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, Patrick “Patterico” Frey, Mandy Nagy (who is
significantly incapacitated by a stroke), Lee Stranahan, 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, Erickson and others. 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.
"He is an impotent little wannabe lawyer, isn't he?" "Yeah, what a loser!" "This is good popcorn." |
Now, dear
reader, the last two posts on Brett Kimberlin (here
and here)
have been instances where a lot of catch up was needed. I had to go back months in time to tell you
what is happening. This time, we can
build off of events in, well, those last two posts.
For those just
catching up, I am going to do a recap, sort of a “last time on Lost,” moment.
To briefly
recap, Brett first had a case against
me that we call Kimberlin v. Walker, et
al. Basically it revolved primarily
(but not exclusively) around allegations that Brett is a pedophile and issues
like criminal charges that arose from that.
We went to trial on defamation and false light and won that case for the
most substantive reason possible: truth.
Which means that from now on, Brett is not allowed to claim anyone has
defamed him or placed him in a false light by calling him a pedophile at least
as of August 12, 2014, even one that has practiced it in the past. In my last post I discussed how he attempted
to appeal his loss in that case and lost that appeal.
Oh, but I did
do it in court. I have previously shared
my SLAPP motion, but one exhibit I didn’t share is the affidavit I filed with
it as Exhibit V. You can read the whole
thing on Scribd (sans signature), here, but let
me quote from the relevant passage.
After explaining that on June 25, 2012, my freedom of expression had
been restored, I go on to state the following:
That
evening, as I was writing about the day’s events, I was SWATted. While I do not believe Mr. Kimberlin
personally made the SWATting call, I believe that it was done at his command,
out of anger at seeing my freedom of expression restored.
You can take
that for whatever you think it is worth.
But bluntly that was the first time I had publicly accused Brett of
SWATting me. His claim that I had
falsely stated he had done so was false; and the statement that I implied something
is just not actionable. Further, as
Judge Mason has said in oral argument, simply pointing out a few facts that
tend to make you suspect that Brett Kimberlin was involved in SWATting and
stating the opinion that you think he might have been involved is not actionable.
Anyway, I moved
to dismiss the case and I moved for a summary judgment. You can read the order granting it, here. I won’t bother to explain why dismissal was
granted on some items because it is not vital to the story I am telling you
now. But the summary judgment was based
on the concept of res judicata. I am
told it translates to “a thing adjudged” and it is a rule designed to see an
end to litigation, which is like Brett Kimberlin’s kryptonite.
The best way
to explain it, is that if you have disputes with someone, you need to bring all
your disputes into one case. So if Jane
Doe breaches a contract with you and then as a bad coincidence hits your car
with hers on a different occasion, if you sue her, you better sue her for both
the breach of contract and the accident at the same time. And if you don’t, then you waive whatever
claims you didn’t bring in that first suit.
So what Judge
Mason ruled was, in essence, that even if Brett has a rock solid case against me
for calling him a SWATter (even though I didn’t actually call him one outside
of court papers), he should have brought those
claims in Kimberlin v. Walker, et al. And, since he didn’t, he waived those claims.
But, Brett
pleaded, that is based on Kimberlin v.
Walker, et al. which is on appeal before the Court of Special Appeals as we
speak! He made that plea when opposing
the motion for summary judgment and he has made it again, seeking a stay of the
January 12, 2016, order essentially ending the case for me. Here’s that motion for a stay:
I got that
document just before Winter Storm Jonas dumped about two feet of global warming
(i.e. snow) around my house and I spent a good amount of time while I was
snowed in working on my opposition, which you can read here:
That was where
I last left it, but you know what is about to be super-relevant: the Court of
Special Appeals’ decision last Tuesday. So
on Wednesday morning I submitted the following to the court in Kimberlin v. National Bloggers Club (II):
Now, you can’t
just submit a supplement without asking permission, so I also filed a motion
for leave to file the same supplement. I
won’t embed it because it is very workaday, but you can read it here,
if you are dying of curiosity. One
cannot predict with 100% accuracy what a judge will do, but I feel confident
that Mason will allow the supplement or otherwise take notice of the Court of
Special Appeals’ action. I didn’t think
the motion for a stay had much of a chance to begin with, but I am more than
convinced now that it will be denied.
And of course
you can get a good chuckle when reading my original opposition to the stay when
you see me transcribe Brett’s description of his own chances on appeal at the
December 8, 2015, motions hearing.
That
case is on appeal, right now, in the Court of Special Appeals. And—you know—there’s issues in that case that
are pretty suspect. I mean Judge Jordan
even issued an order on a motion for a new trial and made note of the problems
with that case. And so I don’t think it
would be wise to ever go on res judicata
in that case.
And likewise
my prediction of success in that appeal was bold, and as of today, utterly
vindicated. Always stay happy warriors,
folks!
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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.
---------------------------------------
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.
At "if you start reading here" you have two URLs concatenated: http://allergic2bull.blogspot.com/2012/05/how-brett-kimberlin-tried-to-frame-me_9842.htmlhttp:/allergic2bull.blogspot.com/2012/05/summarypreview-of-my-post-how-brett.html
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