My Motion to Strike Convicted Terrorist Brett Kimberlin’s Improper Ex Parte Motion for a Temporary Restraining Order.

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 for calling him a pedophile.  He lost on the issue of truth.  He is also suing Hoge, Akbar, Dan Backer, 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 conspiracy to defame him because we reported 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.

She really likes her
popcorn...

So a lot has been happening in Brett Kimberlin’s various lawsuits, let’s take a moment and catch up...

First, stop everything and go read as Ken “Popehat” White puts up the “Popehat signal” to help a friend of mine, Mandy Nagy.  If you happen to be a Maryland lawyer and can help, please consider doing so.  Brett has heartlessly sued this stroke victim based on a patently frivolous complaint.

Next, let’s talk about what was once called Kimberlin v. National Bloggers Club, et al. (I) until it was whittled down to just one claim against Patrick Frey.  I think in all frankness, that shouldn’t have been saved to that degree and now Brett is using that process to try to harass others.  Case in point: on Monday, Judge Hazel turned down a protective order in relation to a subpoena for InterMarkets which may, or may not, have the identity of the blogger known as Ace.  Hazel also said that I and several others could seek sanctions for Brett, but also indicated that he wasn’t inclined to grant it.

As for Ace, I will note that the deficiencies the court seemed to hone in on is technical, and the court doesn’t seem to have ordered them to comply, either.  So that fight might not be over.  We shall see.

Next, let’ss talk about Kimberlin v. National Bloggers Club, et al. (II). In NBC (I), Brett filed for many state law claims and they were dismissed for jurisdictional reasons.  The U.S. District Court said that if he was inclined to, he could refile it in state court.  So he did.  So here is the news in that case.

First, he sought to discover Ace’s identity in that case, too, in a remarkably poor motion.  I have filed an opposition to that which I will reveal soon (probably today).

Brett also filed a motion to alternative service on Defendants Ali Akbar, the National Bloggers Club, Michelle Malkin and Twitchy in the same case, which was promptly denied.  As you might recall, Judge Mason had been specially assigned to this case (on my motion), but I believe right now he is on vacation (John Hoge seems sure of it, and unlike me, he was able to take notes at the July 17 scheduling hearing, so he is probably right).  So Judge Albright filled in on this and another case involving Kimberlin.  I have no idea if she is deciding on her own, or if she is simply formalizing Mason’s decision from vacation.  I, for one, hope he is getting a break, because we all could use one now and then.  I have seen Albright’s order and no reason is given.  It probably has to do with the fact that Brett has done nothing to establish that anyone is evading service.

But Brett still might have seriously harmed himself in filing that.  We also obtained copies of his exhibits (he didn’t bother to actually serve it on me) and guess what?  He has altered green cards yet again.  John Hoge has the details.

Further, remember how I mentioned that Brett tried to get service on Michelle Malkin and Twitchy?  Well, even though they haven’t been served, they filed a motion to dismiss.  This is a motion by the man my mom describes as her second favorite lawyer in this case, and it is very much worth a read.

Additionally, there is still the case of Schmalfeldt v. Grady, et al., involving Brett’s self-described friend trying his hand at lawfare, suing a large number of people for supposedly defaming him.  The most basic problem is that the court just didn’t have jurisdiction over the case.  But before we even get to that, one of the Defendants, retired attorney David Edgren, was challenging his in forma pauperis status.  You see, you always have to pay filing fees and the like when you come to court, unless you can prove that you are sufficiently poor.  And Edgren showed credible evidence that Schmalfeldt was not telling the truth in his form.  Schmalfeldt opposed, kind of, the motion to strip him of his IFP status, and Edgren replied, here.

And then we turn to the case of Walker v. Kimberlin, et al.  This is the lawsuit I revealed last week and you can read the complaint, here.

As I also mentioned, they filed some kind of motion for a restraining order as follows:

Docket Date:               07/21/2015 Docket Number: 25

Docket Description:    MOTION, PROTECTIVE ORDER

Docket Type:              Motion Filed By: Defendant Status: Open

Docket Text:               DEFENDANTS, BRETT AND TETYANA KIMBERLIN'S SEALED MOTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PROTECTION ORDER, AND ATTACHMENTS, FILED. (PLEADING REMOVED AND PLACED UNDER SEAL)

But I didn’t know what the heck it was.  They didn’t bother to serve it on me.  I waited until Saturday, and then wrote a quick motion pointing out their clearly improper behavior.  So why don’t I show you what I wrote, with the usual caveat that the original was fully executed.

  Motion to Strike (Redaction)

  

(And, dear reader, there are a lot of subtleties going on here, that I don’t think it would be wise for you to discuss.  So please be careful, lest you educate the midget.)

I filed that Monday and then went to see if I could get a copy of that sealed motion, perhaps if I prove I am the Plaintiff.  I doubt that would ordinarily work, but apparently by the time I got there, the motion had been unsealed summarily.  As in, someone figured out that he hadn’t moved to seal it, therefore it was no longer sealed—or at least that my best guess.  I could even see that someone, presumably in the clerk’s office, had opened it.  When I went to copy it, the lady at the copy room desk even called to verify that it was not supposed to be sealed and, once satisfied, gave me a copy.  And, dear reader, it is clear Brett Kimberlin is rattled.  I mean this is my constitutionally protected opinion, but it was very clearly written by Brett, and it seems almost manic in its writing.

In any case, on Wednesday, the motion was denied, again by Judge Albright.  Since the same judge was specially assigned to the case (Mason), pretty much all the same speculation applies here.  So Brett wasted his time, and I may try to make trouble for him on that.

As a preview of coming events, I plan to publish my opposition to Brett’s attempt to out Ace tomorrow (Friday), and then reveal Brett’s dumb motion against me on Monday.  There is some I may choose to redact in the middle and I want to make sure I do all of it right before I publish it.

In any case, always remain happy warriors and keep plenty of popcorn handy!

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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.

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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.