...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.
But the rules also say that Brett still had 30 days to re-file those state causes of action (if they are not otherwise barred) and so that is what he did, for the most part. And exclusive to this site and for the first time, you can see that complaint, here (with the usual information redacted, of course):
Of course, if you have read the final complaint he filed in the RICO case, all of this will look familiar. It is pretty much the exact same complaint, only with the federal claims dropped out, a few defendants cut out, and this new third claim for invasion of privacy. It is so obvious that the invasion of privacy stuff was cut and pasted from another document that you can see that the numbering is different in that section, and then goes back to the usual sequence for the next part. I honestly don’t remember which document he might have been drawing from, because he has been hocking his bogus invasion of privacy theory in many different settings.
And, of course, he didn’t do a perfect job cutting what he needed to. For instance, most of his silly and false accusations that this person or that “joined the RICO enterprise” was replaced with “joined the smear campaign” or something like that. But every now and then he slips. For instance, in paragraph 52, he writes:
When these Defendants agreed to and did publish the false narratives of the National Bloggers Club regarding Plaintiff and the Club's fraudulent 501(c)(3) status, they joined the RICO Enterprise. Defendant Akbar later stated that he can order bloggers in the National Bloggers Club to target people or not target people.
Yep, he is still beating that National Bloggers Club dead horse even though they have actually been granted that §501(c)(3) status, proving all claims that it was a fraud are simply false (you, dear reader, should know by now not to trust a word he writes). But the point of quoting that is to show he is still accidentally talking about RICO.
Another difference is that he deleted a lot of stuff related to defendants who are not in this case. Most of the ones not in this case have settled, but the decision not to include Stacy McCain is... interesting. I know Stacy didn’t settle, so why leave him out? It could be that Brett finally realized that Stacy didn’t write any of the things Brett was whining about and he realized it would be unethical to continue to include...
...okay, I am going to stop that line of thought right there. So, barring a sudden and out-of-character pang of honesty, my best guess is that Brett decided that something about having Stacy in the case was so unpleasant he preferred not to do let him in again.
So this cobbled together complaint... let’s just say it continues to do him very little good. And since it is so similar to his recently-mostly-dismissed RICO suit, it shouldn’t be hard to write a motion to dismiss, right?
So, I did, and filed it yesterday, and equally exclusive to this site, I present it to you now. The only difference between this and what I filed is stuff like I didn’t include my signature and the redaction of some personal information. But without further ado, here it is...
Oh, except all of that is kind of a head fake, isn’t it? Well, maybe more like a taste of what is to come. Of course the meat of it will be the memorandum of points and authorities. Hey, as I have told you on a regular basis, “case first, blog second”—as in, I never let my blogging harm these cases. Brett will probably get my entire filing tomorrow (Thursday), so at about close of business, I will share what I filed. Hopefully there will be some popcorn-worthy moments although I don’t want to over-hype it. To be blunt, given that Brett more or less filed the same document that was just dismissed, you can imagine that the majority of my writing is going to look very familiar. I would guess that about two-thirds of my memorandum is old material reworked for this new context, and that the remaining third is new stuff. But even where I was cutting and pasting stuff, you can see that I still gave things a fresh look. In short, I am saying to long-time readers, “don’t assume because a section looks similar there isn’t something new there.” On the other hand, much of what I wrote might only be interesting the law geeks such as myself.
|Always stock up before watching Brett Kimberlin fail in court!|
And of course there is something kind of funny buried in the complaint. In fact, if you read over this post you might see it. And if you don’t, I’ll hit you over the head with it before too long.
Anyway, so Brett will have to file his response in 15 days, which would be May 13, and I am likely to share his response. And you know what that means...
My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) 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.
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.
You put a big smile on my face with this and I'm hoping for a bigger one this evening.ReplyDelete
It's good to be a happy warrior ...
Best of luck, brother.ReplyDelete