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:”

   Walker "Rump" Motion to Dismiss

You will see a few details that might be of interest, but the real meat of it is in the next motion, the actual memorandum.

   Walker Memo in Support of MTD

I’m not going to give a lot of analysis on this for several reasons.  First, mostly it speaks for itself.  Second, to the extent that it doesn’t, I don’t want to explain to you what subtle things I am doing, because...

Don't educate the midget

...and toward that end, if you are discussing it here or anywhere else, if you get a moment of “I see what you did there, Aaron,” think before hitting the publish button.  We don’t want to help the bad guys in this.  And I am becoming very familiar with the major blind spots Brett has in the law, and, yes, I do exploit them.

In other news, as you may remember last time I told you that we had a motion for summary judgment hearing in the state case and you might have seen over at John’s place that it went very well.  Basically the judge knocked out every claim except defamation and false light and gave Brett a week to comply with discovery and you can see from the motion to dismiss that this victory might even have blowback in the RICO case.  That week expired last Thursday and Brett provided...  something.  I have been asked by my attorney not to say much about it, but John is correct to say that we believe our case is very much strengthened by his responses.  Which is a nice segue into my next topic...

You might be wondering, “so is this the end of Aaron Walker’s blog hiatus?”  Well, not quite yet.  Look, would it surprise you to learn that I am almost like “second chair” to our great pro-bono attorney in the state case?  No, it shouldn’t.  And so there is work to be done in relation to Brett’s discovery, and I will be working on that in the short term.  And then at some point Brett will respond to my motion to dismiss in the RICO case.  I am willing to bet it will be improper in some way, and then it’ll be off to the races again.  But hopefully I can get back to blogging soon, in the midst of all that.  We will see how it goes.

In any case, keep your heart light and full of courage.  Be happy warriors, folks.  And hold on to the faith that good will win out over evil.

Oh, and keep stocked up on popcorn.

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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.