Posted on | August 5, 2014 | 25 Comments
“Brett Kimberlin does not want people writing about his past — a past that includes convictions for serial bombing, drug smuggling, perjury, and even impersonating a member of the military.”
— Ace of Spades, June 8, 2012
Another day, another denial — actually Brett Kimberlin had two motions denied today by U.S. District Court Judge George Hazel in the federal lawsuit that John Hoge has dubbed Kimberlin v. the Universe, et al.
Hoge has the latest letter order, in which the judge denies (a) Kimberlin’s request for additional time to file a motion for a preliminary injunction, and (b) Kimberlin’s request for a ruling on his previous attempt to disqualify Paul Alan Levy, who is the lawyer defending Ace of Spades’ anonymity. Both of these denials were delivered with decisive brutality — the judge saying in effect, “Stop bothering me with your badly argued and legally flawed nonsense, you creep” — but Kimberlin got taught an especially embarrassing lesson on the Levy matter:
Finally, Plaintiff has sent a letter to the Court (see ECF No. 174) urging the Court “to rule on [a] Motion to Disqualify [Counsel]” (see ECF No. 174) that Plaintiff previously filed on February 26, 2014. See ECF No. 93. That motion, however, is no longer pending on the Court’s docket. In fact, that motion has not been on the Court’s docket since March 4, 2014, when the Clerk of Court terminated it due to Plaintiff’s failure to comply with the Court’s February 21, 2014 Letter Order. See ECF No. 96. Obviously, the Court cannot rule on a motion that is not currently pending on its docket. If Plaintiff wishes to file a Motion to Disqualify Counsel, he must file a Request pursuant to and in accordance with the requirements set forth in the Case Management Order. See ECF No. 97
Here’s the thing: Kimberlin seems to have been so overcome by wrath toward Paul Alan Levy — and gosh, I wonder why — that Brett completely forgot that his original attempt to have Levy removed from the case had never even been accepted by the court, because Kimberlin had failed to comply with a previous order by the court.
Aaron Walker, who has endured more of Kimberlin’s abusive lawfare than anyone, explains the larger significance of all this:
As you might remember, when Paul Levy entered the case Brett when into full whine mode and filed an improper motion to have Levy disqualified. This was just after the court first decided to attempt to restrict the flow of filings in this case (more than 80 documents ago), and rather than obey the court’s order and request leave to file a motion to disqualify, he just filed it, and the judge returned it to him as improper.
But that is not what this is really about. What this is really about, in my humble opinion, is that Paul Levy wrote a fairly devastating blog post last week about the case. Really, seriously, read all of it. Not only was that pretty harmful to Brett’s public reputation (based on facts that cannot be denied), but it was pretty widely read. For instance, it was Instalanched. And it was WashingtonPostalanched, via the Volokh Conspiracy. Long time readers know that Mr. Volokh helped me out last year when Brett obtained a blatantly unconstitutional peace order forbidding me to even mention Brett Kimberlin’s name for six months.
Contrary to counsel’s argument, Ace of Spades engaged in wholesale and per se defamation against Plaintiff, not once, but multiple times. . . . For example, he falsely stated, imputed and published in five articles that Plaintiff committed the crime of “swattings,” that he was involved with “terrorism” and “murder,” that he was trying to “kill” people,” that he is a “thug” and “nefarious,” that he is running “scams,” that he is engaged in “lawless vigilantism,” the he is involved with “ongoing crimes,” that he is engaged in “alarming harassments,” that he is a “menace,” that he is a “one-man crime wave,” the he is “escalating” his criminal activities, that he is engaged in a “crime in progress,” that he is “abusing and corrupting” the justice system, that his life is one of “escalat[ing] risk taking,” that he is “a dangerous man,” that he is engaged in “digital” and “real life terrorism,” that he is a malicious threat to society,” and that he is engaged in “lawfare.” Not only did Ace of Spades make these defamatory statements and publications, he demanded action by others, including Congress, to stop Plaintiff through various actions including passing a bill of attainder. His publications were a call to arms against Plaintiff based on defamatory hysteria — either stop Plaintiff or terrible things will happen. Ace of Spades was using his defamatory statements to destroy Plaintiff by any means.
To which Ace’s lawyer should reply: “You mad, bro?”
“I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money . . .”
— Brett Kimberlin, Oct. 10, 2010
It seems that Brett Kimberlin considers it his full-time job to bother judges with bullshit claims that are doomed to fail.
— Robert Stacy McCain (@rsmccain) August 5, 2014
Why did Brett Kimberlin insist on making that Twitter message a part of the public record in his $1 million lawsuit? I don’t know.
Just reporting the facts here, folks.
Maybe you think Brett Kimberlin is a nefarious thug and a malicious threat to society, and nobody is preventing you from researching Kimberlin’s criminal career and judging for yourself. Whatever you do, don’t include a Pedobear cartoon of Kimberlin in a Twitter message, or the (alleged) “one-man crime wave” might sue you for a million dollars.
Consider yourself warned.