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.

Last time we saw me filing a motion to dismiss in the RICO suit.  I said that other things were happening, and blogging would be light and that is indeed the case.  For one, we have filed three more motions for summary judgment in the state case, which will be heard on August 7, 2014, approximately four days before the trial is supposedly going to begin.  I won’t be sharing those motions at this time because my attorney wants radio silence, but...  let me just say that the law is clearly on our side on this.  Which unfortunately in Maryland is no guarantee that we will win.  Brett has also gotten a hearing on his silly preliminary injunction motion, which has to be the most pointless thing ever, given that he will have the trial four days later, but it gave us a chance to schedule the motion for summary judgment hearing before the trial, so there is that.  Thanks Brett!

Brett has also filed a motion to declare the people he is accusing of being KimberlinUnmasked served.  I won’t comment more on that seeing that I was at one time the attorney for one or more of the real person or persons who is KimberlinUnmasked.

Meanwhile in the federal case, Brett filed three letters.  As you might recall under the case management order you are supposed to ask permission to file a motion.  Instead Brett just filed the motions he wanted to and called them letters.  Last time, they were returned summarily.  This time, he unfortunately got some success.

The letters, which I will upload eventually, basically asked for three things.  First, he asked for a massive delay before he would have to respond to the motions to dismiss: all the way to October 15, 2014, which you might recognize as the one year anniversary of this dumb case being filed.  Second, he asked for us to be forced into mediation.  Third, he wanted a hearing on his motion to identify Ace of Spades.  Ace’s attorney, Paul Levy wrote a quick response to that, saying he is amenable to a hearing, and opposing mediation.  I wrote a letter opposing the delay.  And Ron Coleman, who represents Mandy Nagy and Patrick Frey, wrote a letter asking for a delay of their own.

The judge ruled on all of this today.  Read for yourself, and/or read my summary:

   ECF 162 Letter Order of 7.18.14

First, in regards to Ace, the judge picked a very odd course.  On one hand, he is saying Brett can serve Ace through his attorney, Paul Levy.  On the other hand, he isn’t technically ordering that Ace’s name be revealed.  So I think in theory Levy could file a motion to dismiss that maintains Ace’s anonymity and even resist giving discovery that reveals Ace’s name.  Or Levy might seek an interlocutory appeal.  We shall see what Levy and Ace decide to do next.

Second, we have the issue of Brett’s extension and he got it, but with a huge caveat: he only gets one opposition.  For all of us.  The judge also gave him the right to file a longer opposition—normally he is limited to twenty-five pages—but still he will now have to answer all of our arguments in fifty pages or less.  And he granted all of us who have filed a motion to dismiss—or in Coleman’s case, those who will file one—an entire month to file our various replies.  I won’t lie and say I am not irritated that this case will be guaranteed to go on for longer than a year, but him being limited to one response is a nice surprise.

Third, Coleman got his extension for Mandy and Patrick, and Brett will have to respond to theirs in his omnibus response.

Fourth, the judge denied Brett’s request to force us into ADR or mediation.  Brett’s letter, which I will upload as soon as possible, was intentionally vague about which defendants are willing to settle.  Bluntly, I think Brett is lying to the court in an effort to sow division among the defendants.  And I suspect at this point, no one is been fooled.  That may even include the judge who picked up on Brett’s vagueness, and decided to give his story very little credit.

And that is the substance of it.  But there is a point I picked up after I came back to the ruling.  I totally glossed over it the first time.  I am talking about footnote #2.  The first time I read it, my mind was like...

² The Court would like to emphasize, of course, that the parties are free to – and indeed, encouraged to – pursue their own independent settlement negotiations without formal referral to a blah, blah, blah usual platitudes about the court’s desire to see a settlement in all cases so it can clear its docket.

...with the italics being the moment when I assumed I knew what the judge was about to say and stopped really reading.  Lawyers learn to do this, especially with those long complicated citations shoved in the middle of a sentence.  But we also learn to look twice, in case there is a nugget in the middle, and in this case there was.  Here’s the actual, full footnote:

² The Court would like to emphasize, of course, that the parties are free to – and indeed, encouraged to – pursue their own independent settlement negotiations without formal referral to a magistrate judge. Furthermore, if, as Plaintiff contends, there are Defendants in this action that simply “got caught up in something they were not fully aware of,” the Court would encourage Plaintiff to voluntarily dismiss those Defendants from this action. ECF No. 153.

(Emphasis added.)  The first part is the usual expression of the court’s preference for settlement.  This is how any court feels as an institution regardless of the merits of a case.  But the second half of that paragraph is where the judge is saying, in other words, “Brett, you just admitted to me that there is no case against many of the Defendants.  Therefore as an act of good faith, you should dismiss them.”

That might be more significant than it would seem.  One question that has plagued us is, when the judge is lenient on Brett is it because the judge is sympathizing or just being lenient in general?  Or is the judge creating a situation where when he drops the hammer on Brett, Brett will have no grounds for any appeal.  Reading tea leaves is not exactly a science, but I read this as the judge recognizing that the case is just plain bogus and indeed being carried out in bad faith.  So while it is annoying to see the case dragged out until at least November (when we would be required to reply), this is a hopeful sign that the judge does indeed see what a dog this case truly is.

In any case, make sure when you are making your Halloween candy purchases to buy a lot of popcorn.  Justice is delayed, but it is still coming.

And we still have the fun in the beginning of August.  I look forward to the day when I can declare that as a matter of law, it is not defamation to call Brett Kimberlin a pedophile.

Update: So family is out of the way for the evening.  Here’s the rest of the documents I promised you.  First, we have Brett’s trio of letters.  You will notice they are out of order.  As a simple way of redacting his personal information, I literally cut off the bottom of each page, and it seemed to make sense to sort them by length, rather than ECF number.  I know somehow you will soldier on.

   Brett Kimberlin's Correspondence

Next up, we get Levy’s reply on the issue.  I thought it was particularly effective on mediation.

   Levy Letter About Hearing and Mediation

Next we get my response.  I thought it was pretty good, but the judge valued judicial economy more.  I can understand that.

   Walker Letter to Hazel03

And finally, we have Ron Coleman’s letter.

   Letter from Coleman

And that brings us up to the judge’s order today, which you already saw.  We shall see what develops.  But I will say this.  His case will inevitably crash.  John Adams once said that facts are stubborn things.  You can get pretty far on bull, but at some point the facts stubbornly endure.

And so do I.

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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.

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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.