Judge Hazel Wipes the Slate Clean in Convicted Terrorist Brett Kimberlin’s RICO Suit

And: “I Get Results! (Not really!)”

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.

Update: I had to fix a bad embed of a letter.  Fixed now!

Well, Murphy’s law can be a real bastard at times, can’t it?  I was all ready to post on today’s events, when we had a game changer.  So I will try to adapt what I said to the news.

I have been on blogging hiatus for a while.  The principle is, after all, “case(s) first, and blog second” and I have been pretty busy behind the scenes in those twin lawsuits against me.  As mentioned in my standard blurb in the last paragraph, we have two suits going on: 1) a Maryland state case where he is claiming that I, John Hoge, Stacy McCain, Ali Akbar and whoever KimberlinUnmasked is, mostly centering around his sexual abuse of his wife, discussed here, and 2) a federal case claiming that a long list of defendants are engaged in organized crime to call him a SWATter.

To update you some, there is going to be a hearing on July 1 in the state case regarding several motions for summary judgment and a related motion to dismiss for failure to comply with discovery.  My attorney has asked me not to share very much about that for fear of educating the midget...

He is looking buff...

...so I won’t.  I will simply say that legally we should prevail and if the judge follows the law, the entire case will be thrown out.  But then again, if the law was followed, we wouldn’t have gotten this far, so we’ll see how it goes.

Oh, and none of that tells you about the Copyright case that John has filed against Bill Schmalfeldt (a.k.a. “Baghdad Blob”).  You can read several of the documents he filed recently in this case, here.  In the name of brevity I won’t discuss that in detail, but basically John has alleged that the Blob has been ripping off his copyrighted work and that of another blogger, and there will be a hearing for a preliminary injunction to stop that this coming Thursday.  And I don’t think I have updated you about the case Schmalfeldt filed against ten bloggers or internet commenters and then dropped literally two days later.

But it’s in the RICO case that we got the big news.

BREAKING: Blubber (Counter) Sues Bloggers

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.

Of course the title is a kind of an in-joke, that I will untangle briefly.

As you might remember when Brett Kimberlin first started off this most recent spate of lawsuits starting with suing me for represented a another client, in this case his wife, we created a legal defense fund at the site Bomber Sues Bloggers—which you can still donate to!  Then when Bill Schmalfeldt threatened to sue various bloggers, in February (you have to be specific, because he is always threatening to sue people), I joked that we might have to start up “Blubber Sues Bloggers.”  You know, because Bill Schmalfeldt is very, very fat.

Hey, just because I’m a Yalie, doesn’t mean every joke has to be erudite, okay?

Anyway, in the last few weeks we saw that Blubber seemed to finally make good on his threat to sue various people in a laughably incompetent complaint he filed in U.S. District Court.  Then he claimed he spoke to his doctor who suggested he doesn’t need the stress and so he withdrew the complaint.  You can read all about that at Blubber Sues Bloggers, a site which I think constitutes great minds thinking alike, in terms of its title.  I should stress that “Blubber” is not a fundraising site, unlike Bomber Sues Bloggers.  It’s a news and mockery site.

So anyway, as you also might know, John Hoge has also sued Schmalfleldt in federal court for a violation of his copyrights, and also the copyrights of the anonymous blogger known as Paul Krendler, who sold the rights to him for the purpose of stopping Schmalfeldt from ripping off his copyrights.

Well, I have just heard from John that Schmalfeldt has answered the suit and counterclaimed in it.  In it he has added to counter-defendants: Chris Heather who is allegedly the twitterer known as “GunTotingTeaBag” and Paul Krendler.  John said he didn’t have much time to look at it, yet, but he did say that there was also a motion to get immediate discovery, most likely of one or more of their identities (it depends on whether he is actually sure Heather is the right guy.

Surely you will see more at Hogewash as this develops.  I will share what I know as I learn, though as always, my motto is “case first, blog second.”

Still, you might want to start popping the popcorn right now, because I am willing to bet this is a pretty awful one.

Bond v. U.S.: Analysis: John Roberts Knows What Chemical Weapons Are When He Sees Them

Or: “Can an International Treaty Make Barack Obama President For Life?”

First, a programming note.  As often is the case, much of my writing energy has been consumed as of late in court documents that have not yet been released on the internet (indeed in many case, have not yet been filed.)  But I am on break and in that break, I can talk about other things.  I will also catch up on the big legal occurrences last week shortly.

Today the Supreme Court handed down its opinion in Bond v. U.S., and while the decision was unanimous, it was a surprisingly contentious unanimity.  But first a little background.

There is an infamous line in the otherwise unnotable opinion on obscenity from Justice Potter Stewart.  First Amendment doctrine has long held that “obscenity” (more or less, hard core porn) is an exception to freedom of speech or the press that can therefore be banned, even with criminal consequences.  Of course anyone with basic Google skills can quickly discover that such bans are like the proverbial finger in the dam as it bursts, but whether such bans are of any practical use or not is beside the point.  They exist and therefore the Supreme Court had to wrestle with how to define that term: obscenity.

So Jacobellis v. Ohio (1964) is mostly unremarkable.  It involved a movie called The Lovers, which I have never viewed but you can read a review here, but to be blunt nothing said in the opinion was too unusual.  It was from the time when the Supreme Court felt that the way to manage the issue of obscenity was to personally review every single allegedly obscene movie, book, exposing these justices to whatever deleterious social effects these movies supposedly have.  Still, it was a pretty straightforward application of the prevailing legal standard at the time: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest, so long as it was utterly without redeeming social importance.  In other words movies you watch just to see people having various kinds of sex, with no attempt to have a plot, characters, social significance, etc.  Which still doesn’t really tell you where the line between the good stuff is and the stuff that can be banned, does it?

Again, all of this is actually not remarkable for the doctrine at the time and the case is pretty much forgotten except for what Justice Stewart wrote in his concurrence:

Convicted Terrorist Brett Kimberlin’s Request to Seek Sanctions Denied

And Reading Judge Grimm’s Tea Leaves

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 you might have heard it on my twitter, or seen it over at Hogewash but Brett Kimberlin’s request to file a motion for sanctions has been denied.

You can read the entire letter order here, after the break (so quick, get the popcorn!).  And bluntly, if you don’t know what is going on, I suggest you read this post as background which discusses some of the law of Rule 11 motions for sanctions.  So, see you after the break!

Convicted Terrorist Brett Kimberlin’s “Fletcher” Objection to Smith’s Memorandusm

And Other Assorted Silliness in the 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.

So let’s a do a little catchup.  I have been laboring under a stomach flu (and being a sharing couple my wife has had it worse) and John has beat me to the punch in most of these cases making a post on a lot of events unnecessary.  Most of you who are following The Kimberlin Saga^® know by now to follow along at Hogewash, and if you aren’t by now, you should.

So first, Brett admitted to forging a summons in the Federal RICO case against me (that case is still in the motion to dismiss stage).  You can read that admission, here.  Then on April 9, in the state case (which is just finishing discovery), he admitted to forging a green certified mail card.  You can read my reports on this here and here, which was verified by the official transcript of that hearing, which John Hoge posted here.

Next Michael Smith, counsel for Michelle Malkin and Twitchy, asked to file a supplemental memorandum discussing that April 9 hearing, here.  Previously he sought sanctions for the forging of the summons and that motion was still pending.  Here, the idea was that the fact that Brett altered documents in another case might bear on what the court thinks of him altering documents in the federal case.  Yes, the state judge didn’t fine him but only because she didn’t think she had the legal authority.  I respectfully think she was wrong, but the federal judge has unquestioned statutory and inherent authority to do so there is a good legal reason why you might get a different outcome in the federal case.  And I predicted that when the court saw what happened in the April 9 state hearing, it might be more likely to sternly sanction Brett, here.

A Palate Cleanser: Breakdancing Buddhist Monks

Well, after the awfulness of that post on Mr. Skin trivializing the evil of slavery, how about something that renews your faith in humanity?

One of my all time favorite bands is the Beastie Boys.  For instance, below the break you can enjoy the video for Sabotage:

Mr. Skin Thinks Beating a Slave is, Like, Hawt

Well, this find goes to Dave Weigel at Slate:

(You don’t have to click the link.  When you are done reading this, you will know more about the page than you probably ever wanted to know.  And you might very well wish to avoid clicking the link and supporting this garbage.)

I found it — the worst page on the Internet. http://t.co/C9SSKjzGKS
— daveweigel (@daveweigel) May 5, 2014

Well, of course this is unlikely to be the actual worst.  I mean it’s a big internet.  But this is a serious contender.  Last year Twelve Years a Slave came out.  I confess I haven’t had the chance to see it, but my understanding is that it is one of the more brutal depictions of slavery akin to Schindler’s List’s depiction of the holocaust or The Last Temptation of Christ’s depiction of Jesus death: it’s horrible, and appropriately so, or so I understand.

And there is nudity in it, because slaves, particularly women, were humiliated in this fashion.  This page from a children’s book (!) about the evil of slavery is indicative:

My Star Wars Day Tribute

Well, that... and my tribute to the badassery of Samuel L. Jackson.

So today (okay, technically yesterday), was Star Wars day.  Why because it was May 4^th, as in “May the Forth Be With You” which prompted this commentary from me:

#StarWarsDay is not a holiday so much as an awful pun. #MayThe4thBeWithYou cc @cgable63
— Aaron Worthing (@AaronWorthing) May 4, 2014

Which led to this nonsense from Ms. Prado:

@AaronWorthing @EdB_Ohio @mettavadin pic.twitter.com/7CE29m1qAC
— janina prado (@cgable63) May 4, 2014

(Ms. Prado is actually the ex-wife of demented adjudicated harasser Bill Schmalfeldt who has proven to be a perfectly lovely person whose major personality flaw is a love of puns—not that I can really criticize anyone for that.)

But what prompted me to this tribute is learning about this little bit of badassery.  As you know, Samuel L. Jackson was one of the coolest things in the prequel trilogy.  Like Liam Neeson, his likeability was mainly carried over from other movies; his character was awesome mainly because he was awesome.  The man had a purple lightsaber.  A purple lightsaber.  And then in this interview you learn what he wrote on his (with some language warning) below the break:

Is Cliven Bundy Right?

Well not about that idiot thing he said when he started off with the words “I want to tell you one more thing I know about the negro...”  When I was studying legal history I called this kind of crud “cringe quotes” where you would be reading a perfectly fine speech by Lincoln about human freedom and then he would say something incredibly racist.  There has been some attempt to rehabilitate what he said, such as here, but at best it only mitigates what is still a pretty racist and ignorant thing to say.  No, there is zero chance that black people were better off under slavery and you have to be willfully ignorant of the evil of slavery to even entertain the thought.

The significance of his dumb remarks is that he doesn’t have a future as the leader of a movement.  Instead he should be treated as just one guy with a complaint that may or may not be just.  Or to quote Gavin McInnes:

At any rate, as Dana [Loesch] points out, this isn’t about some old guy’s views on slavery. It’s about government control. We’re not saying Bundy is the messiah and we accept him as our personal savior. We’re saying the government is wrong.

And that has to be the principle here.  If I can defend the freedom of speech of a guy who cheered on Brett Kimberlin’s suppression of my own speech, I can defend a racist’s claim to grazing rights.  When it comes to the legal issues his racism is beside the point.  If a government lawyer brought it up in court, it would annoy the judge by being irrelevant. Or to quote from Mark Steyn:

the reason the standard representation of justice in statuary is a blindfolded lady is because justice is supposed to be blind: If you run a red light and hit a pedestrian, it makes no difference whether the pedestrian you hit is Nelson Mandela or Cliven Bundy. Or at least it shouldn't: one of the basic building blocks of civilized society is equality before the law.

So like Steyn I will stipulate that Bundy is wrong on racial issues and slavery and it doesn’t mean a damn in regards to his dispute with the Bureau of Land Management.  But is he right in his dispute with the Bureau of Land Management?

BREAKING: Blowback for Convicted and Admitted Document Forger Brett Kimberlin in the 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.

Well, at this point it is only a possibility but just today Michael Smith, attorney for Michelle Malkin and Twitchy filed this letter with the court below the fold: