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.

Friday, February 28, 2014

BREAKING: Judge Titus’ Memorandum Opinion in Convicted Perjurer and Document Forger Brett Kimberlin’s Silly Copyright Case

And the Unsuccessful Amicus Motions I Filed

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 Kimbethomasrlin has been harassing me for over two 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.  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.

Well, dear reader, after our “embarrassment of riches” this morning you are going to be treated with even more legal filings tonight.  Aren’t you lucky?

Certainly Orville Redenbacher is enjoying the windfall.
 
Those who have been paying attention also know that Brett has, remarkably, a third case going right now: an abusive copyright case against Kimberlin Unmasked (KU) alone.  (That is, in addition to his state case and his federal RICO case, which all also name KU as a defendant.)  How do we know it is abusive?  Because 1) lots of people have done what he is complaining about, but he is only suing KU and 2) because it is obvious fair use.  For those that don’t know, you have a right to use other people’s copyrighted work, for purposes such as satire and criticism of that work (subject to a balancing test—this is not legal advice).  And Kimberlin amazingly makes it clear that some of the uses KU has made of his allegedly copyrighted work is fair use.  For instance, here’s a passage from his complaint: “Kimberlin Unmasked alters these photographs by superimposing Plaintiff’s face on to other backgrounds, for example in a Nazi uniform.”  Well, guess what?  That’s at least criticism, if not actual satire.

So it is a frivolous suit and the actual, plain intent was to use this as yet another vehicle at identifying the person or persons who write as KU, with whom Brett has become obsessed.  And it looks like it is crashing down.  John Hoge posted a show cause order that said that Brett had two weeks to explain to the judge why he shouldn’t dismiss the case for failure to serve KU.  But likewise, the court said something about some motions about me appearing as Amicus Curiae,* and so an explanation might be owing.

As I have said repeatedly, the cases come first, the blogging comes second.  And this is an example of that.  Last Tuesday I filed four things in the copyright case but I didn’t announce it because the longer it took for Brett to realize something was happening in the copyright case.  I mean, I served everything I filed on him just as usual, but why tell him about it before I am certain that the mail arrived?  So I was quiet about filing it.

But that is no longer necessary so I can present to you what I have filed.  The first is a motion for leave to file as amicus curiae in that case.

Any person technically can try to file as an amicus, although you have to make the case to the courts that you are going to contribute positively to the deliberation of the issues.  And if you are not the ACLU, the ACLJ, Public Citizen, or even the NRA, you are not likely to be accepted.  But at this point, it was either this or nothing and even if the Judge Titus ultimately did not give me leave to file, I might make some arguments that still might have an impact.  As they say, “you can’t un-ring the bell.”

And bluntly I didn’t have to work too hard writing these things.  As you will see, they are actually kind of a “Frankenstein’s Monster” of other writings all stitched together, sometimes taking stuff I had written before and sometimes lifting arguments from other lawyers in the RICO case, and even borrowing from Beth Kingsley when she was helping me out in the Kimberlin v. Allen litigation over two years ago.  I would say around 30% of each document is original and new writing from me.

So first up you have my motion for leave to file as amicus:

An Embarrassment of Riches in Convicted Perjurer and Document Forger Brett Kimberlin’s Silly 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 two 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.  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.

Okay, first a confession.  When I was writing yesterday’s Brett Kimberlin post, I was suffering under a migraine or similarly awful headache and I managed to forget that this was for Thursday not Friday.  So when I said that this was it until Monday, well...  that is because I thought the next day was Saturday.  Oy.

And normally, dear reader, I would still give you one of the lesser documents on a Friday and only one or two at that at that.  Well, dear reader, that is what I would normally do but we are going to give you four different documents, and they are going to be fun reading.

You see, dear reader, I am feeling better and perhaps it was because I had gorged myself on popcorn on Thursday.  Yes, and I strongly suggest you get out the popcorn, too, or some kind of snack food because this is going to be fun.  First, in the mail I got a pair of deliciously butthurt filings from Brett Kimberlin...

Thursday, February 27, 2014

DB Capital Strategies Reply to Convicted Terrorist Brett Kimberlin

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 two 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.  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 the dribbling of documents continues.  Admittedly this is not the most exciting document.  That isn’t to say it isn’t good for what it is trying to accomplish.  It is quite excellent in several ways, including a better development of my arguments that 1) the declaration is improper, and 2) Kimberlin improperly added new allegations.  The problem that weighs it down looking at it, now, is that we know it is probably going to be mooted when Brett files his amended complaint.

Still for what it is worth, you can read it below the fold:

Wednesday, February 26, 2014

The Problem SB1062 Should Have Addressed

So within the last 24 hours suddenly a massive campaign kicked up against SB1062, a bill passed by the Arizona legislature, in order to pressure Governor Jan Brewer to veto it—an effort that was successful tonight  This was painted as an anti-gay bill, but in all bluntness it really didn’t capture what prompted it or what it was about.

What it was, was a freedom of religion restoration act.  Seriously, follow the link and read the text of it.  We have seen a lot of these, including one that is already on the books on the federal level.  And if there is any difference between the Federal law already on the books, I have yet to hear anyone make the case.

The idea that it was motivated primarily by the fear that Arizona’s robust laws prohibiting discrimination based on sexual orientation has one tiny problem...  no such laws appear to be present.  Maybe there are some specific local ordinances, but in the state of Arizona, according to their own civil rights commission, discrimination based on sexual orientation appears to be legal.

Twitchy’s Opposition to Being Named as a Defendant in Convicted Document Forger Brett Kimberlin’s Silly 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 two 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.  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 on Monday I shared my opposition to Brett’s motion to add Twitchy as a party, shortly before finding out that Brett had been granted a full amendment.  Oh well, life is like that.  So this isn’t a pending motion, but still I think that this is very much worth reading.  As I said on Monday, Smith totally outclassed me on the issue.  I bluntly thought of “prejudice” in far too narrow a way.  You will see what I mean when you read it.

Tuesday, February 25, 2014

Convicted Terrorist Brett Kimberlin’s Whiny Response to Michelle Malkin and Twitchy’s Motion to Dismiss

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 two 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.  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, dear reader, we dribble out another yet document in Brett Kimberlin’s uncommonly silly RICO suit.  Now admittedly this is probably about to be mooted, like many of the documents I have yet to share with you, but it is real fun.  Besides the now stale revelation that Brett was admitting defeat—over and over saying that he wanted leave to amend the complaint he previously claimed was just plain awesome—we have him giving another version of his passion play, saying over and over again that he doesn’t wear a Scarlet Letter.  Indeed, he goes beyond the passion play and goes all Godwin’s law on us.  Ah screw it, let me quote this in the text of the post:

Defendants Malkin and Twitchy argue in their Motion that their conduct is justified because Plaintiff was convicted of crimes 35 plus years ago. Reading their brief is absolutely shocking because it makes the same arguments made in bygone eras where blacks were hanged because of their color, where women were burned as witches because they were different, where gays were tortured and tied to fence posts to die because of their sexual orientation, and where Jews and Gypsies were exterminated in the name of ethnic purity. In all these cases, the actors justified their behavior on the grounds that the victims were not worthy of life because they were lesser humans.

This, from a man who has demonstrated bigotry toward the disabled.  But how can he claim that he is being similarly persecuted?  What unfairly stigmatized group does he belong to?  Well, the same group that he claimed Patrick Frey was unfairly discriminating against: criminals.  Yes, really.  From the very next line:

In the United States, there are more than seven million people in prison, on probation or on parole, and there are tens of millions more who, like Plaintiff, have served their sentences and are no longer under supervision. In the United States, there is a presumption that once a person serves his sentence and moves on to a legitimate lifestyle that the person should be able to so unmolested by other members of society.

Well, first, I don’t believe anyone has accused anyone of molesting Brett Kimberlin.  Really between him being a molestee or a molester, I think we don’t have to worry about him being the victim of molestation.

But joking aside, the idea that there is a legal presumption that he is a good and productive member of society simply doesn’t exist.  Don’t take my word for it: take the word of the Supreme Court.  Consider, for instance, what the Supreme Court said in Lawrence v. Texas, which struck down laws outlawing gay sex, more or less.  In that case, one of the reasons why they didn’t want gay sex to be a crime any longer was because they didn’t want gay persons to bear the “Scarlet Letter” of criminality, writing that otherwise:

The petitioners will bear on their record the history of their criminal convictions. Just this Term we rejected various challenges to state laws requiring the registration of sex offenders. Smith v. Doe, 538 U. S. 84 (2003); Connecticut Dept. of Public Safety v. Doe, 538 U. S. 1 (2003). We are advised that if Texas convicted an adult for private, consensual homosexual conduct under the statute here in question the convicted person would come within the registration laws of at least four States were he or she to be subject to their jurisdiction. Pet. for Cert. 13, and n. 12 (citing Idaho Code §§ 18-8301 to 18-8326 (Cum. Supp. 2002); La. Code Crim. Proc. Ann. §§ 15:540-15:549 (West 2003); Miss. Code Ann. §§ 45-33-21 to 45-33-57 (Lexis 2003); S. C. Code Ann. §§ 23-3-400 to 23-3-490 (West 2002)). This underscores the consequential nature of the punishment and the state-sponsored condemnation attendant to the criminal prohibition. Furthermore, the Texas criminal conviction carries with it the other collateral consequences always following a conviction, such as notations on job application forms, to mention but one example.

The Supreme Court struck down that sodomy statute, because they believed it was wrong to fasten the stigma of criminal conviction upon a person simply because they had adult, consensual sex.  But the Supreme Court is never going to say it is wrong to fasten such a stigma to convicted criminals.  Indeed, far from presuming that a person is a clean slate once they serve their time, it is permissible to hold a person’s criminal history against them in 1) hiring and firing from a job, 2) housing, 3) jury selection, 4) gun ownership, 5) the admissibility of their testimony, and 6) the right to vote.  Sex offenders often have to register as such long after they have been let out of prison for their crimes, and the government regularly discriminates even among criminals depending on the severity of their criminal past, punishing repeat offenders more harshly than persons who committed a single crime.  Bluntly, Brett is pulling legal arguments right out of his behind.

Martin Luther King Jr. dreamed that his children would be judged not by the color of their skin but by the content of their character.  Mr. Kimberlin doesn’t even want to be judged by the content of his character.  But, then again, if you had a character like his, would you want to be judged by it?

Another particularly silly part comes in paragraph 42:

Defendant Malkin argues that she has a First Amendment right to defame Plaintiff because he has been convicted of crimes during his youth. (M2D 29-35). Again, this is one of the most despicable and shameful arguments an attorney could ever make in the United States of America. It really deserves no response other than shame. According to counsel for Defendant Malkin, the felon class, consisting of tens of millions of Americans who have served their sentences, has no right under the law to sue for defamation or false light. According to him, the rest of society has the right under the First Amendment to defame, smear, trash, harass, stalk, bully and torment those felons with impunity simply because they are felons. Fortunately, our system of laws protects everyone equally and Maryland defamation laws do not discriminate against or make exceptions for certain classes of people. Shame on counsel for making such a profoundly elitist, immoral and indefensible argument.

I suppose the next response he files, when he most likely files a third amended complaint and we file an avalanche of motions to dismiss is to draw a series of drawings on the page, so that when you flip the pages really fast, it makes a wagging finger...



So given that it is probably about to be mooted, let me give you finally the document itself:

Monday, February 24, 2014

Judge Grimm to My Fellow RICO Defendants and I: “I Get It Already!”

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 two 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.  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.

That’s not a quote, but an interpretation of the subtext of Judge Grimm’s most recent letter order.  Yes, dear reader, if you have been following at Hogewash you have seen bits and pieces of the order.  But let me give you the whole thing and then my commentary on it, below the fold:

My Motion to Oppose Adding Twitchy as a Party to Convicted Terrorist Brett Kimberlin’s Silly 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 two 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.  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.

Well, it is Monday and thus it is time for another court document filed in Brett Kimberlin’s silly RICO suit.  Previously, Twitchy’s able counsel, Mike Smith, accused Brett Kimberlin of scheme to trick Twitchy into falsely believing they were a party when they were not.  And in the same post, I showed you Brett’s only reply at that point in time: a motion to supposedly correct the caption, which was in fact a motion for leave to amend.

Since then, Brett has filed an opposition to the motion to dismiss that accused him of criminal acts like forging a summons, but today I am going to show you the first of two oppositions to that attempt to add Twitchy as a party.  Previously, you might have seen where John Hoge had filed his own opposition.  Well, now you can see mine:

Friday, February 21, 2014

Friday Frivolity: Baghdad Blob Makes an Appearance in Convicted Terrorist Brett Kimberlin’s Silly 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 two 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.  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.

BaghdadBlob20140105

I haven’t done a Friday frivolity for a while, but really it is hard to get more frivolous than this.

Baghdad Blob is one of the nicknames I have given to adjudicated harasser Bill Schmalfeldt.  I say that because it highlights why I am convinced that he is Brett Kimberlin’s employee.  Like the Iraqi Information minister, his “analysis” and news is skewed to the point of ignoring reality.  He will continue to accuse people of misconduct at the same time he is accusing other people of doing what he claimed you did.  He is not even slightly interested in the truth.  He is interested in hurting Brett Kimberlin’s enemies.  Now, no one ever wondered if Baghdad Bob was being paid by the regime, or that being so paid, they purchased his integrity.  So why should we wonder if Baghdad Blob is being paid; the very one-sidedness of his coverage, his declaration that we are all guilty of Brett’s claims, that Brett’s suit is wonderful, even as Brett implicitly admits in court documents that he is in trouble, while declaring he will not pass on the truth or falsity of the claims in Malkin and Twitchy’s motion to dismiss, tells you all you need to know.  The man is not even putting very much effort into faking fairness and balance.

And speaking of unbalanced, we have our document of the day.  Better known as docket #63, it is a letter that Bill Schmalfeldt wrote to the court.  As John Hoge correctly said, “Some things are so ludicrous and immaterial as to not be worth a reply.”  Yes, but it is worth pointing and laughing at.

Thursday, February 20, 2014

My (Legal) Reply to Convicted Terrorist Brett Kimberlin’s Bigotry

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 two 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.  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: John Hoge has posted Brett's motion to reconsider I mention at the end, here.  And there is no need for cheese with that whine.  It is cheesy enough as it is.

So we are continuing coverage of the RICO suit.  And we are continuing to be happy warriors...

…and popcorn eaters.

As I promised, I would be dribbling out these documents on a daily basis (meaning weekdays) and I have kind of an embarrassment of riches in what to share with you.  Seriously, there are so many good filings on the part of the defendants, and so many juicily bad filings on the part of Brett Kimberlin it’s really hard to know where to begin.  But I’m going to be personal here, and share my Reply to opposition to my motion to exceed page limitations in my reply that he filed last week.  Yeah, that inept and whiny thing.  Why?  Because it is my formal, legal rebuttal to Brett Kimberlin’s grubby little attempt to appeal to disability bigotry.  And it is packed with goodness.

So without further ado, here’s my “Reply to Plaintiff’s ‘Opposition to Walker’s Motion for Leave to Exceed Page Limit and Motion to Strike.’”

Wednesday, February 19, 2014

My Motion to Dismiss Ace of Spades et. al from Convicted Terrorist Brett Kimberlin's the RICO Suit

And Coming Attractions

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 two 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.  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.

Well, dear reader, this past Friday and Tuesday has been pretty active (the court was closed on Monday).  We have had had over a dozen filings pop up in Brett Kimberlin’s silly RICO suit and yes, dear reader, some of them are pretty juicy.  For instance, in his opposition to Malkin and Twitchy’s motion to dismiss, he really seems to be figuring out that he is in trouble (although I won’t say more than that tease).  So here’s the coming attractions part that I offered in the subtitle to my piece.  I will share all of these with you, if John Hoge doesn’t beat me to the punch.  Just to sketch out briefly what I know of so far...

First, on Friday I filed a motion to dismiss Ace of Spades, Kimberlin Unmasked, Ali Akbar, National Bloggers Club and even Breitbart.com from the case.  As suggested by the title of this piece, I will post it momentarily.  And really there won’t be very much commentary, because really they kind of speak for themselves.  So that is the first thing.  It would be particularly hilarious if the court had to rename the case from being called Kimberlin v. National Bloggers Club to the second name on the list of defendants, so that would be Kimberlin v. Ali Akbar... oh, except that I am moving to dismiss Ali as well.  So...  the next one on the list whom I am not seeking to dismiss is...  Patrick Frey.  I doubt Patrick will be happy for the case to be Kimberlin v. Frey, but it will tend to highlight that he has been through this rodeo before with Nadia Naffe and really the situation can’t be helped.

Second, at the same time I filed a notice that I intended to file an opposition to his motion to change the caption on the complaint that I shared here.  Since all the document does is say, “hold up, your honor, I am about to file something” there isn’t much point in publishing it.  I mean if Brett files a silly response to it, I might then do so, but would that be too silly even for Brett Kimberlin?

I’m actually asking.  Is it?

Monday, February 17, 2014

On President’s Day, Let’s Remember Our “Psychiatrically Handicapped” Presidents

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 two 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.  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 as I mentioned previously, I try to do a yearly tribute to Dr. Martin Luther King, Jr.  I celebrate the Fourth of July, although not typically on my blog, I advocate for the idea of a national holiday to celebrate the end of slavery, and so on.  But President’s Day?  I admit I barely even notice it going by.  I think it is the combination of the vagueness of the holiday (“Celebrate all Presidents?  Even the really crummy ones like Andrew Johnson?  Or Harrison who was only president like a month anyway?”) and the generalized power worship that goes along with it that conspires in my heart to make it so that among holidays this one leaves me kind of cold.  But it is worth doing a post this year.

Why?  To make a simple point in rebuttal of one of Brett Kimberlin’s most silly, overwrought arguments in his silly, overwrought opposition to my motion for leave to exceed the page limit on replies, which I shared with you last week.  In it, he wrote that I supposedly “admittedly suffers from multiple psychiatric handicaps.”  By which he means my dyslexia, dysgraphia and ADD, which most people call “learning disabilities” or “learning differences.”

Some kind people have said that they were offended by that and its oddly gratifying to see them offended (because it shows how attitudes have changed about such disabilities), but I admit my first reaction as to chuckle at what a serious mistake he made.  Yes, it is outrageous—as much so as if he held being Jewish against a Jew—but it was also just so transparent and doomed to failure.  Really, as I drafted my reply to that motion I realized that Brett has no idea how bad a mistake he had made.  But, dear reader, I am going to have to play my cards close to my chest for now.  When I reveal what I wrote, you will hopefully see exactly why his mistake was so much more serious than you are likely to guess.  He opened doors to arguments that he is really not going to enjoy seeing, stuff I probably couldn’t have said to the court at this stage, otherwise.  And that is besides the fact that an attempted appeal to bigotry is inherently an act of bad faith.

And as I was writing my draft, I found it was useful to show the judge how normal learning disabled people were, by giving a short list of famous learning disabled people.  So I mentioned people like Albert Einstein, Thomas Edison, Whoopi Goldberg (she literally has to have her scripts read to her and she recites her lines entirely from memory), and... several presidents of the United States.  Who precisely?

Well, this guy, for one...

Thursday, February 13, 2014

My Reply to Convicted Terrorist Brett Kimberlin’s Opposition to My Motion to Dismiss His Silly 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 two 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.  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 as the snow falls on the mini-blizzard here in the D.C. area (something like 6-10 inches, which is moderately impressive for the area in my experience), I am going to finally drop on you my reply to Brett Kimberlin’s Opposition to my motion to dismiss that I filed nearly two weeks ago.  Or really, my reply to his oppositions because as I stated earlier, he has sewn all three oppositions together.  I previously shared with you his oppositions here and here.  And yesterday I showed how he apparently was extremely, extremely upset with my Reply.  So what is so horrible about it, you wonder?

Well, nothing, really.  But don’t take my word for it, judge for yourself, below the fold:

Wednesday, February 12, 2014

Convicted Perjurer Brett Kimberlin’s Silly Opposition to My Motion for Leave to Exceed Page Limitation

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 two 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.  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: This is not the first time Brett Kimberlin has, on record, demonstrated bigotry toward me.  Go here and read about the last time.

Well, dear reader, we are going to have a last minute programming change.  Yesterday, I said I would share my reply to Brett Kimberlin’s opposition to my motion to dismiss.  I also said that I wasn’t going to share my motion for a leave to exceed the page limitations.  That was my intention, but sometimes events take over and plans change.

You see, two things happened today.  First, the judge’s order granting my motion for leave to exceed the page limit was posted on PACER.  Truly, that was no big whoop or any big surprise.  Here’s the order:

Tuesday, February 11, 2014

My Motion to Strike Convicted Perjurer and Document Forger Brett Kimberlin’s Oppositions to the Motion to Dismiss

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 two 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.  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 last week, I pointed out that Michelle Malkin and Non-party Twitchy filed a motion to dismiss that included the explosive allegation that Brett Kimberlin forged a summons of Twitchy in a corrupt attempt to fool Twitchy into believing that it was a party, when it wasn’t.  And I pointed out that Brett’s only response to those allegations so far was to move to amend the pleadings to add Twitchy as a party.  And as I wrote back then:

This is in essence a motion for leave to amend, and Twitchy will have the right to oppose it.  And there are legal standards which govern whether one should be granted.  What are those standards, you might ask?  Well, hold on and you will see over the next few days.

Well, that day has arrived, for today I am going to present to you my motion to strike all three oppositions that Brett filed to the motions to dismiss (“MTD”) filed by John Hoge, DB Capital Strategies (“DBCS”), The Franklin Center (“TFC”), and I.  Previously you can see John’s MTD here and his reply to Brett’s opposition here; DBCS’ here; TFC’s motion here, and Brett’s opposition and their reply, here; and my memorandum supporting my MTD here.

And so without further ado, here’s the first of three filings I made that day, my motion to strike those oppositions:

Monday, February 10, 2014

The Feel Good Story of the Day: Terrorist Instructor Accidentally Kills Self, Students

Oh noes!  Another terrorist workplace accident!  Sadly, they are going to have to reset their “___ days without premature detonation” sign back to zero.  And by “sadly,” I mean hilariously:

Suicide Bomb Instructor Accidentally Kills Iraqi Pupils

By DURAID ADNAN

BAGHDAD — A group of Sunni militants terrorists attending a suicide bombing training class at a camp north of Baghdad were killed on Monday when their commander unwittingly conducted a demonstration with a belt that was packed with explosives, army and police officials said.

The militants terrorists belonged to a group known as the Islamic State of Iraq and Syria, or ISIS, which is fighting the Shiite-dominated army of the Iraqi government, mostly in Anbar Province. But they are also linked to bomb attacks elsewhere and other fighting that has thrown Iraq deeper into sectarian violence.

Twenty-two ISIS members were killed, and 15 were wounded, in the explosion at the camp, which is in a farming area in the northeastern province of Samara, according to the police and army officials. Stores of other explosive devices and heavy weapons were also kept there, the officials said.

Eight militants terrorists were arrested when they tried to escape, the officials said.

The militant terrorist who was conducting the training was not identified by name, but he was described by an Iraqi Army officer as a prolific recruiter who was “able to kill the bad guys for once.”

(NY Times weasel-word “militant” replaced with a more appropriate term.)  You know what they say: those who can’t, teach.  Seriously, this recruiter seems like the classic terrorist “chicken hawk:”* perfectly willing to send others to blow themselves up but not willing to do it himself, and probably chuckling to himself “sucker” every time one of them goes off.  So it’s nice to see the man who pulls the puppet strings get his, for once.

Just a Reminder: Brett Kimberlin Still Wants to Shut Us Up

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 two 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.  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.

In the last two entries I have been sharing documents from the federal case.  This time I am going to share something with you from the state case.  You see, Brett is trying to shut us up, again, based on the same busted claims he tried to use last year.  Read below the fold:

Friday, February 7, 2014

The Franklin Center Replies to Convicted Terrorist Brett Kimberlin

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 two 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.  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 the Franklin Center (“TFC”) filed a motion to dismiss Brett Kimberlin’s silly RICO suit which you can read here.  The way it works in federal court, and in most state courts, is this.  Party A files a motion.  Anyone inclined to oppose it files an opposition.  Party A then has an opportunity to file a Reply.  And it is worth noting that the opposition could be filed by people on the same side.  I could have theoretically filed and argued that it would prejudice my interests to see TFC dismissed.  That does happen in other cases, but I don’t expect it to happen here, and I know you won’t see that coming from me.  I want to see everyone out of the case as soon as possible, even if that ends up meaning I am the only one in it.

So TFC filed its motion to dismiss (“MTD”).  Brett had the right to file an opposition and after pleading he needed more time, he finally did, although he incorrectly calls it a “response.”  And so TFC got to file a reply.  And that is right below the fold:

Thursday, February 6, 2014

Coca-Cola’s Racist Super Bowl Ad

Well, it can’t be all-Kimberlin, all-the-time, can it?  Last Sunday while the Brocos were getting pantsed before the entire world, Coke ran this ad and started a controversy:

Convicted Document-Forger Brett Kimberlin’s Fraud on the Court

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.

Well, dear reader, in the last post I said that I wasn’t going to blog until I got a little more under my belt in terms of the RICO case, and so we have some catching up to do.  This will be the first in a series where I present to you various filings that have occurred in this case, in this case by Michelle Malkin and the non-party Twitchy.

And I can almost hear you, dear reader.  “Wait a minute,” you might say, “I thought Twitchy was being sued, too?  Since when are they a ‘non-party.’”  Well, I will let the able Mr. Smith explain it to you, below the fold in his memorandum in support of their motion to dismiss: