The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Brett Kimberlin Annoys a Judge

Posted on | June 20, 2014 | 22 Comments

It’s been weeks since I’ve paid any attention to Brett Kimberlin’s ridiculous federal lawsuit, the one that my co-defendant John Hoge has described as Kimberlin v. the Universe, et al. The reason for this long silence is that there just hasn’t been any real news in the case. Judge Grimm issued a letter order that put a lid on the extraordinary number of filings made in the case, and the defendants are basically now waiting to learn (a) if Kimberlin’s motion to amend his complaint will be accepted or (b) whether the various motions to dismiss and objections to the amended complaint have sufficed to show that (c) the amended motion is futile and (d) the entire lawsuit should be dismissed. Meanwhile, the case has been handed over to a new judge, George J. Hazel, who has this week received two letters from the Perjuring Pro Se Pipsqueak.

The first letter asks for more time to effect service on several defendants, including Ali Akbar and Breitbart.com, despite the fact that Kimberlin was already granted an additional 60 days on April 28. Now, having failed to effect service for more than six weeks — and with just days remaining until the June 28 deadline — Kimberlin wants to move the goal posts, asking that the court ignore his failure. Instead, Kimberlin wants the court first to rule on his motion to amend and then extend the deadline 60 days past that ruling.

Some of my fellow defendants (or their lawyers) are sure to point out what’s wrong with this: If the court denies the motion to amend — as I hope and expect they will — the suit would then be ripe for dismissal, except for the fact that not all the defendants have been served, some eight months after Kimberlin first filed his complaint. That would be extended to at least 10 months if Kimberlin were granted the delay he now seeks. Those defendants who have already responded to Kimberlin’s suit (including those who have spent money to hire lawyers) can very well argue that such a delay would be unfair to them, leaving them in limbo because of Kimberlin’s failures.

Of course, if the court should grant Kimberlin’s motion to amend, this would re-start the clock for everybody — but I honestly don’t think that’s going to happen, because the arguments made in opposition to the amendment were very strong. Kimberlin’s original suit is so badly flawed, as a matter of law, that it’s a slam-dunk for dismissal, and his proposed amended complaint did not substantially improve the suit, while adding numerous new errors in the process. When these problems were pointed out by the defendants in their opposition motions, Kimberlin’s response was just a lot of arm-waving and a repetition of his claims that the defendants are Very Bad People Who Do Very Bad Things.

Kimberlin’s second letter to Judge Hazel is simply absurd: He invokes the Ninth Circuit Court of Appeals’ ruling rejecting the defendant’s appeal in the case of United States v. Osinger. The irrelevance of this to Kimberlin’s case is obvious to anyone.

Here is a brief summary of Osinger’s crime:

Osinger was prosecuted for cyberstalking under 18 U.S.C. § 2261A. Among the things he did was create a phony Facebook page for his ex-girlfriend and post grossly inappropriate photos. He sent emails to her boss, co-workers and family members about it. And not to be subtle, he sent her about 40 texts over two days to let her know how he was going to destroy her life.

This was a crime, not a civil tort. Neither I nor any of the 20 other defendants in Kimberlin’s suit have violated 18 U.S.C. § 2261A. None of us have been arrested or indicted for violating 18 U.S.C. § 2261A or any other federal criminal statute, and no one is investigating us for such a crime. In writing to Judge Hazel, however, Kimberlin says he alleges that the defendants in his suit have “engaged in . . . criminal conduct that is not protected by the First Amendment.”

And the point is . . . what?

Anybody can allege anything, but the federal government has not appointed Brett Kimberlin to prosecute criminals, and his claims that he has been a victim of felonies by the defendants reminds me of nothing so much as it does an old episode of The Andy Griffith Show in which Gomer Pyle runs around shouting “citizens arrest.”

The law doesn’t work that way. If Brett Kimberlin has been the victim of felonies perpetrated by the defendants — who include Erick Erickson, Michelle Malkin and Glenn Beck, among others — where are the indictments? Why isn’t the FBI slapping the cuffs on these alleged Very Bad People Who Do Very Bad Things?

Answer: Because Brett Kimberlin is full of crap.

Is it a federal crime to call somebody “full of crap”? I’m not a lawyer, so I don’t know. Maybe you should hit my tip jar, just in case.





 

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Comments

  • Cactus Ed

    a) Brett Kimberlin bombed a high school football game.

    b) Brett Kimberlin was found to be liable to the DeLong’s for over one-million dollars.

    c) Brett Kimberlin went back to prison rather than make atonement for his crime(s).

    d) Brett Kimberlin is so perverse that Bill Schmalfeldt considers him a good friend.

    e) What does that make Bill Schmalfeldt?

  • texlovera

    It won’t be long before the judge shuts down the Brett Kimberlin Circus of Failure….

  • robertstacymccain

    Let’s hope so. I’m getting bored.

  • Jeanette Victoria

    Humm that little tidbit might help me go after Thomas Mix, Ondrea Tye and co

  • Dianna Deeley

    He pesters a lot of people, doesn’t he?

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

    If you are using Mayberry characters, Brett Kimberlin is more akin to Ernest T. Bass, except he is not charming, not funny, black hearted, throws real bombs not rocks, and possibly molests under-aged girls…

    Come to think of it, I do not recall any characters on the Andy Griffin Show even close to that contemptible.

  • maniakmedic

    This post title sounds like a part of a series of children’s books. Imagine the apoplectic rage he would go into if you released such a series.

    Bret Kimberlin the Felon
    Bret Kimberlin Sues Everyone
    Bret Kimberlin and the Judicial System of Doom

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  • WJJ Hoge

    All is proceeding … aw, you know the rest.

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

    Kimberlin and Schmalfeldt don’t even have one of those mini cars that they tumble out off with the rest of their creepy clown pals.

  • http://www.journal14.com/ Dana

    A contractor I know hasn’t had a driver’s license in, like, forever, because he continues to drive while intoxicated. A couple of months ago, in an appearance before a judge who had seen him several times previously, he was told by the judge that if the judge ever saw him in his court again, he’d be going “upstate” for five years.

    Said contractor didn’t get the message, urinated off his girlfriend (who just happened to be his bother’s ex-wife), and got in his truck and sped off, drunk, of course. Urinated off girlfriend called the cops, they stopped him again, and he got to see the same judge who had given him a last warning a few weeks earlier, and the judge was as good as his word: five years in the penitentiary.

    The moral of the story: don’t annoy a judge!

  • Quartermaster

    “Is it a federal crime to call somebody “full of crap”?”

    Given the clowns in charge these days, anything is possible.

  • Quartermaster

    Just shorten it to “all” and we’ll know what you mean.

  • Quartermaster

    Would you cram yourself into a VW bug with them and 15 others like them?

  • slp

    What happened to Judge Grimm/ Why is Judge Hazel handling the case?

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  • http://wizbangblog.com/ Adjoran

    Gomer Pyle’s estate should sue you. He only cried, “Citizen’s arrest!” after Barney explained it to him and then violated the law right in front of him.

    Gomer wasn’t making stuff up or trying to stop Barney from exercising his legal rights. He was trying to stop actual crimes.

    Gomer’s knowledge of law might be comparable to TDPK’s, but his intentions were pure and honorable.

    He could sing better than Kimberlin, too.

  • Wombat_socho

    As our comrades in Holy Mother Russia used to say, “Kto-kovo?”* That’s apparently how what’s criminal is determined since the Emaculation of Obama.

    *”Who’s (doing what) to whom?”

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  • Quartermaster

    A lot is being done in DC nalyevo.

  • texlovera

    Schmalfeldt would require his own bus, thus rendering the clown-car method moot…

  • Jeanette Victoria

    LOL it seem statutory rape enthusiast Rachael Carson-Zerby @botingme is on the case she informed homosexual stalker Mix about this comment. He thinks implied threats are OK. Cause I’m mean or something. http://tmblr.co/Zj1SDn1JVW7NL