The Other McCain

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‘An Honest Mistake?’ Has Brett Kimberlin Ever Done Anything ‘Honest’ in His Life?

Posted on | March 12, 2014 | 39 Comments

U.S. District Judge Paul W. Grimm has been thrown onto the horns of a legal dilemma by the extraordinary procedural misconduct of pro se plaintiff Brett Kimberlin. As the attorney for Michelle Malkin and Twitchy has pointed out, this is unprecedented:

Mr. Kimberlin’s conduct has taken this Court into uncharted waters. Twitchy’s research has not found a single case, Federal or State, involving a party’s forgery of a court summons — much less, the subsequent sending of it through the U.S. Mail with the intent to deceive. This is a serious matter, and obviously one that calls for a severe sanction. . . . [D]ismissal with prejudice and a significant award of fees against Mr. Kimberlin is warranted. . . .
[T]he questions raised to date regarding Mr. Kimberlin’s “summons” to Twitchy and other certifications to the court, against the backdrop of his many crimen falsi convictions, make this lack of authentication central. Neither the defendants nor this Court can have any confidence that anything Mr. Kimberlin attaches to his filings, is what it purports to be.

Now, Kimberlin has filed a Second Amended Complaint, even while overwhelming arguments against his First Amended Complaint have yet to be ruled on by Judge Grimm. Kimberlin’s heinous abuse of the court process has already damaged the defendants’ ability to get justice in this case and now, after the fatal legal flaws in his First Amended Complaint have been thoroughly exposed, we are confronted with the Second Amended Complaint that in many ways amounts to an entirely different lawsuit. We are left hanging in limbo, wondering whether (a) Judge Grimm will require us to reply to the Second Amended Complaint, or (b) Judge Grimm now has enough evidence of Kimberlin’s mala fides to dismiss the whole thing in toto.

Obviously, I hope and pray that it is (b), but Judge Grimm must consider the likelihood that if he dismisses Kimberlin’s (entirely meritless) lawsuit, this will mean that the Fourth Circuit will have to deal with Kimberlin’s (equally meritless) appeal. Alternatively, then, Judge Grimm — who must be laughing his ass off at the absurdity of the crackpot paranoia evident in Kimberlin’s Second Amended Complaint — can let the big-dollar lawyers rip it to tatters, which will impose a near-term burden on the defendants, but which almost certainly guarantees that when Judge Grimm does dismiss the Second Amended Complaint, it will be gone for good, with no hope that Kimberlin could ever succeed on appeal.

Meanwhile, we have Kimberlin’s answer to Judge Grimm’s “show cause” order in regard to the forged Twitchy summons:

Plaintiff has apologized to counsel for Defendant Twitchy on several occasions for the mistake he made when serving Twitchy. Plaintiff explained to counsel that the mistake was not in any way done with an intent to mislead. Instead, it was a misunderstanding of the process, which Plaintiff as a pro se litigant did not understand, but now understands full well.
Plaintiff did include Defendant Twitchy in the Complaint in several paragraphs as a named Defendant but Plaintiff inadvertently left Twitchy off the caption.
When the Clerk initially sent Plaintiff 21 summons, Plaintiff spent hours compiling them with the Complaints, the envelopes and certified cards only to discover that the summons for Twitchy was missing. At the time, Plaintiff assumed that the Clerk had inadvertently forgotten to include that summons since Twitchy was named as a Defendant in the Complaint and Twitchy’s address was listed in paragraph 25 of the Complaint. Therefore, Plaintiff typed the address on a summons and included it with the Complaint to Defendant Twitchy and sent it certified to that address. . . .
Plaintiff apologizes once again to Defendant Twitchy and counsel, and to the Court for this misunderstanding. Plaintiff assures the Court that this will not occur again. . . .
Plaintiff urges this Court not to impose sanctions on Plaintiff since this was an honest mistake, he is proceeding pro se and was unaware of the proper procedure, he has learned from the mistake, he has apologized to all parties, and Defendant Twitchy was not prejudiced.

Twitter reaction to these excuses was rather amusing:

Joking aside, the problem is that Kimberlin’s habitual dishonesty and procedural misconduct in his previous pro se court cases is so thoroughly documented — as several of the defendants have pointed out in their filings — that it strains credulity for him now to claim he made an “honest mistake” because he “was unaware of the proper procedure.” Hell, no. Brett Kimberlin deliberately falsified a court document, thinking he was so clever that the defendants wouldn’t notice his clumsy forgery. This is analogous to how Kimberlin got caught in 1978, brazenly trying to forge documents while driving a car with evidence of his bombings in the trunk. Kimberlin has spent the past 35 years blaming others for his own stupidity, trying to convince people that his conviction was the result of a corrupt government conspiracy, never once expressing regret for blowing off Carl DeLong’s leg, while presenting himself to naive “progressive” donors as a former “political prisoner.” But I digress . . .

The Perjuring Pro Se Pipsqueak continues trying to get Ace of Spades’ lawyer Paul Alan Levy thrown off the case, and it is mordantly amusing to watch the notorious felon Brett Kimberlin present himself as a self-appointed Arbiter of Legal Ethics.

 

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Comments

  • Pablo

    Real justice here would involve Kimberlin getting his parole revoked and being declared a vexatious litigant. That would be the fast track to an appropriate conclusion.

  • robertstacymccain

    If they had subjected Kimberlin to a psychiatric evaluation back in 1981, he might have been sent to an institute for the criminally insane.

  • slp

    Federal District Court Judges are inundated with pro se habeas corpus petitions from all the jails and prisons in their district. So they know how to give the pro se plaintiff their due process, but end the games when there is little likelihood of reversal on appeal.

  • PatDissent

    Ooooo. A sternly worded letter. I am sure that will permanently stop Kimberlin in his tracks.

    I have a better idea : life without possibility of parole in a cell with a 300-pound amputee tranny named Buffy.

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  • Pablo

    Yes, a sternly worded letter that says “You’re going back to prison now.” He’s got what, 32 years of unserved time?

    It sound like you’ve given this cellmate idea an awful lot of thought.

  • Quartermaster

    Frankly, if the sanctions do not include jail time, then the judge is derelict in his duty. OTOH, it wouldn’t be the first time a judge was derelict in his duties.

  • rustypaladin

    Of course it was an honest mistake. He honestly thought everyone else involved was stupid and wouldn’t pay attention to what he was filing so the money would just fall into his lap. After all, he’s Brett Kimberlin: Super Genius. Kneel before his mighty intellect!

    He just doesn’t get it that, to be effective against him, you don’t necessarily have to be smarter than he is. You just have to pay attention and know how things are supposed to be done. I’d call him arrogant but that implies some degree of competence. I believe conceited would be more accurate as he has show few signs of knowing what he is doing despite his experience in lawfare.

  • http://ak4mc.us/cms/ McGehee

    I suppose he honestly, mistakenly thought 12 was “age of consent” in Indiana.

  • http://deadrepublicanparty.wordpress.com/ rmnixondeceased

    Yep, sociopathy and/or psychopathy would have probably put him in with Hinckley …

  • robertstacymccain

    Careful there — he may subpoena your identity, and I’m not sure Paul Alan Levy has time enough to deal with all of your tort-mongering comments.

  • Rob Crawford

    So, you’re throwing his Cabin Boy in there, too?

  • http://deadrepublicanparty.wordpress.com/ rmnixondeceased

    @rsmccain Heh. I took a #selfie — RMNixon (Deceased) (@RMNixonDeceased) March 13, 2014

  • http://deadrepublicanparty.wordpress.com/ rmnixondeceased

    @rsmccain Heh. Schmalfeldt took a #selfie— RMNixon (Deceased) (@RMNixonDeceased) March 13, 2014

  • richard mcenroe

    It’s Maryland. Betcha not… http://pjmedia.com/instapundit/185315/

  • Finrod Felagund

    Professional liars and perjurists never make ‘honest’ mistakes.

  • http://saberpoint.blogspot.com/ Stogie Chomper

    For some reason, when I think of Brett Kimberlin’s future, this song just keeps playing in my head.

  • WJJ Hoge

    All is proceeding as I have foreseen.

  • richard mcenroe

    A sternly worded letter? Who do they think they’re dealing with here, some wimp like Vladi Putin? This is Brett Kimberlin, Sooper Genius!

  • PCachu

    Great. Now we’re going to have to get Mike Stoklasa from Red Letter Media. He does the best Emperor Palpatine impression.

  • Kirby McCain

    At the time, Plaintiff assumed that the Clerk had inadvertently forgotten to include that summons since Twitchy was named as a Defendant in the Complaint and Twitchy’s address was listed in paragraph 25 of the Complaint.And also plaintiff made no attempt whatsoever to verify or correct what he thought was a mistake through the proper channels.

  • SPQR9

    Its plainly a lie, as anyone who has read the docket immediately realizes.

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  • Kirby McCain

    I’m no lawyer but at one time I hired out my incredible driving skills to Long Aldridge & Norman. Most people don’t realize all a courier does for such a firm but if you’re good you know about dotting the ‘i’s and crossing the ‘t’s. And you’re right, he willfully broke procedure and has offered the thinnest of excuses for doing so.

  • http://ak4mc.us/cms/ McGehee

    A lot of people don’t realize I’m descended from the Hampstead Tortmongers on my mother’s side.

  • Kirby McCain

    Hoge you’re scaring the kids.

  • WJJ Hoge

    I find your lack of faith disturbing.

  • Guest

    He still pretends the clerk DID make a mistake.

  • http://wizbangblog.com/ Adjoran

    Yeah, but in 1981 it was Indiana.

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    Blaming the Court for your own mistakes is generally a bad idea.

    Then again, so is falsifying a subpoena.

  • http://wizbangblog.com/ Adjoran

    His object is NOT to win anything at all. He knows he will lose. His record is something like 1-113 or so.

    He files the suits to harass people, cost them time and money dealing with the nonsense while he skates by “pro se” relying on the extra latitude judges grant such litigants (which would end if he is ever designated “vexatious,” which is his clear and avowed intent). Therefore the expense is an intimidation against others who write about his record, however truthfully.

  • http://wizbangblog.com/ Adjoran

    I don’t get all the people thinking TDPK will end up in jail over this. There is virtually ZERO chance that this would be considered a sufficient breach, if it is considered a breach at all, to revoke his parole.

    IF the Feds were out to get him for something else and couldn’t pin it on him, sure, they might play that card. But he’s a vile criminal now in service – at least nominally – of the Left, and they control the FBI, the DOJ, the horizontal, the vertical, etc.

    About the most we can realistically hope is that it is dismissed with prejudice and he is designated “vexatious” so he can’t keep doing this “lawfare” harassment act.

  • PatDissent

    Give the only person who got the reference a ceee-gar!

  • richard mcenroe

    East bound and down,
    Swervin’ and a-servin’
    We’ll serve those who say they can’t be served!
    We’ve got a nol prosse to file
    And res judica is pending
    So come on Kirby lay that paper down!
    (Theme: Smokey and the Banned Writ)

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    You know RSM is being distracted by this when he fails to comment on Transsexuals joining the U.S. Army…

  • Loren

    Nicely done.

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