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.
I hinted at
this
yesterday
and since this hinged on the passage of time, there was little question I could
deliver as promised.
It probably
takes a moment to make sure we are on the same page. In relation to the most recent few posts,
here is what is happening in court...
Brett sued me
and pretty much the right half of the blogosphere in federal court claiming we
were in a massive RICO enterprise against him—more or less a “mafia” against
him. Besides claims based on the
Racketeer Influenced and Corrupt Organizations Act (which is what “RICO” stands
for), he claimed that Patrick “Patterico” Frey violated the Civil Rights Act of
1866, that most of us violated the Ku Klux Klan Act, as well as various state
law claims. The U.S. District Court dismissed
outright the RICO and KKK Act claims, in a pair of opinions you can read
here
and
here. The court (wrongly, in my opinion) found that
the Civil Rights Act claims could survive the motion to dismiss. And for reasons more complicated than they
were interesting, the court had a choice whether to continue with the state
claims, and it chose not to, saying:
Thus,
the Court will decline to exercise supplemental jurisdiction over Kimberlin's
state law claims and will dismiss those counts (Counts IV, V, VI, VII, VIII,
IX, X) without prejudice to Kimberlin's right to re-file in state court, should
he so choose, and should those claims not be barred under principles of res
judicata and/or collateral estoppel.
That last bit,
referring to res judicata seems most directly to be referring to my filings
which argued that the suit shouldn’t have been brought at all, because he
already had his day in court and lost.
Ignoring that
warning that he shouldn’t file if the suit is barred by res judicata, Brett
filed a new state case based on all those state causes of action and adding a
few more silly invasion of privacy claims.
That case is being heard in the Montgomery County (Maryland) Circuit
Court.
Meanwhile, he
appealed the near-total loss in federal court, only on the federal issues
raised. That is being heard in the
Fourth (U.S.) Circuit Court of Appeals.
You see, in case you didn’t know this, the Federal Government has
divided America into several different “circuits” where the circuit courts sit
as intermediate courts of appeals between the trial courts (district courts),
and the Supreme Court. Here’s a map of
those circuits:
By the way,
you will notice a tiny yellow square in the middle of the Fourth Circuit (on
the east coast). That is the D.C.
Circuit, which is kind of a special case in our legal system given that it
deals with issues related to the capital.
It is literally the smallest but arguably the most important.
You can read
his dumb “informal brief”
here,
and my response to it,
here. And while all of this is happening in the 4
th
Circuit, and the Montgomery County Circuit Court, the original federal case,
now rechristened
Kimberlin v. Frey,
is apparently proceeding into discovery, which is why I was able to files
something in that case that I shared with you yesterday.
Further, while
all that is happening in Federal Court, I was also seeking dismissal of the new
state court case. You can read my motion
to dismiss,
here. You can read his motion to strike my motion
to dismiss,
here. You can read my opposition to that motion to
strike,
here,
and my motion to strike his motion to strike,
here. And you can read his opposition to my motion
to dismiss... um... (
looking through my papers)…
|
Holy crap! He didn't even file an
opposition? He's such a loser! |
...say, wait a
minute! There is no opposition!
Which is me
being cheeky and colorful, but there you go.
Humor aside, I
waited a week, giving time for the filing system to work and when it was clear
that 1) they had nothing from him and 2) I had received nothing in the mail, I
wrote this document up and sent it to them on Saturday: