Posted on | February 21, 2014 | 37 Comments
Brett Kimberlin could have been sentenced to 230 years in federal prison.
Brett Kimberlin’s Maryland lawsuit Kimberlin v. Walker, et al., is a nuisance and a distraction, and it angers me that I should be required to prove a fact that is abundantly self-evident to anyone who cares to investigate: Brett Kimberlin is a liar.
So if Brett Kimberlin files a lawsuit claiming I have defamed him, harassed him, stalked him, etc. — “Mopery With Intent to Lurk” — common sense suggests that the judge would take one look at his lawsuit and say, “Oh, this is Brett Kimberlin, the guy convicted of perjury in 1973, ‘a man whose idea of the truth is utterly malleable,’ ‘the convicted bomber, habitual liar and all-around sociopath‘ — that Brett Kimberlin? Yeah, he’s full of it. Case dismissed.”
Unfortunately, the legal system doesn’t operate on the basis of common sense, which is why we need lawyers to prove the obvious, that I am innocent and Brett Kimberlin is a liar:
Plaintiff’s motion includes 38 pages of attachments in supposed support of his request. Yet those attachments do nothing to support Plaintiff’s request for so drastic an action as removing and suppressing the reportings and opinions of Mr. McCain. In particular, the motion and accompanying exhibits do not include even one example of a defamatory posting by Mr. McCain …
Plaintiff’s Exhibit D is supposed to provide examples of how Mr. McCain (and the other defendants) “dramatically title their posts and fill them with highly charged accusations such as rape, pedophilia, sex slave, domestic abuse … See, e.g., Exhibit D.”
As part of Plaintiff’s Exhibit D, Plaintiff includes a single blog posting by Mr. McCain. The “dramatic” title of Mr. McCain’s blog post is “Motions, Motions, Motions — Judge Grants Brett Kimberlin a Delay.” Mr. McCain is therein reporting on a ruling (in Plaintiff’s favor) in a federal lawsuit initiated by Plaintiff against Mr. McCain and a host of others. That same posting goes on to report and opine on other aspects of that case. Notably, the following words and phrases are never once used: “rape,” “pedophilia,” “sex slave” and “domestic abuse.”
And the “dramatic” title of that document is “Defendant McCain’s Opposition to Plaintiff’s Motion for a Preliminary Injunction.”
This goes to show the fundamental problem we’ve been dealing with: Kimberlin merely alleges this, that and the other, but the way civil court procedure works is, he doesn’t actually have to prove that I wrote anything defamatory — and of course, he can’t, because I didn’t — in order to drag me through all this preliminary bullshit. Hell, his complaint didn’t include a single example of anything I wrote that could even plausibly be construed as defamatory, yet still the judge let the case go forward because (and I quote from memory, but I’m pretty sure these are her exact words), “there’s enough alleged here.”
It’s like the Supreme Court abolished common sense or something.