The Most Sinister Part of the Leland Yee Story...

Or: “Why Leland Yee Might Not be a Hypocrite on Guns”

So yesterday we had a lot of democrats being arrested by the Feds based on various charges.  One who stood out in particular was Leland Yee, a California State Senator.  Here’s a pretty good review of what he is being charged with:

SAN FRANCISCO -- In a stunning criminal complaint, State Sen. Leland Yee has been charged with conspiring to traffic in firearms and public corruption as part of a major FBI operation spanning the Bay Area, casting yet another cloud of corruption over the Democratic establishment in the Legislature and torpedoing Yee's aspirations for statewide office.

Yee and an intermediary allegedly met repeatedly with an undercover FBI agent, soliciting campaign contributions in exchange for setting up a deal with international arms dealers.

At their first face-to-face meeting in January, "Senator Yee explained he has known the arms dealer for a number of years and has developed a close relationship with him," an FBI affidavit says, noting Yee told the agent the arms dealer "has things that you guys want."

Read the whole thing.  And we saw different reactions.  Iowahawk (aka David Burge) mockingly referenced the media’s failure to identify the many people arrested as Democrats by referring to them as members of the “mystery party.”

Since Saturday, FBI has arrested RI's Speaker of the House, CA's #2 state senator, and Charlotte's mayor. Bad week for the #MysteryParty
— David Burge (@iowahawkblog) March 26, 2014

My Opposition to Convicted (and Admitted) Forgerer Brett Kimberlin’s Motion for Leave to Amend

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.

Admittedly after Kimberlin’s idiotic letter earlier this day, my own opposition to his attempt to amend the complaint was filed yesterday.  And it’s on PACER, so there is no reason not to share it with you good folks.

BREAKING: Convicted Terrorist Brett Kimberlin Insults Judge Grimm (Update: TheOtherMcCainalanche!)

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: McCainalanche!  Cool beans and thanks.  Be sure to check out my opposition to Kimberlin's motion for leave to amend.

Well, dear reader last week I told you about Judge Grimm’s letter order clarifying that yes, indeed, we did have the right to challenge Brett’s motion for leave to amend.  And you might have even seen that Michael Smith, counsel extraordinaire for Michelle Malkin and Twitchy, filed a brutal opposition that also included a disrespectful and ungrammatical email from Brett Kimberlin, posted over at John Hoge’s site.

You might even see that John said that he filed his own opposition but was waiting for it to appear on PACER before he would share it.  It is on PACER, so I expect him to share his motion soon—midnight tonight by the latest.  (Update: he has blogged it.)  I didn’t tell you but I had done the same and was waiting for it to be on PACER, too.  Bluntly I have been fighting migraines due to the sudden and fairly radical weather change around here and it was exhausting trying to get my opposition in time, and I wasn’t up to blogging last night.  But I will be happy to share it with you momentarily.

But first...

First, this is too good not to share.  It’s one page, but... wow.  Even for Brett Kimberlin this is pretty stupid.  You see, Brett decided to write a letter to the judge and... well its short and frankly you have to see it to believe it, below the fold:

BREAKING: New Letter Order From Judge Grimm

Judge Grimm is Inviting Us to Oppose Admitted Forgerer Brett Kimberlin's Amendment

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 let’s get the document itself out of the way, below the fold as always (so as to make it easier to view my webpage):

BREAKING: Convicted Document Forger Brett Kimberlin Admits to Forging the Twitchy Summons

Claims it was an “Honest Mistake”

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.

 

This is breaking as we speak and John Hoge has uploaded document here, but here’s the gist of it.  As you might remember, Twitchy and Michelle Malkin’s lawyer Michael Smith accused Brett Kimberlin of forging a summons for Twitchy.  Specifically of taking a summons originally meant for me, removing my name and inserting Twitchy onto it.  Brett was given until this Friday for a show cause as to why he shouldn’t be sanctioned, but he got that response in early.  So now you are reasonably caught up, here's the news...

First he admits to forging it, but claims:

When the Clerk initially sent Plaintiff 21 summons, Plaintiff spent hours compiling them with the Complaints, the envelopes and certified cards only to discover that the summons for Twitchy was missing. At the time, Plaintiff assumed that the Clerk had inadvertently forgotten to include that summons since Twitchy was named as a Defendant in the Complaint and Twitchy's address was listed in paragraph 25 of the Complaint. Therefore, Plaintiff typed the address on a summons and included it with the Complaint to Defendant Twitchy and sent it certified to that address.

Of course what he leaves out of that is the he had to erase my name from that summons and substitute Twitchy.  Which kind of undercuts his claims he didn't realize he was doing anything wrong.  He also lies toward the end saying:

Plaintiff urges this Court not to impose sanctions on Plaintiff since this was an honest mistake, he is proceeding pro se and was unaware of the proper procedure, he has learned from the mistake, he has apologized to all parties, and Defendant Twitchy was not prejudiced.

First, show of hands: how many people think that a guy who was convicted of document forgery—as we joke, he is one of the few people who know how the Presidential seal tastes like—and has been caught in three other forgeries in relation to his present litigation, did this by accident?

Also it contains a provable lie.  He has not apologized to “all parties.”  I never received any apology.  And I think if John, or Stacy McCain got an apology I would have heard from them (Update: John says he didn’t apologize to him, either).  And there might be consequences for this lie...

As for his “I’m just a dumb pro se litigant, have mercy on me,” routine, Mr. Smith pre-rebutted this in his motion to dismiss on behalf of Twitchy and Mrs. Malkin, saying:

And his pro se status is no excuse. Leaving aside that Mr. Kimberlin's ample litigation experience probably makes him more knowledgeable of the rules than many lawyers, see R.19-1, p. 1 ("I have filed over 100 lawsuits and another one will be no sweat for me"), every schoolchild knows not to take an official document, alter it, then try to pass it off as something other than what it is.

And for that matter, Judge Titus has already noted that Brett is an extremely experienced litigant who should know the ins and outs of their procedure by now as does his email to Patrick Frey.  Judge Grimm can cite that in whatever ruling he hands down.

So there you have it.  A convicted document forger admits to a new document forgery.  One can only guess what the judge will do in response to that.  And one can only guess what our criminal justice system might say as well.

And it verifies what I have said repeatedly about him.  He hasn’t reformed.  He’s the same criminal he has always been.  But then I knew that the moment he tried to frame me for a crime:

)

So why again should we consider it ridiculous to suspect him in the SWATtings?

Update: Is this the first time he has ever apologized for anything?  He certainly never apologized to the widow DeLong.  He sued her for trying to collect a lawful judgment against him.

Identity Politics Eats Itself: The Greg Abbott Edition

So we are hearing today all over twitter and the blogosphere that Progress Texas released a photoshop of Gregg Abbott, who is the Republican running for Governor of Texas, that looks like this:

Of course what is wrong here is that they are literally erasing Abbott’s disability.  They photoshopped it to look like he was standing up.  That is, they photoshopped a wheelchair-bound man to make him look like he was no longer paralyzed.

Over a Redstate, Erick Erickson asks: “Does Progress Texas have something against paraplegics?”

But respectfully, I think he is missing what is happening here.  And what he is missing is that once again identity politics is eating itself.  In order to see that, though, you need to actually see the whole flyer that this came from, before I explain what is happening in it:

Hitler Finds Out About Convicted Terrorist Brett Kimberlin’s Second Amended Complaint

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 Friday Brett released his Second Amended Complaint, and boy it was a doozy.  Now, there are presently gaps in the scan of it on PACER which I presume means that a few pages stuck together as they were scanned.  Brett hasn’t seen fit to serve it on us, yet, and there remains the possibility that the judge might refuse to accept that amendment.  But even if accepted, that new version of the complaint is full of fail, as I explained on Friday.  Yes, a great deal of work will have to be done answering this silliness, and blogging will be light as a result, but it’s important to point and laugh at the fail on display, here.

Of course not everyone is happy.  John Hoge reports signs that Team Kimberlin is worried and exclusive to this site, we have video of a Kimberlin supporter reacting when he learned about what is in the Second Amended Complaint.  I admit my German is not fluent, but I think I did a pretty good job translating in the subtitles...

In Which I Admit I was Wrong About Convicted Perjurer and 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.

Well, tonight Brett Kimberlin has filed his second amended complaint.  John has posted it, and having read it I am going to have to admit I was wrong about Brett.

No, not on the issue of him framing me for a crime, getting my wife and I fired, him being a censorious douchebag, and so on.  I wasn’t wrong to say an of those things; he richly deserve all of it.  But I was wrong in that I overestimated his competence and organizational skills.  Specifically, in my motion to strike his oppositions, I wrote:

It is common in a motion to dismiss for a defendant to catalogue the shortcomings of a complaint in the style of “the plaintiff has failed to allege X, Y and Z and therefore this claim should be dismissed.”  If leave to amend is granted, this invites an unscrupulous plaintiff to lie and simply say “now I allege X, Y and Z, too!” regardless of the truth.

But that depended on the assumption that Brett was smart enough to see the flaws in his complaint that we pointed out, to recognize what we pointed out to him, and then file a new complaint that addressed those shortcomings.  What Brett has filed tonight shows that he is not nearly that smart, or at least not that competent and organized.  So, dear reader, I apologize for my error.

Yes, dear reader, it is bad.  It is so bad that I could cut and paste most of my motion to dismiss into this with only minimal alteration and feel safe that the motion would be granted.  It is so bad that I am going to be challenged in literally finding a new way to say what I have already said.  It is that ineffectual.

How bad is it?  It is so bad that he even fouled up one of the most basic requirements of pleading.  In Federal Rule of Civil Procedure 11(a), it says:

BREAKING: Convicted Perjurer and Document Forger Brett Kimberlin Denied Motion to Extend (Update: Order Shown)

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, the hits just keep coming, don’t they?  As I said this morning, Brett’s motion for an extension of time to reply to Levy’s fairly devastating opposition to his motion for discovery of Ace’s identity was still outstanding.  Well, now it no longer is outstand: Brett  lost that motion.

In that post I imagined three different scenarios.  I am somewhat surprised to get a fourth possible outcome: a very restrained short order denying the motion.  I figured if the judge was likely to deny it that he would do so based on the fact Brett didn’t seek leave first.  Instead, he considered it “on the merits” and found that there were no merits.  I mean that literally.  From the order:

I note that the motion relies on Plaintiff’s filing of a motion to disqualify counsel, which has been stricken and returned as improperly filed under my Letter Order of February 21, 2014, ECF No. 88.  Accordingly, I find that there is no basis for an extension[.]

This lines up with what I said this morning, specifically that:

the original grounds of the extension—“I need an extension while this court considers the awesomeness of my motion to disqualify”—has had its feet cut out from under it by the fact that the motion to disqualify is no longer on the table.  And the logic of returning the motion to disqualify suggests that the motion for an extension should equally be dismissed out of hand.

It is strange for the judge to issue an order, rather than just send back the document like what happened with the motion to disqualify but the upshot is the same: Brett needs to respond to Ace’s Opposition, or leave their claims unanswered (and they were pretty devastating, including pointing out that Brett’s enemies tend to be SWATted and that he is defamation-proof).

This is also a further sign that the judge is getting sick of the case.  I frankly expected the judge to give Brett a “mulligan” and give him an extra day or two.  I am therefore surprised that the judge is starting to get harsh with Brett even if he didn’t chew him out for his double violation of the Letter Order.  One can never predict the future, but I am cautiously optimistic that the judge will get rid of this the first chance he gets, without creating an issue for appeal.

As noted by one twitter wag noted that Bill “Baghdad Blob” Schmalfeldt had unprotected his twitter account at an inopportune time:

@stephensheiko @Katiescarlet2 @AaronWorthing @wjjhoge @rsmccain @ali Funny he unprotected his acct the day Kimby gets kicked in the jimmies
— army_vet (@antvq16) March 5, 2014

And I made a correction:

To be fair, Brett was kicked in the jimmies yesterday, too @antvq16 @stephensheiko @Katiescarlet2 @wjjhoge @rsmccain @ali
— Aaron Worthing (@AaronWorthing) March 5, 2014

So that would be getting “kicked in the jimmies*” twice in one day.  Heh.

Anyway, I will post the entire thing momentarily, but really there is nothing more to it than what I just told you.

Stay tuned for any further developments.

Update: You can read the order, below the fold, for what it’s worth:

Does Convicted Bomber Brett Kimberlin Have Any Cause?

How does he eat it?

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.

I don’t meant in general, but does he have cause... to keep the judge from dismissing the RICO case against KimberlinUnmasked, Lee Stranahan, Breitbart.com, Ali Akbar and the National Bloggers Club?

Specifically the judge issued a show cause order asking why the RICO case shouldn’t be dismissed as to those parties.  You can read it below the fold.  It's not long.

My Opposition to Convicted Perjurer and Document Forger Brett Kimberlin’s Latest Attempt to Get an Anti-First-Amendment Injunction

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.

I think this finally gets us through the blizzard of documents filed a few weeks ago in the continuing legal saga of Brett Kimberlin’s attempts to abuse the courts to shut others up.  I’ll check my records later, but I believe this is the last one.

Which doesn’t mean you will necessarily be starved for documents.  Just today a new one popped up where it turns out that Brett’s motion to disqualify Paul Levy was sent back to Brett unconsidered, because it was filed without leave.  John Hoge has that document, here.

As I said in the comments at John’s blog, that activity still leaves outstanding the issue of granting an extension.  Of course the original grounds of the extension—“I need an extension while this court considers the awesomeness of my motion to disqualify”—has had its feet cut out from under it by the fact that the motion to disqualify is no longer on the table.  And the logic of returning the motion to disqualify suggests that the motion for an extension should equally be dismissed out of hand.  As I said at John’s blog (with unmarked corrections):

I can see one of 3 scenarios:

1) There is or will be another form letter or letters where Brett’s motions for extension and the other documents are returned.

2) The judge is writing a short letter opinion chewing Brett out for filing without leave, perhaps as part of the larger case management order that should be arriving any day now.

3) The judge is still going to give Brett a mulligan and give him an extra day or two to get his response to Levy in, either because a) he is willing to give Brett the benefit of the doubt [that Brett misunderstood the judge] on the leave issue, or b) he just wants to show the court of appeals he gave Brett every opportunity before dropping the hammer on him.

I am frankly unsure which of the three are about to happen.  Given that the courts typically have a pretty significant lag on Mondays, and on this past Monday there was a snow day, presumably lengthening the lag, it could be that the answer is already in the case file and it just hasn’t appeared on PACER yet.

But this post is not about the ongoing Federal RICO case, but on the lawsuit he has filed against us in state court where he claims that we hypnotized his wife, or something, into accusing him of seducing her when she was fourteen and bringing her to Maryland to repeatedly have sex with her when she was fifteen, in violation of several state and federal laws.  And once again, Brett has tried to file another injunction trying to shut us up again.

So today’s document is my attorney’s response to Brett Kimberlin’s previously posted motion for preliminary injunction.  This is mostly Mr. Ostronic’s fine work, although you can certainly see my “fingerprints” on the document, particularly obviously in the case of formatting.  Still, I will mostly let it speak for itself, below the fold:

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 we are winding down in terms of filings we are sharing.  And admittedly today’s filing is probably one of the less exciting ones.  It is more than competently written, but it is a Reply to an Opposition to a Motion to Dismiss a complaint that is probably about to be thrown in the trash by Kimberlin.  This time, it is filed by the Franklin Center, and you can read it below the fold.

Convicted Perjurer and Document Forger Brett Kimberlin Talks Back to His Former Lawyer

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, we are in the midst of another mini-blizzard in the D.C. area and for that matter, Brett Kimberlin is in the middle of producing his own miniature blizzard of paperwork.  And just like some adventurous kids on Twitter last night, Brett is trying to get more time to do his homework.  Now, last Friday I shared Brett’s laughable motion to disqualify.  In that post, I also shared how he also was trying to get an extension based on that motion to disqualify, but explained it was meritless because even if Paul Levy was disqualified as counsel (fat chance), there are two lawyers signing on to that document (the other being David Rocah of the ACLU, a nice guy) and Brett is not even challenging the qualification of the other attorney.

But Brett is not accepting that reality.  Instead, in addition to all the other fun occurrences Friday, Brett filed his Reply to Levy’s Opposition to his motion to extend, and even clocking in at just over two pages, Brett still packs in a great deal of silliness.  Without further ado, here it is:

Funny Tweet of the Night

So tonight we are getting ready for another mini-blizzard, and as usual I start to see the local twitter feeds announce one school closing after another.  And then I saw this:

Nice try, Loudoun Co. kids -- what you are retweeting is from last year. We wouldn't be surprised to hear about a closing, but have not yet.
— NBCWashington (@nbcwashington) March 3, 2014

As I interpret it, this means kinds in Loudoun Co. are trying to trick NBC Washington into thinking that their schools are officially closed, and NBC Washington just called them on it.  Of course, they are right.  A Loudoun Co. closing is probably coming if it hasn't been announced by now, but apparently it hadn't been announced just yet...

Hey, if Twitter was a thing when I was in school, I might have tried that, too!

Update: This is pretty funny, too!

.@AaronWorthing @rsmccain RT: @Conservative_VW Sorry kids, no more snow days! pic.twitter.com/35nMPXh7oH
— Truth Offends (@LiesDestroy) March 3, 2014