The Mueller Indictment: The Foreign Agents Registration Act is Unconstitutional

Update: For some reason a video didn't embed properly.  I am updating to fix.  If that doesn't work, I will cut it out for a picture.

So, after another long break, I am back with another post.  In fact, I am planning a series of posts dealing with different issues related to the indictment of thirteen Russian nationals and three Russian companies.  You can read the indictment, here, and you can search through its text, here.  But if you have been following me on twitter, you are seeing me suggest that I see some very serious First Amendment problems in this indictment.

Strap yourself in, dear reader, this is a long one.  We’re going to go very deep into some dense statutes.

Cosmo’s Racial “Sensitivity” is Actually Super-Racist

Well, Halloween is around the corner again, and the killjoys on the left are busy fretting that someone might wear the wrong thing and this annoyed me enough to make me want to blog again.  Yep, it’s the fear of “cultural appropriation”—the idea that the only people who can enjoy another culture are people from the ethnic/racial group that was historically associated with it.  So, only Native Americans can wear native American headdresses, I guess only Italian Americans can eat Pizza, and so on.  It’s a unique topic where people claiming they are opposed to racism regularly prove that they are actually super racist.

See, the first problem is that for one to “appropriate” a culture—that is, commit theft—you have to believe it is the exclusive property of... some person or group of people.  Which then leads you down all kinds of racist rabbit holes.

Don’t believe me?  Well, let’s look at how Cosmo dealt with this.  I first became aware of their latest tripe, by seeing this tweet.

Hey Parents: Maybe Don't Dress Your Kid Up As Moana This Halloween https://t.co/F1tppGs47f pic.twitter.com/NOMPW3OOFi

— Cosmopolitan (@Cosmopolitan) October 23, 2017

Yep, it’s an article worried about cultural appropriation.  As you probably know by now, Moana is based on Polynesian folklore and it’s a very good movie.  (Seriously, see it, if you haven’t.  You will thank me later.)  Anyway, the Cosmo article confirms that it is concerned primarily with white girls dressed up as the titular Disney Princess* with this passage:

Chances are, you have a child that is enamored with all things Disney and wants to be all of the princesses. All of them! Especially Moana.

The New York Post recently highlighted an article on raceconscious.org about how that’s probably not a good choice if your kid is white, and revealed that “moms are freaking out” over the culturally appropriative costume.

Judge Vaughey Reprimanded, Freedom of Speech Vindicated

Another Setback to Brett Kimberlin’s Quest to Outlaw Criticism

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 four 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 for calling him a pedophile.  He lost on the issue of truth.  Has recently lost suits against also suing Hoge, Akbar, Dan Backer, DB Capital Strategies, Patrick “Patterico” Frey, Mandy Nagy (who is significantly incapacitated by a stroke), Lee Stranahan, the National Bloggers Club, and  others alleging that we are all in conspiracy to defame him because we reported factually about the spate of SWATtings committed against myself, Frey, Erickson and others.  And he sued two senators for not appointing Merrick Garland to the Supreme Court.  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.

Now regular readers will recognize that name, Judge Vaughey, but I honestly don’t know how many of my readers have been following this Kimberlin Saga since May of 2012, so let me take a moment to review.

I guess it is all fair to say that this segment of the story started when I wrote this piece, probably one of the longest blog posts (assuming you follow the links to the rest of it) written in blogdom, and definitely one of the most popular and influential posts I have written.  If you are new to the story, it is hard to describe how influential it was.  In it, I lay out documentary and video evidence showing how Brett Kimberlin attempted to frame me for a crime.  Seriously, if you haven’t go read it.  That got read by a lot of people, but more importantly it convinced a lot of people that this was a bad situation, that it was serious, and it needed attention.  So other people started writing about it, who frankly had more reach than I did, and it cascaded from there.

Will Democrats Turn Against Gay Rights in the Wake of the Orlando Massacre?

So like many of you, I woke up to the news of a horrible massacre in Orlando, Florida.  This is a breaking news story, so you need to be extra leery about what you read, but currently the media seems to agree that around fifty people have died and around fifty three people have been injured.  The murder is a man named Omar Mateen, who is dead and thus sparing us the need for a trial and all of that.  Patterico has details and knowing how he runs his site, you can expect regular updates, either at the link or in subsequent posts.  I have social plans that will make it impossible to do the same, so check them out now and then.

And however one may wish to keep politics out of it, the left will not do so and we cannot unilaterally disarm.

In fact, unilateral disarmament may be a significant part of the problem in this.  Pulse nightclub, the scene of this massacre, was a gun free zone.  In fact, it couldn’t be a gun freedom zone if it wanted to, because Florida law prohibits clubs like this from allowing its patrons to carry.  I am also seeing reports that an off-duty cop was there as a security guard and armed.  Even if true, wouldn’t it have been better to have thirty people who are well-armed?  One guy might stop such and even, or he might just be the first to die.  I don’t want heroic dead cops.  I want stupid dead murderers, killed in a hail of gunfire from law abiding citizens exercising their most sacred right to bear arms and self-defense.

Adjudicated Pedophile Brett Kimberlin Impotently Accuses me of Unauthorized Practice of Law

Or “Brett Kimberlin Goes the Full Schmalfeldt”

Brett's fail is much funnier in 3D!

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 for calling him a pedophile.  He lost on the issue of truth.  He is also suing Hoge, Akbar, Dan Backer, DB Capital Strategies, Patrick “Patterico” Frey, Mandy Nagy (who is significantly incapacitated by a stroke), Lee Stranahan, the National Bloggers Club, and  others alleging that we are all in conspiracy to defame him because we reported factually about the spate of SWATtings committed against myself, Frey, Erickson and others.  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.

Now in the last two posts, I discussed Kimberlin v. Walker, et al., and Kimberlin v. National Bloggers Club (II), and I have discussed other cases in the past.  One case I don’t remember discussing at all, is Kimberlin v. Hunton and Williams, et al.  That’s largely because I am not a party in it, and not generally involved in that case, but my friend John Hoge is and he has been discussing it regularly at his blog, here.  He calls it “RICO II,” sometimes humorously adding “Electric Boogalo” to riff off the movie “Breakin’ 2: Electric Boogalo” which is more famous for its title than anything else.

How to explain this suit?  Well, the short version is this.  Longtime readers know that Brett Kimberlin believes that there was a vast conspiracy against him called in shorthand “Team Themis” that involves the U.S. Chamber of Commerce, the FBI and I think the CIA.  No word on whether the Templars are involved, too.  Anyway, this suit is about that pile of crazy...  and then he threw in some random unrelated state-law tort claims against John Hoge and Bill Nickless.  The insertion of Mr. Hoge seems largely to be related to his anger at John for having won a peace order hearing the week before Brett filed this.  He filed this dumb lawsuit literally the same week that Judge Hazel dismissed all RICO claims (and most other claims in Kimberlin v. National Bloggers Club (I).  You can read that opinion here.  And guess who got the new RICO case?  Judge Hazel.  It’s like legal whack-a-mole.

Adjudicated Pedophile Brett Kimberlin Impotently Pleads for a Stay of Execution

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 for calling him a pedophile.  He lost on the issue of truth.  He is also suing Hoge, Akbar, Dan Backer, DB Capital Strategies, Patrick “Patterico” Frey, Mandy Nagy (who is significantly incapacitated by a stroke), Lee Stranahan, the National Bloggers Club, and  others alleging that we are all in conspiracy to defame him because we reported factually about the spate of SWATtings committed against myself, Frey, Erickson and others.  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.

"He is an impotent little wannabe lawyer, isn't he?"
"Yeah, what a loser!"
"This is good popcorn."

Now, dear reader, the last two posts on Brett Kimberlin (here and here) have been instances where a lot of catch up was needed.  I had to go back months in time to tell you what is happening.  This time, we can build off of events in, well, those last two posts.

For those just catching up, I am going to do a recap, sort of a “last time on Lost,” moment.

To briefly recap, Brett first had a case against me that we call Kimberlin v. Walker, et al.  Basically it revolved primarily (but not exclusively) around allegations that Brett is a pedophile and issues like criminal charges that arose from that.  We went to trial on defamation and false light and won that case for the most substantive reason possible: truth.  Which means that from now on, Brett is not allowed to claim anyone has defamed him or placed him in a false light by calling him a pedophile at least as of August 12, 2014, even one that has practiced it in the past.  In my last post I discussed how he attempted to appeal his loss in that case and lost that appeal.

Appellate Court Affirms Brett Kimberlin’s Status as an Adjudicated Pedophile

Or: “Catching Up with Kimberlin v. Walker, et. al.”

With a headline like that, you know you
will need popcorn!

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 for calling him a pedophile.  He lost on the issue of truth.  He is also suing Hoge, Akbar, Dan Backer, DB Capital Strategies, Patrick “Patterico” Frey, Mandy Nagy (who is significantly incapacitated by a stroke), Lee Stranahan, the National Bloggers Club, and  others alleging that we are all in conspiracy to defame him because we reported factually about the spate of SWATtings committed against myself, Frey, Erickson and others.  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.

The headline, here, is that Brett Kimberlin has lost his latest appeal of his lawsuit involving charges that he is a pedophile.  This is the same case that David Weigel wrote about in the Daily Beast.  And you can see where I wrote in the immediate aftermath of that victory in the lower court here and here.  To explain how we get there, however, is going to take a while.  Bluntly, I don’t write posts trying to chase the lastest breaking news.  I try to give you thoughtful analysis you can read for a while and this post is no exception.  If you read every embedded document, you are looking at around 300 pages of text by my best estimate.  So there’s nothing wrong with saving it for when you really have a long time to read.

Let’s start with a quick background about the case.  The short version is that in 2013, Brett Kimberlin’s wife, Tetyana Kimberlin, separated from her husband and came to myself and John Hoge for help.  She told us that Brett Kimberlin had seduced her when she was fourteen years old in Ukraine, that he brought her to America when she was fifteen and carried on a sexual relationship in violation of Maryland law (because she was below the relevant age of consent), and various other horribles.  This lined up with other evidence that suggested Brett was a pedophile.  She ended up filing charges based on that crime, but at some point reversed course and stopped cooperating as a witness, causing those charges to be dropped.  Brett sue me and several of my friends (John Hoge, Robert Stacy McCain, Ali Akbar and two persons who allegedly wrote as KimberlnUnmasked) for alleged stalking and harassment (which is not a cause of action in Maryland), malicious prosecution, malicious use of process, intentional infliction of emotional distress, defamation and false light.  First, we won a grant of summary judgment in our favor on all but the defamation and false light claims.  Then we won a judgment (what is called a directed verdict in most states) at trial on the issue of false light or defamation, because Brett literally had no evidence that anything we said was false.  In other words, he thought he could get up there, prove we said bad things about him and then rest his case, or he wanted the court to accept that argument.  He has now lost that argument, twice.

Moral Absolutism and Revolution: My Martin Luther King Day Tribute

This picture of Dr. King, in minister's robes and standing before the American flag, is oddly appropriate given
the subject of this post

As regular readers know, every year I try to write a post celebrating Dr. King’s birthday.  As I have said, if Dr. King had not been born, or if he didn’t do what he did, I probably would not have gone to college, let alone graduated from Yale Law School,* I would not be a lawyer, and I very likely would not have been legally allowed to marry my wife.  So a debt of gratitude is appropriately owed.

This year I will talk about a passage that you might not know of from Dr. King’s Letter from a Birmingham Jail.

I remember when I first read the letter—or thought I read it—in middle school in North Carolina, I was less than impressed.  I remember reading this passage in particular:

Convicted Terrorist Brett Kimberlin Loses His Latest Suit Against Me

Catching up with Kimberlin v. National Bloggers Club (II))

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 for calling him a pedophile.  He lost on the issue of truth.  He is also suing Hoge, Akbar, Dan Backer, DB Capital Strategies, Patrick “Patterico” Frey, Mandy Nagy (who is significantly incapacitated by a stroke), Lee Stranahan, the National Bloggers Club, and  others alleging that we are all in conspiracy to defame him because we reported factually about the spate of SWATtings committed against myself, Frey, Erickson and others.  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.

In my last post, I promised to start updating you, dear reader, on what is going on in the many legal cases involving Brett Kimberlin.  I am not quite ready to do that, completely, but I can give you this week’s big news: I won Brett Kimberlin’s latest suit against me.  As of today, I am no longer being sued by Brett Kimberlin (although I am still waiting on an outcome from the Court of Special Appeals—something I will explain to you another time).

So that’s the lede: I won completely, in that case.  And the purpose of today’s post is to talk about what got me there.

As a little background, this case was a continuation of a case filed previously against me and many others in Federal Court, which I refer to as Kimberlin v. National Bloggers Club.  Basically I and several other people have been SWATted.  You can read my account of that event, here.  Anyway, having been SWATed, I was sued as a result.

Yes, you are reading it right.  I was sued for being SWATted.  Basically Brett Kimberlin claimed that we implied or said he was involved in various SWATtings and he was not, and therefore sued us on a number of theories.  Of course the answer is that a true and accurate statement of the facts makes you suspicious as hell about whether Kimberlin was involved, especially in my SWATting.  In other words, reality implies Brett might be responsible.  But we all know that reality is anti-Brett-Kimberlin conspiracy, so...

The Stupid Season

It’s often said that there are silly seasons in politics.  Well, right now we seem to be in a stupid season.

Let’s start with the Democrats and their latest stupid gun control proposal.

Now, stupidity and gun control go together like peanut butter and chocolate.  For instance, the same people who want open borders very often want strict gun control, as though the same people moving people and drugs across our borders freely would hesitate to move guns if there was sufficient profit in it.  Indeed, often we see single-city gun control.  Liberals in Washington, D.C., for instance, apparently think that no one will to Northern Virginia, buy a gun, and drive back.  If you are talking gun control without talking border control you are just a fool—or a cynic hoping to manipulate fools.