EXCLUSIVE: Did Convicted Terrorist Brett Kimberlin Confess to SWATting?

Also: My Memorandum in Support of My Motion to Dismiss

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 convicted terrorist Brett Kimberlin has been harassing me for over three 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.  Indeed, he sued me for saying this and lost on the issue of truth.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave him, and for that, he sued 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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... popcorn...

So yesterday, I shared the Complaint in Brett Kimberlin’s latest lawsuit against me and my motion to dismiss...  the second part of which was kind of a head fake, because it was just a “rump” motion to dismiss that more or less said, “I want this court to dismiss this case, and the reasons why are in this other document.”  So, naturally, you probably want to see that other document.  Of course I am not giving you, again, the massive exhibits that I have already shared (and as per usual signatures and personal information are being redacted).  Those exhibits were a huge part of it, too.  All and all, I had to deliver over 500 pages just for the exhibits.  I joked to the clerk that if they had a pool going for the largest filing of the week, she might have just won.  She told me that it actually wasn’t, they got a filing in a bucket recently, but mine was in the top ten.

In any case, here’s the memorandum, sans exhibits, below the fold:

EXCLUSIVE: Adjudicated Pedophile Brett Kimberlin’s New Lawsuit Against Pretty Much the Right Half of the Blogosphere...

...and My Motion to Dismiss

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 convicted terrorist Brett Kimberlin has been harassing me for over three 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.  Indeed, he sued me for saying this and lost on the issue of truth.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave him, and for that, he sued 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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.

Update: I see now how I was reasonably misunderstood about my publishing plans.  I plan to publish my memorandum of points and authorities tomorrow and COB, not today.  My apologies for being less than clear.

If you have been following over at Hogewash.com, you might know Brett Kimberlin has sued me, again.  As you might recall, Brett Kimberlin had previously sued me and some twenty-odd other people, websites, corporations and the like claiming that I, and people like Michelle Malkin and Stacy McCain were all in essentially organized crime in order to defame him, more or less.  The suit was beyond dumb and the opinion dismissing it can be read here, and the opinion refusing reconsideration of that dismissal can be read here.

The short version is that Brett alleged the following:

1)         RICO claims against most of the Defendants,

2)         Civil Rights Act violations against Patrick Frey (this is about the claim that somehow Patrick violated his constitutional rights by talking to the police about the SWATting committed against him),

3)         The KKK Act against most defendants (including Ali Akbar... yes, really), and

4)         Various state causes of action against most defendants.

The judge dismissed the RICO and KKK Act stuff outright.  He decided to let the Civil Rights Act stuff stand against Patrick alone.  Finally, he had discretion as to whether to allow the state law causes of action to go forward, so Judge Hazel decided against it.  So when all the dust settled, the only person in the case was Patrick Frey, for this dumb Civil Rights claim, which I believe will die at the motion for summary judgment stage.

Adjudicated Pedophile Brett Kimberlin’s Premature Appeal-ation

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 convicted terrorist Brett 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 him, 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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.

"Aren't you a little short to be a
government trooper?"

As you might guess, dear reader, I am often faced with a dilemma.  I often see Brett Kimberlin failing, and part of me wants to tell you all about it.  To point, and laugh at his failures.  It has been observed that evil is often banal, but in Brett Kimberlin’s case, it is ridiculous, too.  I mean his evil lair is not some Dr. Evil style mountain facility, but his mother’s basement.  When caught with forged documents in the past, he allegedly attempted to eat them.  And he was caught imitating a DOD official, looking like this (right).

He is evil, but he is also ridiculous.  He is “ridicu-evil,” to coin a term, so there is a desire to point out the latest example of his ridicu-evilness.

But I also have to be mindful that I am not “educating the midget” as I often say.  I mean, I have watched in real time as Brett Kimberlin has learned more and more what he is supposed to do just by reading my legal writing, as well as the writing of various other lawyers who have been involved.  As much as Team Kimberlin calls me an idiot, and similar terms, their respect for me is indicated in the most sincere form of flattery: imitation.  So I have to constantly be careful what I say to the world at large, lest I end up helping Team Kimberlin.

Evil can be banal, ridiculous,
and very, very short 

So a funny thing happened last week, but I couldn’t tell you why I thought it was funny.  I have shared it privately with friends and family, but I haven’t shared it with you, dear reader.  After all, the mantra has been “case first, blog second,” meaning that my first concern is the legal cases and letting you fine folks in on the joke has always taken a back seat to that.  Which sucks occasionally, but what can you do?

Well, at this point, Brett has failed to a point of no return.  He has filed a notice of appeal so frivolous that we wouldn’t even have to lift a finger to get it dismissed.  And he has passed a point of (financial) no return: he has paid the $500 fee for his appeal.  This man who claims to only make $19,500 a year has blown the equivalent of about a third of a month’s salary on it and now is the time to point and laugh at his failure, since it provides him no benefit to be corrected.

What am I driving at?  Well, it is a little thing the appellate courts call the “final judgment rule.”  To quote from the Fourth Circuit Court of Appeals (which is the one that would be hearing the appeal):

Judge Jones to Bill Schmalfeldt: This is Your Fourteenth Last Warning, and Pink Floyd’s Last Farewell Tour

...And Other News From Brett Kimberlin’s Brass Knuckles Reputation Management

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 convicted terrorist Brett 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 him, 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, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others 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.

"Why the young woman in this pic? She looks too young to
have even been conceived in '82...

I will keep this short because I have several things going on in life.  Of course the title is not literal: it is sarcastic.  It is hard to say which we have seen more of: “last” warnings by the courts to Bill Schmalfeldt or Rolling Stone “Farewell Tours."

Today there was a hearing in the case of Maryland v. Schmalfeldt.  As regular readers might remember, John Hoge had obtained a peace order against Schmalfeldt forbidding, among other things, any form of contact.  Well, Schmalfeldt had emailed John shortly after he revealed his wife had cancer. The facial motive was to give John advice, but 1) one has to suspect that his real reasoning is that this was a way to yank John’s chain, and 2) the order doesn’t allow for any exceptions that cover that.

Schmalfeldt did reasonably make the point that, say, if John was in danger of being hit by a falling safe, he could shout “watch out” without violating it.  Both he and the judge failed to understand they were talking about the classic defense of “necessity.”  This is very similar to self-defense and defense of others, but it is about forces of nature or similar instances where a person is not trying to hurt you, but a danger nonetheless exists.  To quote from the Maryland Court of Special Appeals:

How Freedom of Religion Acts Protect Non-Mainstream Faiths...

...The Same Way Mainstream Faiths Have Always Been Protected

Let me start by telling you a shocking thing.  I have repeatedly witnessed people, alleged Christians even, serving children as young as nine alcohol at social gatherings.  They did so in front of hundreds of witnesses, that certainly even included cops.  And no one did anything.  No one called the police, no one arrested them.  Not even me.  And why not?