I shared with you yesterday.

Further, while all that is happening in Federal Court, I was also seeking dismissal of the new state court case.  You can read my motion to dismiss, here.  You can read his motion to strike my motion to dismiss, here.  You can read my opposition to that motion to strike, here, and my motion to strike his motion to strike, here.  And you can read his opposition to my motion to dismiss... um...  (looking through my papers)…

Holy crap! He didn't even file an
opposition? He's such a loser!
...say, wait a minute!  There is no opposition!

Which is me being cheeky and colorful, but there you go.

Humor aside, I waited a week, giving time for the filing system to work and when it was clear that 1) they had nothing from him and 2) I had received nothing in the mail, I wrote this document up and sent it to them on Saturday:

As per usual, I cut out the full signature block and several certificates that you are unlikely to care about.  Admittedly, it is not particularly long or complicated, but it gets across what I think needs to be said.

Incidentally, it has appeared on the electronic docket today, so there is no question that 1) they have it, and 2) Brett filed nothing in the meantime.

Anyway, I hope you enjoy it.  And stay tuned for the latest developments.  And always have popcorn available.


My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) 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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