Transcribing the Trial of Brett Kimberlin v. Walker et. al (Part 3)

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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.

It's always more fun to watch
freedom prevail with popcorn!

This is continuing a series I began with this post and continued with this post.

And like the last two times, I am going to start off by asking for your help in paying for the real, full transcript from this week’s proceedings by donating to Bomber Sues Bloggers!  You aren’t reading the whole story.  I don’t have the energy to transcribe all of it, or even most of it.  I am hitting on a few specific highlights, but there’s a lot more to be read here.  If you want to see the whole thing (except for a few redactions), then donate!

And bluntly, we need this transcript, so we can present it in the RICO case.  It will hopefully give us collateral estoppel on numerous issues, especially the ones where he is seeking a preliminary injunction against us, since the primary argument is that we have been calling him a pedophile.  Under collateral estoppel, the court will say “you had your day in court, and we are not litigating these issues twice.”  It might help us dismiss all or part of the action.

Blegging out of the way, let’s continue.  And if you need any background, I suggest you go to the first post in this series, here.

Last time I promised we’d get to my testimony, and we will.  But look this is almost like live blogging, and I forgot that we had a real revelation in the next bench conference.  First, Brett announced his first witness was going to be his eldest daughter.  So our attorney objected (because she had nothing relevant to say and it was a blatant ploy for sympathy).  Judge Johnson, meanwhile, just didn’t want a fifteen year old girl in the middle of it.  That results in this exchange:

Court:              What’s her testimony?  Is that that little girl?  [A.W.: Brett’s youngest was in the courtroom.  The oldest, whom Brett wanted on the witness stand, was outside.]

Ostronic:         Not that little girl but another girl.

Court:              You... she’s not a party in this case.

Kimberlin:       She’s not a party, she’s a witness.

Court:              To what that they did?

Kimberlin:       That they harmed me and my family and she’s, you know, I ask you to give me a chance to make that [unintelligible]

Court:              But she can’t testify what?  Her school and all?  That is not relevant.

Kimberlin:       She can testify that I’m not a pedophile.  She can testify that...

Court:              How can...?  She can testify that you never did anything to her.

Kimberlin:       Or anyone she knows.

Court:              Or anyone that she knows.

Ostronic:         I will stipulate that he never did anything to her.  We’ll stipulate to that.

Kimberlin:       No.  I want her... I want the harm, there’s harm… these people… this jury needs to know the harm that this has caused my family.

For those that are not lawyers, to stipulate means to admit a fact as a matter of law.  It means the jury would have been told that the parties agreed as a matter of fact and law that Brett never touched his daughter—the only actual relevance that her testimony might have.  That meant her testimony was not needed, technically.  But that was not good enough for Brett, because his passion play was more important to him than the welfare of his children.

A few minutes later, the court talked to Brett about whether his daughter’s denials were sufficient:

Court:              If these individuals said that you’re, that you’re a pedophile, the best person to testify about that is you.  To put your 15 year old daughter, talk about, talk about harm, put a 15 year old kid in a courtroom in front of a jury and ask her questions about pedophilia?

As I have said, the judge all but called this child abuse.  Seriously, you do not hear how annoyed Judge Johnson is at his insistence that he put her on the stand.

Transcribing the Trial of Brett Kimberlin v. Walker et. al (Part 2)

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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 enjoy popcorn while
reading about how Brett
Kimberlin's shuttupery failed.

This is continuing a series I began with this post.

And like last time, I am going to start off by asking for your help in paying for the real, full transcript from this week’s proceedings by donating to Bomber Sues Bloggers!  While I am transcribing some of it, my plan is to leave out large parts of it if only because it is too much work.  If you want to see the whole thing (except for a few redactions), then donate!

And bluntly, we need this transcript, so we can present it in the RICO case.  It will hopefully give us collateral estoppel on numerous issues, especially the ones where he is seeking a preliminary injunction against us, since the primary argument is that we have been calling him a pedophile.  Under collateral estoppel, the court will say “you had your day in court, and we are not litigating these issues twice.”  It might help us dismiss all or part of the action.

Blegging out of the way, let’s continue.  And if you need any background, I suggest you go to the first post in this series, here.

So I am jumping over the entire process of voir dire, which is more or less jury selection, and I am not going to go over again the evidentiary rulings that he made.  I think I adequately explained it, here.  But at the end of a long day of jury selection and ruling on the potential exclusion of evidence, Judge Johnson said this:

Court:              Is there any other ticking time— Well, that’s wrong. [Laughter in the courtroom]  Are there any issues remaining out there that will come up that you can envision.

Transcribing the Trial of Brett Kimberlin v. Walker et. al (Part 1)

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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.

Make some popcorn and how
about kick a few bucks over
to Bomber Sues Bloggers, eh?

Now as has been my tradition in the last few posts, I am going to start off by asking for your help in paying for the real, full transcript from this week’s proceedings by donating to Bomber Sues Bloggers!  While I am about to transcribe some of it, my plan is to leave out large parts of it.  If you want to see the whole thing (except for a few redactions), then donate!

And bluntly, we need this transcript, so we can present it in the RICO case.  It will hopefully give us collateral estoppel on numerous issues, especially the ones where he is seeking a preliminary injunction against us, since the primary argument is that we have been calling him a pedophile.

Blegging out of the way, this post begins a new series of posts where I will share some highlights from the court earlier this week.

By way of background, Brett had sued myself, Robert Stacy McCain, Ali Akbar, William J. J. Hoge, Lynn Thomas and Peter Malone for a number of causes of action including harassment, stalking, malicious prosecution, abuse of process, intentional infliction of emotional distress, defamation and false light invasion of privacy.  Thomas and Malone are two of the people Brett accuses of being the online persona known as KimberlinUnmasked.  Now not all of that was on trial this week.  First, Thomas and Malone were not directly on trial because Brett has had trouble serving them.  With this loss, the case against them should close as a matter of course, because of collateral estoppel, but they were not directly on trial.  Meanwhile, every cause of action was dismissed except defamation and false light on a motion for summary judgment.  That is a finding on the merits that no one had committed any of those torts—indeed in the case of harassment and stalking it was decided they are not torts at all.  So the trial on Monday and Tuesday was to figure out if I, McCain, Akbar, or Hoge committed defamation or false light against Brett Kimberlin.

As an overview, day one was mainly about picking a jury and day two was the meat of the matter.  But that is not to say nothing interesting happened on day one, but there you go.

A Legal Note: Brett Kimberlin is an Adjudicated Pedophile the Same Way the Amityville Horror House is Haunted

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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.

Donate to BomberSuesBloggers
and enjoy a big box of popcorn!

First, let me bring up, again, my plea to you to donate to Bomber Sues Bloggers.  As you know, we won in the Maryland State Court and we have ordered the transcript.  It is going to cost $880 to get it, total, with us having deposited the majority of that money already.  And of course the trial audio cost money, too.  And while we can’t play the audio for you (due to a standing court order pertaining to all audio), we will publish the transcript.  So if you want to read all of it, donate to Bomber Sues Bloggers!

It is totally Popcorn-Worthy!^®

Blegging aside, a number of legally inclined types have written asking me exactly how I draw the conclusion that Brett Kimberlin is an “adjudicated pedophile,” as the title of my last post suggests.  Now, first, admittedly I chose that title in part to parallel the language I used in another post called “Brett Kimberlin is a Pedophile” which was found not to be defamatory last Tuesday.  There, I announced that I had drawn that conclusion that he was a pedophile based on a number of piece of evidence that I shared with you.  But, you might ask, all that was found is that he failed to prove it was false.  Is that the same as saying it is true?

In my legal opinion, yes.  To make this point, let me share with you another case, Stambovsky v. Ackley (1991).  It is a boring case involving the sale of real estate without proper disclosures.  What did they fail to disclose?  Some termites?  Some chipped paint?  Ah, well, no, not exactly.  They didn’t tell the new owners that the house was kind of famous:

Brett Kimberlin is an Adjudicated Pedophile

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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 was actually cited as
evidence of my supposedly
evil intent.  I am not joking

Update: Thanks to all the nice people who pointed out the very bad typo in the original version of the post.  As Murphy's law had it, I was at breakfast and my home internet was down when I first realized the error, so I asked a friend to borrow my login credentials and fix it and I am thankful for him for doing so.

Tuesday in Maryland free speech won and Brett Kimberlin lost.  And so did the safety of children.  I have not blogged about the case as much because our able attorney, Patrick Ostronic, Esq., did ask us not to publish much of the documents, as an application of the Napoleonic principle of not interfering with one’s enemy while they are making a mistake.  As the mantra has been for a while: case first, blog second.

And before I get further in it, let me do a bleg.  After our victory in Maryland, we need a transcript of the trial.  It is going to cost an estimated $880 to get it.  We have ordered it, and Bomber Sues Bloggers, our defense fund is willing to pay for it, but we need the money to fully pay for it.  So please donate to Blogger Sues Bloggers today and if you do, I promise we will share a copy with you!

(Though we reserve the right to redact some information to protect the innocent.)

So let’s play a little catch up.  At this point, the case was about defamation and false light, essentially the claim that we have been saying false things about Kimberlin.  While there are technically six defendants in the case, the trial was only between Brett as the plaintiff and myself, John Hoge, Stacy McCain and Ali Akbar.  The other two defendants, whom Brett accused of being KimberlinUnmasked, was Lynn Thomas and Peter Malone.  They are father and daughter.  If we lost they would be tried later.  Now, it appears that the case against them should go away on collateral estoppel.

BREAKING: Judge Hazel Issues a String of Denials in Convicted Terrorist Brett Kimberlin’s Silly RICO Suit

And Great Minds Think Alike...

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 Kimberlin has been harassing me for over two 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.  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 is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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 probably going into Brett's
latest filing/butthurt report.

Admittedly, this will not be the most thunderous of news in the case, but still let me go over the latest “dispatches from the front.”

Yesterday, as John reported over at Hogewash, Brett filed another spate of filings.  As you might remember, last time Judge Hazel gave Brett the right to seek a preliminary injunction to try to silence us, again.  Mind you, that is only the right to ask and I think in time the judge will realize this entire thing was a waste of time.  So his first filing was to say to the court, “gee, your honor, can I have more time to file my response?  I kinda have this vacation coming and...”

You cannot make this stuff up, folks:

Judge Hazel Calls Bull on Convicted Perjurer Brett Kimberlin

And Other Developments in the Silly RICO Case

Always enjoy fresh popcorn
while watching vexatious
litigants get bench-slapped!

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 Kimberlin has been harassing me for over two 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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.

So, again, we have some catching up to do.  Last week Lynn Thomas and Peter Malone made an appearance in the KimberlinUnmasked copyright case pointing out that Brett forged some more documents, which I blogged about, here.

Well, that got Brett into full stompy-foot mode.  Every now and then he files a motion that I read almost as like a “primal scream.”  I mean it is the kind of stuff that one might write in an email if annoyed and hit send imprudently,* but if you had to go to the trouble of printing it out and delivering it to the court or to a mailbox, you would probably think twice about it.

And we got three of them.  First, in the Copyright case, via Hogewash, we see a filing he made to sanction Thomas and Malone.

In Convicted Document-Forger Brett Kimberlin’s Frivolous Copyright Suit, Lynn Thomas and Peter Malone Pay Mike Smith the Ultimate Compliment

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 Kimberlin has been harassing me for over two 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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 lots of popcorn
while watching a copyright
troll midget get slapped down!

Update: As promised, below I have embedded the Motion for Default that prompted Thomas and Malone’s reply.

Well, let’s play a little catch up, shall we?  One part of the story of Brett’s ongoing lawfare that has been neglected is the third suit he has filed, a patently bogus copyright action, also in Federal Court.  Originally it was against “KimberlinUnmasked” ("KU”) the writer or writers of the now-defunct blog and not-defunct twitter account dedicated to unmasking Brett Kimberlin.  He has named who he claims is this person or persons in all three suits.

(Now is a good time to add a disclosure.  I have been in communication with one or more people who claim they write as KimberlinUnmasked.  We have in the past entered into an attorney-client relationship (pro-bono).  As you might imagine, then, I know more than I can say.  And you might reasonably wonder if that representation leads to bias in his/her/their favor.  I would like to think not, but I report, you decide.)

And yes, the copyright suit is bogus.  For instance, here’s a line from the current complaint:

Letter Order A Mixed Bag in Convicted Terrorist Brett Kimberlin’s Silly RICO Suit (Updated with All Documents)

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 Kimberlin has been harassing me for over two 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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.

Mmm...  popocorn is good
when reading Aaron's blog

Update: As promised, I have added additional documents below.  Enjoy!

Usually, dear reader, when I write these things I want to put all the pieces into place into one cohesive package.  I recognize that I am just a guy on the internet.  I know I have integrity and I tell the truth, but how do you know this, dear reader?  You don’t, that’s how.  So, when I do original reporting, I “show you my work” as much as possible.  I share the original documents, recordings, videos, even right in the piece.  That way I minimize as much as possible how much you have to “take my word for it.”

And I will with this latest reportage.  Eventually.  But this time much of the source documents will not be in this post.  The whys of this will have to be left to another time, but I have family coming over in a bit and that will reduce my time to report.  So in other words, instead of showing you what has been filed, I am going to tell you what has been filed.  And then at some point in the future, JohnHoge (check his site often) or I will add the original documents so you can see for yourself.

My (Revised) Motion to Dismiss Convicted Terrorist Brett Kimberlin’s Silly RICO Suit

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 Kimberlin has been harassing me for over two 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.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave her, and for that, he is suing 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, James O’Keefe III, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  Simon and Shuster 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 keep popcorn on hand
when dealing with RICO madness!

Well, dear reader, as you know I have been on blogging hiatus as I worked on documents for court, primarily among them my revised motion to dismiss, which I am sharing with you, now.

As you may recall the last time I shared Judge Hazel’s order that Brett will be allowed to amend his complaint.  One thing I held back from my analysis last time was what I thought of this line from the judge’s order: “Defendants are free to renew their motions to dismiss by separate filing, or, to the extent they wish to revise their previously filed motions to dismiss, they may do so.”  I read that as an invitation to do one of two things.  The first is to file a short motion to dismiss that merely said, “for the reasons stated previously (see documents x, y and z) we hereby move to dismiss,” or to file the same motion, but revised.  Or, certainly we could file a completely new motion.  And, maybe we could file a motion that says “for all the reasons stated previously (see old documents) and now the new reasons in this new memorandum, please dismiss the case.”

But I also see the judge as taking the attitude of wanting to start the new case from scratch and a wise lawyer tries to heed the unstated desires of a judge as much as the stated ones.  So giving the judge a document that says “go back and read these previous documents” didn’t seem like the best approach.  So as much as possible I decided to avoid that.  Now, on the other hand, to pretend nothing happened in the case before today only benefits the unscrupulous, so you will see where I necessarily reference earlier documents.  But still the idea is that for the most part the judge will be able to read one document, in isolation, to see why he must dismiss the whole case.  Update: I will add that this shouldn't imply that you are mostly reading the same document.  I would say that around 60% of it is wholly new, and 40% from the original.  Sorry if that makes it less interesting but there are only so many different ways to say the same thing.

Since the judge allowed that amendment, we have seen motions to dismiss from 1) Twitchy and Michelle Malkin; 2) Erick Erickson, Redstate, James O’Keefe and Simon and Shuster; 3) Glenn Beck, the Blaze and Mercury Radio Arts; DB Capital Strategies; and John Hoge.  And now you are getting mine.

So I am giving you two documents, technically, below the fold.  The first is the “rump” motion to dismiss that basically says “for the reasons stated in the attached memorandum, please dismiss this dead dog of a case.”  Here’s that “rump:”