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):

Adjudicated Harasser Bill Schmalfeldt's "Respect For Human Life"

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.

So this morning I wake up to find this idiocy in my email inbox:

To: Aaron Worthing

From: LordofSatire

Date: Sun, May 31, 2015 at 9:15 AM

Subject: Might I ask a favor?

My wife is on her way to the hospital in an ambulance right now. Might you pass the word among your friends that a moratorium might be called for out of respect for human life? They can pick up where they left off when she dies.

Thank you.

Bill Schmalfeldt

Yes, the chutzpah of him.  First, I had warned him repeatedly that any contact was harassment and Judge Jones told him to really, really stop it.  But he can’t help himself.  So I wrote this in response, with the curse words censored out:

My Request for a Hearing or Immediate Dismissal in Adjudicated Pedophile Brett Kimberlin’s State 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.

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:

My Supplemental Letter for Sanctions in Adjudicated Pedophile Brett Kimberlin’s Case Against Patrick Frey

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.

So last week, I showed you my opposition to convicted terrorist Brett Kimberlin’s premature appeal-ation and toward the end of the piece, I dropped a big hint that something else was in the works:

[Y]ou might think, “hey, if Judge Hazel gets wind of Brett’s admission that he violated rule 11, that might cause him trouble in the case that is continuing against Patrick Frey.”

Why yes, dear reader, if you thought such a thing you would be right.  In fact, dear reader, you might wonder if anyone might call attention to that in that case by some method.  And to that I will only say this: stay tuned.  In fact, there is a good chance that if you tune in tomorrow you will be rewarded—although I cannot guarantee anything.

But I can almost certainly guarantee you will need popcorn.

Well, indeed, I could not guarantee anything, and the event that I was waiting for didn’t occur until today, after a long weekend, so I couldn’t share until today.

You see, I still have an outstanding request to file motion for sanctions in the case that once included me and around two dozen other persons and entities, but is now solely against Patrick Frey.  That request was filed jointly with Lee Stranahan, Robert Stacy McCain and John Hoge.  And it is outstanding, in the sense that Judge Hazel has neither said yes or no to it, he has simply done nothing with it.  On Thursday, I filed a letter supplementing that request, which has now appeared on PACER:

My Opposition to Adjudicated Pedophile Brett Kimberlin’s Frivolous Appeal

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.

So Monday I shared with you Brett Kimberlin’s dumb brief for an appeal.  I already had about half of my opposition written in my mind—heck, written in a post I shared with you kind people—so I was able to turn around and write my opposition very quickly.

Convicted Terrorist Brett Kimberlin’s Frivolous Appellate Brief

...And My Official Reaction to his Latest Charges

"More criminal charges? It's
like a train wreck... I can't
look away..."

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: By a mistake more complicated than it is interesting, my original uploaded document was missing page 8.  That is now fixed.

This is going to be a short post, not much here.  But first, below the fold, it appears Brett has filed something, after the deadline, in his frivolous appeal of the Federal Case:

The End 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.

"Wow, Brett is failing again."
"More popcorn, please."
"What a loser!"

So as I previewed yesterday, we had another peace order hearing today.  Ostensibly it was Brett Kimberlin’s daughter, whom I shall only identify as K., seeking the peace order, but we all know this was part of her father’s plan to abuse the courts in an attempt to silence his critics.  He was claiming that John Hoge had harassed her.

As you might recall, Brett tried this before in the District Court, only to lose in front of Judge Williams, there.  So this was the de novo appeal of that loss, which means it was basically like a whole new trial.

My Opposition to Convicted Terrorist Brett Kimberlin’s Knowingly Frivolous Motion to Strike my Motion to Dismiss

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 enjoy popcorn when I show you
how Brett Kimberlin shot himself in
foot in front of the court...

I didn’t plan it this way, but this is turning into an embarrassment of riches this week in the latest lawsuit Brett Kimberlin has filed against me.  Yesterday, I shared with you Kimberlin’s latest dumb motion to dismiss and delved deeper into his psyche (shiver).  Today I share my official opposition to his motion to strike.  That is separate from my motion to strike, because where the motion to strike was based on his failure to provide service, this is based on the merits, or lackt thereof, don’t worry, dear reader, it is popcorn-worthy.™  I mean there isn’t really much to say about whether I can 1) file a MTD immediately, or 2) represent myself, but there is a lot to say about how wrong the Plaintiff is to even raise the argument.  So... enjoy:

Adjudicated Pedophile Brett Kimberlin’s Motion to Strike My Motion to Dismiss

…and Exploring his Daddy Issues

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.

As promised yesterday, let me start by providing you with a copy of Brett Kimberlin’s motion to strike my motion to dismiss:

Adjudicated Pedophile Brett Kimberlin has been Served (Due to Lack of Service)!

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.

Hello, out there in internet-land.  Attentive readers (i.e. those who have been watching the Maryland Judiciary Case Search) may have been noticing that things were happening in the new state case that I wasn’t talking about.  By way of review, Brett Kimberlin has filed a new state lawsuit against myself and pretty much the right half of the blogosphere.  You can read the complaint, here.  He filed that on April 15, and on April 28, I filed a motion to dismiss, which you can read, here.

All of which sent Brett into stompy foot mode.  On May 1, he actually filed a motion to strike my motion to dismiss.  For those unfamiliar with how our courts work, it’s a motion to find another party’s motion so utterly improper that it is returned to the party, and the case court as if it was never filed.  So why was he asking for this?