Judge Hazel Calls Bull on Convicted Perjurer Brett Kimberlin

And Other Developments in the Silly RICO Case

Always enjoy fresh popcorn
while watching vexatious
litigants get bench-slapped!

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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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, again, we have some catching up to do.  Last week Lynn Thomas and Peter Malone made an appearance in the KimberlinUnmasked copyright case pointing out that Brett forged some more documents, which I blogged about, here.

Well, that got Brett into full stompy-foot mode.  Every now and then he files a motion that I read almost as like a “primal scream.”  I mean it is the kind of stuff that one might write in an email if annoyed and hit send imprudently,* but if you had to go to the trouble of printing it out and delivering it to the court or to a mailbox, you would probably think twice about it.

And we got three of them.  First, in the Copyright case, via Hogewash, we see a filing he made to sanction Thomas and Malone.

In Convicted Document-Forger Brett Kimberlin’s Frivolous Copyright Suit, Lynn Thomas and Peter Malone Pay Mike Smith the Ultimate Compliment

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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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.

Always have lots of popcorn
while watching a copyright
troll midget get slapped down!

Update: As promised, below I have embedded the Motion for Default that prompted Thomas and Malone’s reply.

Well, let’s play a little catch up, shall we?  One part of the story of Brett’s ongoing lawfare that has been neglected is the third suit he has filed, a patently bogus copyright action, also in Federal Court.  Originally it was against “KimberlinUnmasked” ("KU”) the writer or writers of the now-defunct blog and not-defunct twitter account dedicated to unmasking Brett Kimberlin.  He has named who he claims is this person or persons in all three suits.

(Now is a good time to add a disclosure.  I have been in communication with one or more people who claim they write as KimberlinUnmasked.  We have in the past entered into an attorney-client relationship (pro-bono).  As you might imagine, then, I know more than I can say.  And you might reasonably wonder if that representation leads to bias in his/her/their favor.  I would like to think not, but I report, you decide.)

And yes, the copyright suit is bogus.  For instance, here’s a line from the current complaint:

Letter Order A Mixed Bag in Convicted Terrorist Brett Kimberlin’s Silly RICO Suit (Updated with All Documents)

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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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.

Mmm...  popocorn is good
when reading Aaron's blog

Update: As promised, I have added additional documents below.  Enjoy!

Usually, dear reader, when I write these things I want to put all the pieces into place into one cohesive package.  I recognize that I am just a guy on the internet.  I know I have integrity and I tell the truth, but how do you know this, dear reader?  You don’t, that’s how.  So, when I do original reporting, I “show you my work” as much as possible.  I share the original documents, recordings, videos, even right in the piece.  That way I minimize as much as possible how much you have to “take my word for it.”

And I will with this latest reportage.  Eventually.  But this time much of the source documents will not be in this post.  The whys of this will have to be left to another time, but I have family coming over in a bit and that will reduce my time to report.  So in other words, instead of showing you what has been filed, I am going to tell you what has been filed.  And then at some point in the future, JohnHoge (check his site often) or I will add the original documents so you can see for yourself.

My (Revised) Motion to Dismiss 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  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.

Always keep popcorn on hand
when dealing with RICO madness!

Well, dear reader, as you know I have been on blogging hiatus as I worked on documents for court, primarily among them my revised motion to dismiss, which I am sharing with you, now.

As you may recall the last time I shared Judge Hazel’s order that Brett will be allowed to amend his complaint.  One thing I held back from my analysis last time was what I thought of this line from the judge’s order: “Defendants are free to renew their motions to dismiss by separate filing, or, to the extent they wish to revise their previously filed motions to dismiss, they may do so.”  I read that as an invitation to do one of two things.  The first is to file a short motion to dismiss that merely said, “for the reasons stated previously (see documents x, y and z) we hereby move to dismiss,” or to file the same motion, but revised.  Or, certainly we could file a completely new motion.  And, maybe we could file a motion that says “for all the reasons stated previously (see old documents) and now the new reasons in this new memorandum, please dismiss the case.”

But I also see the judge as taking the attitude of wanting to start the new case from scratch and a wise lawyer tries to heed the unstated desires of a judge as much as the stated ones.  So giving the judge a document that says “go back and read these previous documents” didn’t seem like the best approach.  So as much as possible I decided to avoid that.  Now, on the other hand, to pretend nothing happened in the case before today only benefits the unscrupulous, so you will see where I necessarily reference earlier documents.  But still the idea is that for the most part the judge will be able to read one document, in isolation, to see why he must dismiss the whole case.  Update: I will add that this shouldn't imply that you are mostly reading the same document.  I would say that around 60% of it is wholly new, and 40% from the original.  Sorry if that makes it less interesting but there are only so many different ways to say the same thing.

Since the judge allowed that amendment, we have seen motions to dismiss from 1) Twitchy and Michelle Malkin; 2) Erick Erickson, Redstate, James O’Keefe and Simon and Shuster; 3) Glenn Beck, the Blaze and Mercury Radio Arts; DB Capital Strategies; and John Hoge.  And now you are getting mine.

So I am giving you two documents, technically, below the fold.  The first is the “rump” motion to dismiss that basically says “for the reasons stated in the attached memorandum, please dismiss this dead dog of a case.”  Here’s that “rump:”