The "Fail!" continues... |
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,
Breitbart.com, 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.
Probably some background will help
make sense of this. This is the appeal
to the Fourth Circuit of his near-total loss in the RICO case that he filed
against myself, Michelle Malkin, Glenn Beck, Simon and Shuster, et al,
ridiculously claiming that we were all in a mafia or something. You can read the opinion dismissing most of it,
here,
and you can read the opinion affirming that dismissal, here.
So Brett appealed that near-total dismissal,
and I pointed out that he was engaged in premature appeal-ation here. Go ahead, read the whole thing, and then read
what the Fourth Circuit wrote, below the fold:
To provide a little reader education,
you might not know what a per curiam opinion is. That is a (typically) short, unsigned opinion
by the entire court. These kinds of
opinions are generally reserved for when the issue is so blindingly obvious
that they don’t really need much discussion and probable some clerk writes the whole thing and they sign off.
As for the unpublished opinion thing, that means they don’t want their
opinions to be published in the official case reports, in this case because it is so blindingly obvious. Still, 1) virtually all electronic databases
will publish it anyway, 2) it is still something we can cite to show the
outcome for us in this case as needed (which we probably won’t need to do), and
3) local rules allow the case to be cited if no “published” opinion is more on
point.
Anyway, so the short version is I told
Brett Kimberlin about two months ago he was wasting his time and money and
today the Fourth Circuit told him he was, too.
That is, he is out a McKinley:
I honestly had no idea this kind of bill existed until I googled it. |
But, hey, one small victory for
Kimberlin: the per curiam opinion doesn’t use the word “fail” even once! He must be so proud! No, the “fail!” is implicit.
In other Team Kimberlin news, Popehat
tells of another partial victory in the endless Kimberlin litigation, here. So, I will let him explain it.
---------------------------------------
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.
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