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:
So several
things to note and unlike Brett, I tell the strict truth. There are two things he is sort of right
about. First, the judge didn’t say Brett
had the right to “seek to amend his complaint up until March 14, 2014.” What he said was Brett could “seek to amend
his complaint up until March 7, 2014.”
I write this as a dyslexic and consequently a natural expert on typos,
but probably this was a clerk who had a 2014 on his mind and
accidentally wrote March 14. In any case,
it was a trivial typo given that both dates had passed and it was dishonest of
Brett to pretend that this was like a fabricated quote, or something.
And it was
more than dishonest. It gave the judge a
first-hand taste of how Brett twists facts.
Often Brett will take something with a kernel of legitimacy and twist it
into something it was not. For instance,
Seth Allen really did write in an email “maybe I should murder him” (meaning
Brett). That was legitimately wrong and
Mandy Nagy was right to report him to the police. But Brett just twisted it first into a threat
(it’s not a threat if you don’t communicate to the target) and then complaining
that Patrick and I didn’t report it to the police even though Mandy told us she
was going to do that, and then told us after she did it. Why would we need to call the police when we
know someone else was doing it? So there
is a kernel of legitimacy there, but it is all twisted around.
And now Judge
Grimm is seeing first-hand how Brett does that.
An honest person wouldn’t have tried to use that typo as the basis for
pretending that the judge didn’t say it at all.
The second
thing he is sort of right about is that the judge’s February 21, 2014 Letter Order, did
really sound like the judge was giving the absolute right to amend, with the
only exception being that the judge might kick it for failure to comply with
local rules. Consider this passage from
that ruling, for instance:
Allowing
amendment of complaint therefore has been reduced to a mere academic question
insofar as “absence of prejudice, though not alone determinative, will normally
warrant granting leave to amend.” Davis v. Piper Aircraft Corp., 615 F.2d 606,
613 (4th Cir. 1980) (citation omitted). Plaintiff’s Motion to Amend will be
GRANTED....
I
do note that, though amendment of the complaint is appropriate, Twitchy has
leveled accusations of serious misconduct...
Grimm goes on
to discuss Brett’s forgery of the Twitchy summons but the key thing is that
this kind of language is why every single lawyer in this case saw the judge as
granting a motion to amend, rather than granting Brett the opportunity to seek
leave to amend. The no spin truth is
that I don’t think Judge Grimm was clarifying his stance last week so much as
changing his mind. The letter order of
February 21 was granting him leave to amend, and the letter order last week was
a silent reversal of that order. That
probably understandably dismays Brett, but what can you do. Sure, you can seek reconsideration, but
barring some kind of special circumstances that’s not likely to happen.
And by the way,
why did the judge reverse his order?
Well, there are only two events that might have changed his mind. First, Brett filed his amendment and maybe
something in it made the judge decide suddenly he wanted this case gone. And, second, Brett confessed to the forgery.
(Of course
Brett says it was not a forgery, but what do you call it when you take an
official document, delete information from it (my name and address) and then
insert new information on it (Twitchy’s information) and then pass it off as an
original? But more on that in a moment.)
And there is
no way to interpret the last line of that letter other than as a slap to Judge
Grimm’s face. It was so unreal when a
kind person on twitter shared a copy I asked him if he was punking me. It seemed unbelievable even for Brett. As one guy said on Twitter:
@embryriddlealum
@AaronWorthing
@stephensheiko
@canuckamuk
@wjjhoge @rsmccain @BomberSues I hear
judges LOVE to be corrected by pro se folks
— army_vet
(@antvq16) March
25, 2014
Really words
fail me. Brett is officially flailing in
the RICO suit now. Criticism of a judge
is okay, but being that insulting right to the judge’s face? This is not a winning move on his part.
Anyway, in a
few minutes I will get you a copy of what I filed, though I admit it can’t beat
the surrealism of this development.
I think what
this represents is how Brett doesn’t even comprehend that other people have
feelings. This fits in with his
sociopathy: sociopaths have no compassion for others, not merely in the sense
that they don’t sympathize, but they have trouble even comprehending that other
people have feelings. This is an insight
that his wife shared with me. He thinks
anyone who is upset at him must be crazy, because he can’t understand why his
behavior angers them. So he doesn’t
understand why I am still seeking justice against him because he can’t comprehend
on a basic level how I feel. Even a
small child learns the mental exercise of asking yourself “how would I feel if
that happened to me?” but Brett can’t understand this. So in his mind I must be just an obsessive,
rather than a person he has wronged who wants justice not just for the
satisfaction that it gives but to protect society from him. And all the kind people who came to my
aid? Well, they must be in it for the
money or some other evil motive, because if he can’t understand how another
person feels, he really can’t understand
how another person can understand how a person feels and out of compassion seek
to help them.
I think this
RICO suit represents, in a funhouse mirror way, how he really sees this
controversy. I think he expected us all
to turn on each other once we were called out.
And what has astonished him is how we have not panicked, not turned on
each other. Because behind the scenes
you know what we are like? Pretty much
like you see: basically good people trying to do the right thing, who are horrified
by the fact that this man is still walking a free man.
I don’t want
to say that this is some kind of priest-like altruism. There is also certainly an element of
enlightened self-interest. For instance
one of the supposedly defamatory posts that Kimberlin links to in his Second
Amended Complaint is a post at Legal Insurrection where the headline truly says
it all: “A
Brett Kimberlin Situation Could Happen to You.” So there is not only a sense of compassion
driving all the people who have helped us out over these past two years, but a
belief that if we don’t stop him, they
could be next. Which is something else
that Brett cannot comprehend. Brett
loves sowing fear but he doesn’t understand that sometimes the response to fear
is to confront its source and defeat it.
At least that
is a pet theory I have, one which fits all of the facts. In any case, his RICO suit is falling apart
and Brett doesn’t seem to understand why.
And he is lashing out.
And I am
running out of popcorn.
---------------------------------------
My wife and I have lost our jobs due to the harassment of convicted
terrorist 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.
Aaron, I think in ECF 88 the Judge was only considering Kimberlin's request (motion) to add Twitchy to the caption. Until the date of ECF 88, that was the only addition to the complaint that Kimberlin had motioned to make. The Judge approved that as reasonable, although the Judge did note that he (Kimberlin) would still be held accountable for an apparent forgery. Then he went on to say "Hey, if you want to amend about anything else, make a Motion to Amend, and I will consider it."
ReplyDeleteAgreed with oneredquilt... "Plaintiff will be permitted to amend as he stated he intends" The second half of that sentence is the crucial part... the judge would have allowed him to amend to add Twitchy because that's all BK stated he intended. He did not say "Your honor, I intend to amend to include some tinfoil black helicopter rambling about Team Themis without bothering to connect it to any of the defendants" therefore that was not pre-permitted and subject to opposition.
ReplyDelete