The Final Failure of Adjudicated Pedophile Brett Kimberlin’s Human Shield Strategy (Part 2 of 3): My Motion to Dismiss These Criminal Charges

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.

This is the latest post in a continuing series that started here.

So yesterday, I shared with you a redacted copy of Tetyana Kimberlin’s false charges and some of my general thoughts about them.  Now, today as promised, I will share my motion to dismiss.  Well, not the actual motion to dismiss because the motion itself is just a “rump” motion to dismiss that says “please dismiss this case because of the stuff I say in my memorandum of points and authorities.”  You can see an example of this kind of motion, here.  You literally gain nothing from reading that so I am not even bothering to upload that.  So instead, what I have embedded is the Memorandum of Points and Authorities, below the fold, which give you the actual argument for why the case should be dismissed (with slight redactions of personal information):

The Final Failure of Adjudicated Pedophile Brett Kimberlin’s Human Shield Strategy (Part 1 of 3): Tetyana Kimberlin’s False Charges

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.

This is the first of a series of posts I started, here.

So the main purpose of this post is to share a redacted copy of the charges against myself and John Hoge, which were voluntarily dismissed by the state late last week.  So without further ado, here it is, below the fold:

A New Series of Posts: The Final Failure of Adjudicated Pedophile Brett Kimberlin’s Human Shield Strategy

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.

Always have plenty of popcorn when you
watch Brett Kimberlin fail...

So a few weeks back, I learned that I had been charged with a crime in Maryland again.  For those keeping track, I have now been charged with criminal conduct four times either in retaliation for constitutionally protected speech, or in an attempt to actually criminalize protected speech.  In 2012, just before Independence Day I got to tell a story I couldn’t tell because I was forbidden by a court from exercising freedom of speech.  This time, the victory is not as dramatic, but still satisfying.  Just before we celebrate our freedom, the State’s Attorney Office of Montgomery County has come to its collective senses and realized that free speech is not a crime.  In fact, they may have realized that one of Maryland’s laws is so flagrantly unconstitutional, it might be a bug and not a feature—that is, the Maryland Assembly might have made the law intentionally unconstitutional specifically so it would be struck down.

What do I mean by that?  Well, you will just have to tune in to find out.

So I plan to have three posts in a new series discussing the charges and my response.  One is about to drop today, because I won’t tease you along too badly. In that post we shall share the charges filed.  The next will be where I share my memorandum of points and authorities on why it should have been dismissed, which evidently they accepted... for some reason.  That will drop tomorrow.  And the third will be a fisking of those charges, pointing out how dishonest they actually are.  That will drop on Wednesday, or at least that is the plan.

So watch this blog, and I hope you enjoy these posts.  And I will update this post and the other two in order to link them together as they are posted, without noting the change.

And yes, you will need some popcorn.

  

Adjudicated Pedophile Brett Kimberlin’s Dumb Federal Appeal is Dismissed

The "Fail!" continues...

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 would be remiss not to mention that John Hoge is celebrating, in Klingon.

Probably some background will help make sense of this.  This is the appeal to the Fourth Circuit of his near-total loss in the RICO case that he filed against myself, Michelle Malkin, Glenn Beck, Simon and Shuster, et al, ridiculously claiming that we were all in a mafia or something.  You can read the opinion dismissing most of it, here, and you can read the opinion affirming that dismissal, here.

So Brett appealed that near-total dismissal, and I pointed out that he was engaged in premature appeal-ation here.  Go ahead, read the whole thing, and then read what the Fourth Circuit wrote, below the fold:

What I Saw Today in John Hoge’s Motion to Dismiss Adjudicated Harasser Bill Schmalfeldt Lawsuit

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 respond to some of the dumb claims put out by Schmalfeldt, below.

So as I have been noting recently, it is admittedly hard to keep track of the all the lawsuits filed by Team Kimberlin. In this case, we are dealing with a case filed by Bill Schmalfeldt, who described himself as Brett Kimberlin’s “friend” and also described himself as literally demented—as in, diagnosed with dementia—and the courts have repeatedly found to be a harasser.  The case was filed against John Hoge, Eric Johnson (who frequently comments at various blogs on the subject), and the anonymous writers known as Paul Krendler and Howard Earl.

In it he claimed that these men had harassed him (which is not a tort), had defamed him and put him in a false light, maliciously prosecuted, conspired (also not a tort), tortious interfered with his business, and committed intentional infliction of emotional distress against him.  You can read the complaint, such as it is, here.  John filed two motions to dismiss.  First he moved to dismiss for failure to state a claim, which you can read here.  And Schmalfeldt opposed that, which you can read, here.  I recommend you read it just to marvel at just how often Schmalfeldt shoots himself in the foot.  It will be important as you read this post.  And John’s reply on that issue can be read, here.  That is one motion to dismiss.  The other motion to dismiss is for venue.  His motion can be read, here, and his reply can be read here.  Schmalfeldt opposed, but it didn’t have much of anything there.  You can hunt around John’s Scribd account to find it if you really want to read it, here.  And incidentally, Schmalfeldt handed in a stunningly idiotic reply to John’s reply, and motion to strike, which you can read here.

Three More Responses to Convicted Terrorist 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 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.

Premature appeal-ation? (snicker) Don't worry, lots of guys 
have this problem... (snicker)

So, first, dear reader, if all these legal comings and goings are confusing to you, let me suggest you go back to this post and read what it says.  I provide a pretty good summary of where we are.

So today we are talking about the appeal of the federal lawsuit where Brett Kimberlin claims that me and about half the right blogosphere is in either a mafia or a klu klux klan against him.  Brett filed an informal brief seeking appeal.  As I have explained before, this is a special process for all pro ses filing in the Fourth Circuit.  First, you do a round of informal briefing, and then they decide if the case merits the full, formal briefs.  The idea is to save the other parties money, if the appeal is doomed on its face... like this one, because the Fourth Circuit doesn't have jurisdiction at this point.

So I filed a response immediately and John Hoge filed his shortly thereafter.  I am honestly not sure how many more I will see roll in, too, because I think they have pretty much said it.  But tonight we got three more.

So first up, below the fold, is the informal response for Glenn Beck, the Blaze and Mercury Arts Radio (basically companies Beck is affiliated with):