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):
There isn’t much to say about it, but a few notes are worth paying attention to.
First, this line made my day, as well as John’s when I spoke to him on the phone:
Appellees join in, and incorporate by reference, the other jurisdictional arguments set forth in the Informal Response Briefs of appellees Aaron Walker and William Hoge. [See 4th Cir. Dkt. No. 25 at 2-6 & No. 27 at 2-3.]
John might not be a lawyer, but I have long said he is a gifted amateur. The other thing of note is that where I argued from a logical perspective that Brett should not be given leniency due to his pro se status, they managed to find case law that I couldn’t. So good on them. I also enjoyed them saying:
Public court records indicate that Kimberlin has been a party to over 100 legal actions in Maryland state and various federal courts, and has been the plaintiff in nearly half of those cases, including in 25 federal cases.
Brett is suing us, in part, for believing him when he says he has filed over one hundred cases. Its like his stance of pedophilia: he doesn’t mind people thinking he wants to sleep with underage girls, as long as you don’t say it’s a bad thing.
Next up you have Brietbart’s, which is short but sweet. I’ll let you read it in a moment but their argument is simply this: he hasn’t appealed anything relevant to them. As they point out, Brett didn’t assert any federal cause of action against them, and since Brett is only appealing the federal causes of action, they have nothing to do with this appeal.
Anyway, if you want to read it, you can here...
...but frankly I just told you all you’d probably want to know.
Then it comes to Red State and Erick Erickson’s brief. This is a little more interesting:
Whereas most of the previous filings agreed that there was no jurisdiction for this appeal (the only exception being Breitbart which said it wasn’t in the appeal), they believe the court can hear it, and want the court to do so and grant “summary” affirmance of the decision below. In relation to Red State, they concur that the appeal doesn’t involve them and want the decision below not to hear the state causes of action affirmed. In relation to Erickson, they point out that the only thing Erickson did was express himself which is not a crime.
Which, yes, is a minor disagreement between the parties on the issue of jurisdiction. I will only say that my disagreement with them is entirely respectful and leave it at that.
Anyway, keep watching this blog as we might see more roll in in soon.
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.
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