Merry Christmas

Just a brief post to wish everyone a Merry Christmas.  To brighten yours, here’s the Drifters’ version of White Christmas, which added a little swing to the Bing Crosby classic (as uploaded by some YouTuber and mixed with their own visuals):

Brett Kimberlin’s Airing of Grievances Against Me

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 a year, 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.  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.

Get out your popcorn again, because this will be fun.  On Monday, December 16, I filed a memorandum with the court in support of Kimberlin Unmasked’s attempt to remain anonymous.  In it I argued that Brett Kimberlin is a public figure who must offer evidence that he is not a pedophile or misogynist, and has offered absolutely no evidence of harassment.  I also argued that if he is given this information about Kimberlin Unmasked, that he can be expected to stalk and oppress that person or persons, given all that he has done to me in the past two years.  I specifically said that 1) he cost my wife and I our jobs, 2) tried to frame me for a crime, and 4) personally stalked my wife and I.

So yesterday, as Rand Paul was celebrating Festivus and airing his grievances on Twitter, Kimberlin aired his own by filling a series of motions in state court.  And Brett Kimberlin’s response?  Well, shut up, he explains.  He tries to get the whole thing struck and me sanctioned for filing it.  Yes, really.  Read it for yourself below the fold:

Freedom of Speech is Larger Than the First Amendment

Or: “Duck Dynasty Collides With the Fourth Wall”

Strap yourselves in, because this is a long one.  So everyone has been talking about Duck Dynasty, and how A&E has indefinitely suspended Phil Robertson, one of the show’s stars, for some anti-gay remarks.

Let me start by saying I don’t like this show and don’t watch the show.  The truth is I hate virtually all reality TV.  And in a weird way all of this controversy had really helped me put my finger on the reason why.

The Franklin Center’s Motion to Dismiss Convicted Terrorist Brett Kimberlin’s Silly RICO Suit

Or “The Franklin Center Plays John Hoge the Most Sincere Compliment Imaginable”

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 a year, 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.  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.

So previously I dropped on your five different documents in the two lawsuits filed by Brett Kimberin and myself.  You can read my basic motion to dismiss, here; the memorandum of points and authorities for that motion, here; a motion requiring him to file verified pleadings, here; and a memorandum in support of maintaining Kimberlin Unmasked’s identity, here.  And I posted a copy of DB Capital Strategies’ motion to dismiss, here.  And yesterday, I dropped a post talking about the ridiculous claim by Brett Kimberlin that somehow all of this defamation had rendered him “odious, infamous and/or frightening.”

Most of the purpose of this post is to give you the Franklin Center’s Motion to Dismiss in Brett Kimberlin’s lawsuit.  Like Dan Backer, they went with a less-is-more approach.  You can read it below the fold:

The Most Ridiculous Line In Brett Kimberlin’s Lawsuits

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 a year, 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.  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.

Update: I have waaay too much fun with this on twitter.  See below.

So yesterday I dropped on your five different documents in the two lawsuits filed by Brett Kimberin and myself.  You can read my basic motion to dismiss, here; the memorandum of points and authorities for that motion, here; a motion requiring him to file verified pleadings, here; and a memorandum in support of maintaining Kimberlin Unmasked’s identity, here.  And I posted a copy of DB Capital Strategies’ motion to dismiss, here.

And for the most part, I let the documents speak for themselves.  But there is one line that in Brett Kimberlin’s complaints that is so lame it deserves highlighting.  And folks, I am not sure you are going to believe he wrote it unless you read see the scan for yourself:

DB Capital Strategies Motion to Dismiss Brett Kimberlin’s RICO Suit

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 a year, 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.  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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

Time for more popcorn!  As I suggested in my last post, Dan Backer’s DB Capital Strategies is being accused in the suit for the act of... representing a client and offering a settlement.  Seriously that is it.  And Kimberlin calls this extortion and calls a lawyer offering pro-bono help some kind of mafia action.  Oy vey.

But really if settlement offers are extortion then people give into extortion with alarming frequency...

Oh, quick lock these guys up!

$5.8-million settlement reached in deadly off-road racing crash

A $5.8-million settlement has been reached with the relatives of those killed and a dozen who were injured when a truck competing in an off-road desert race careened into a crowd of spectators, their lawyers announced Wednesday.

And these guys, too!

'Oogled' by co-worker cops, Mpls. city employee wins $32,500 settlement

EXCLUSIVE: My Memorandum in Kimberlin v. Walker et al.

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 a year, 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.  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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

And more popcorn is in order.  In fact, you may want to buy stock in Orville Redenbacher, although this will be the last filing of the day from me.  I wanted to get all of this out before Team Kimberlin put it out.

Now, first, in case there is any confusion there are two cases Kimberlin has filed against me.  The first, this dumb RICO suit is the subject of the last three posts.  That is the one where he is suing a ridiculously long list of defendants, claiming that there is an organized mafia out to get Kimberlin... including Simon and Shuster.

You know, sometimes all you have to do is state a person’s argument to discredit it.

Meanwhile, you have this state case which claims that there was an evil conspiracy of myself, Kimberlin Unmasked (whoever he/she/they are), Robert McCain, John Hoge and Ali Akbar to hypnotize Brett Kimberlin’s wife and force her to accuse him of having sex with her underage, or something.  It’s pretty goofball and incoherent, but you can read the complaint here.  In that case, I am being represented by counsel but being a lawyer I can do a lot of stuff for him that is normal “second chair work.”

Right now we have a couple motions to dismiss on the docket, and we’ll see how that goes, but there is also currently a fight over whether to force Google to cough up information potentially identifying the person or persons known as Kimberlin Unmasked (which I am going to call “KU” from now on).

Regular readers know I feel a great deal of sympathy for KU.  After all, I went through exactly this process about two years ago, and while he didn’t get my identity by court, eventually he learned of my real name through other sources and he has been stalking and oppressing me ever since, and my wife.  The last thing I would want to see is for someone else to be subjected to all of that.

If I wasn’t in the case, I couldn’t do a thing, except maybe give some legal advice.  But since I am a part of the case, I am allowed to share my opinion about every motion, pleading, etc.  So we have “Defendant Walker’s Memorandum in Support of Defendant Kimberlin Unmasked’s Motion to Quash.”  As I said before, that title is kind of misplaced.  To recap, Kimberlin filed a subpoena against Google in the state case aimed at unmasking whoever Kimberlin Unmasked is.  That subpoena was granted, but I guess it didn’t get him what he wanted and so he sought more information.  So I thought he did what he had to do and filed for a new subpoena, in part because someone told me it was a subpoena.  I was wrong.  He just filed a motion to compel which is out of order.  In any case while misunderstanding the posture of the situation—because I didn’t realize how badly Kimberlin screwed up—the title of it is wrong.  But I believe the law is spot on and, I hope, helpful.

Another point to raise is if you read the last two documents, much of this will be familiar.  Some of the text and arguments are recycled from the other two, because after all this was a new forum and there is no rule against that.  Indeed there is some recycling between Kimberlin’s filings as well, which isn’t against any rules, but could cause him trouble down the road.  But there is still plenty of fun to be had, here, and the purposes I am putting some of these arguments to is different.  In the motion to require verification, the purpose of pointing out how Brett Kimberlin tried to frame me for a crime was to show what a liar he was.  In this document I point that out to show what I fear will happen to KU if Kimberlin gets his real name.

Finally, please note I am cutting out two entire exhibits in order to avoid naming Brett Kimberlin’s eldest daughter for reasons I articulated, here.

So without further ado, here’s what I filed.  Again, don’t get freaked out by the length.  Its twenty five pages of original text, and then the rest is exhibits.  And often the same exhibits as in the last document.  So doing the math that is 122 pages for this, 106 for the motion to require verification, 97 for the motion to dismiss and accompanying memorandum.  So all told that is 325 pages.  And DVDs.  And Brett will have to work over the Christmas holiday to respond to them.  He really should have looked at a calendar before filing these cases.

EXCLUSIVE: My Motion to Require Convicted Perjurer Brett Kimberlin to Verify his Filings in the RICO Suit

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 a year, 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.  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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

You are really, really going to want to get out the popcorn for this one.

So I shared with you my motion to dismiss and the reasoning behind it, but I also pointed in my last post out that at this stage we have to treat all of his proper allegations as true, which is annoying because we are dealing with a convicted perjurer and indeed a shameless liar.  “Is there any way we can communicate that to the judge?” you might ask, “Is there any way we can make him face some real consequences if he keeps lying in this suit?”

Gosh, dear reader, you are asking some good questions.

Humor aside, with all that in mind, I present “Defendant Walker’s Motion to Require the Plaintiff to File Verified Papers in Future Filings.”  And what does that mean?  Well, I think you will understand by the end of it.

Don’t let the length freak you out.  Most of this is just exhibits.  The motion itself is 21 pages.

EXCLUSIVE: The Rest of My Motion to Dismiss Convicted Terrorist Brett Kimberlin’s RICO Suit

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 a year, 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.  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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

So yesterday I shared with you a Motion to Dismiss, that said, more or less, “please dismiss it because of the stuff I said in another document.”  In other words, I yanked your chain a little since all the meat of my reasoning wasn’t in what I presented to you.  Well, no more chain-yanking.  Pull up some popcorn and get ready to read.  In this post you get to read my memorandum of points and authorities in support of my motion to dismiss.  This is the longest thing I filed Monday if you don’t count exhibits.  It’s 50 pages of original text, including the cover page (95 pages including exhibits, the table of contents and other stuff like that).  And believe it or not, I didn’t say everything I had in mind.

A few things to note, although mostly I will let it speak for itself.  I don’t represent anyone but myself in this.  But at the same time, in each case I gave the judge reasons to dismiss the case that applies to everyone, not just myself.  And you will see I actively take time to defend Patrick Frey from these bogus charges and you can see my justification for doing so.  Still, if any of my co-defendants are reading this, you should not take this as an excuse to relax and not do what you have an obligation to do in relation to this suit.  That includes responding in an appropriate time in an appropriate way to the suit.  Consult with an attorney to learn what your duties are.  The last thing you want to do is to accidentally default.

Also, I admit some of the stuff on jurisdiction might be difficult to understand if you are not a lawyer.  Normally I would take the time to give you a long explanation of how it works, but I do not want to educate the Maryland Midget.  I would say try to figure it out and if it doesn’t work, then just muddle through the rest of it.  I think most of the rest of it is pretty easy to understand (except that admittedly some of RICO is really hard to “get” even for lawyers).

And so without more ado, here’s the memorandum.  Enjoy:

EXCLUSIVE: My Motion to Dismiss Convicted Terrorist Brett Kimberlin’s RICO Suit

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 a year, 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.  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.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.

Prepare to be astounded, folks.  Below the fold, exclusive to this blog is my motion to dismiss Brett Kimberlin’s RICO suit.  So go ahead, look: