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 4th
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:
As per usual, I
cut out the full signature block and several certificates that you are unlikely
to care about. Admittedly, it is not
particularly long or complicated, but it gets across what I think needs to be
said.
Incidentally,
it has appeared on the electronic docket today, so there is no question that 1)
they have it, and 2) Brett filed nothing in the meantime.
Anyway, I hope
you enjoy it. And stay tuned for the
latest developments. And always have
popcorn available.
---------------------------------------
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.
---------------------------------------
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.
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