The Other McCain

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

Sue Me Again, You Evil Liar

Posted on | August 13, 2014 | 70 Comments

“Brett Kimberlin is a pedophile,” Ali A. Akbar said Tuesday in Montgomery County Circuit Court, as he concluded his argument for dismissing the notorious bomber’s $1 million Maryland defamation lawsuit, Kimberlin v. Walker, et al. Forty-five minutes later, Judge Eric Johnson issued his ruling, finding in favor of the defendants: bloggers Aaron Walker and John Hoge, Akbar and me.

The two-day trial concluded without the defendants ever having to put on the case for our innocence. Kimberlin presented his case — calling all four defendants as witnesses, presenting examples of our writing and even putting his own 15-year-old daughter on the witness stand to testify she was never molested by her 59-year-old father. When the plaintiff rested his case, the defense moved for dismissal.

Attorney and free-speech advocate Ken White writes at Popehat:

After the close of Kimberlin’s day of “evidence,” the judge granted a motion for a directed verdict against him. Under Maryland law, that means the judge necessary found “a total failure of legally sufficient evidence to prove” Kimberlin’s remaining defamation claim. The judge didn’t just find Kimberlin’s evidence unpersuasive; he effectively found it irrelevant. . . .
Furthermore, even though the court ruled that Kimberlin could testify on his own behalf (despite a statute suggesting that people convicted of perjury may not), Kimberlin did not testify. Perhaps he was concerned about how testifying would expose him to a cross-examination that would lovingly recount his history of lawlessness, sociopathy, and crazed litigiousness. Perhaps he recognized the risk of a new perjury charge. Perhaps he realized that he would look ridiculous questioning himself. Perhaps he never planned to, and the purpose of this was always mere harassment. . . .
This result bodes well for Kimberlin’s remaining ludicrous and vexatious claims in federal court against a wide variety of people and institutions. The federal court will see the result and, no doubt, view Kimberlin with even more skepticism. The state ruling may have legal effect in the federal case — let’s let Brett Kimberlin discover why and how. And, most importantly, the trial shows that for all his braggadocio about having filed a hundred suits, Brett Kimberlin is too nutty and disorganized to do even a half-assed job in court. If only one could litigate by drug dealing, perjuring, and blowing the leg off innocent bystanders, he would have been an elite courtroom attorney.

Judge Johnson’s ruling Monday to let Kimberlin testify despite his 1973 perjury conviction (see chapter 7, pp. 46-50, of Kimberlin’s 1996 authorized biography, Citizen K) was the divine green light for Ali Akbar’s decision to go pro se, representing himself at the trial. Our highly competent attorney, F. Patrick Ostronic, had represented us pro bono since Kimberlin filed his meritless and vexatious suit nearly a year ago. Ostronic’s handling of pre-trial motions was as extraordinarily skillful as Kimberlin’s was inept. For example, Ostronic successfully argued that several of the allegations that Kimberlin made in his lawsuit — conspiracy, stalking, harassment, yadda, yadda, yadda — simply were not recognized as causes for civil claims under Maryland law. Stalking and harassment are crimes, not torts, and by suing us for these claims, Kimberlin was effectively attempting to appoint himself as prosecuting attorney, a role the infamous felon clearly covets for himself.

Any student of Christian theology knows that Satan is always the accuser, torturing us with the guilt of our sins, dishonestly attempting to convince us that our wickedness places us beyond the help of God’s grace. At the Day of Judgment, confronted by the infinite righteousness of God, we shall be unable to save ourselves from eternal destruction, except to claim the blood of Jesus as having atoned for our sins. Thus, to become a Christian requires first that we acknowledge what wretched sinners we are — “total human depravity,” in Calvinist doctrine, “sinners in the hands of an angry God,” as Jonathan Edwards so memorably phrased it — utterly helpless to deserve salvation by our own merit, and completely dependent on God’s mercy.

Jesus taught his disciples to pray that God’s will may be done “on earth as it is in heaven,” and there are times when divine providence is made so apparent by signs and wonders that the faithful may see the earthly path that God shows. So there was a lot of prayer Monday night, and it was as if God himself was telling Ali to go pro se. When Ali announced this decision in the courtroom, Judge Johnson called him, Ostronic and Kimberlin to the bench where, in a conference, the judge urged Ali to reconsider, and Kimberlin (himself proceeding as his own attorney) actually tried to argue that Ali shouldn’t be allowed to represent himself.

Bingo.

This is what poker players call a “tell.” Kimberlin’s haphazard and arguably unethical methods as a pro se plaintiff have been a weapon in his nearly four-year lawfare campaign against his critics, dating back to October 2010, when he sued Seth Allen and threatened to sue Patrick “Patterico” Frey and Mandy Nagy, writing in an e-mail to Patterico:

“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 . . .”

Judges don’t want to do anything prejudicial to a pro se litigant, which might allow him to appeal on the basis of perceived unfairness. In effect, this means that judges have seemed at times to bend over backward on Kimberlin’s behalf, cutting him breaks that a professional lawyer could never expect to get. No matter how dishonest and unethical he may be, as a pro se litigant, Kimberlin never has to worry about being disbarred. In some sense, then, a professional attorney is at a disadvantage against Kimberlin, who not only acquired vast experience as a “jailhouse lawyer” during his 17 years in federal prison, but is also absolutely shameless in the deceitful methods he employs while pursuing vexatious lawsuits to harass, discredit or intimidate his critics.

So when Ali Akbar announced he was going pro se,  Kimberlin became visibly agitated by the prospect of going up against a defendant who might be similarly uninhibited by legal niceties.

Ask yourself this: If Kimberlin had fought so hard to overcome the prohibition on testimony by convicted perjurers, why didn’t Kimberlin ever actually testify at the trial? Do you think that maybe Kimberlin feared cross-examination by the crafty Ali Akbar, who might ask questions to which Kimberlin — as both witness and lawyer — would be compelled to object, or plead the Fifth Amendment?

The verdict: The innocent defendants won, evil lost, and Brett Kimberlin has vowed to continue his litigious harassment:

The trial transcript and audio will cost more than $900 — readers are urged to go to BomberSuesBloggers.com and chip in $10 or $20 to help defray that expense — so we’ll have to wait to get the official highlights of the trial, including my own “colorful” testimony, and Ali Akbar’s masterful arguments. (Hint: Ali was a champion debater and mock trial participant in high school.) But the bottom line is this: Brett Kimberlin lost, and lost badly, because lies can never ultimately prevail in battle against the truth, nor can evil ever hope to triumph where good men have courage and trust in that great Truth that is eternal and infinite.

To God be the glory. Selah.




 

Category: The Kimberlin Files

Comments

70 Responses to “Sue Me Again, You Evil Liar”

  1. Anon Y. Mous
    August 13th, 2014 @ 3:53 pm

    Congratulations on you well deserved victory!

    I don’t understand the advantage to Ali Akbar going pro se so late in the process. My reading of this whole thing, as a non-lawyer, has been Kimberlin’s pro se advantage was in the way his filings were treated throughout this extended process. His goal has been to stretch this whole thing out to make it more painful for you and your co-defendants. So, for him, mission accomplished. But, any question that Akbar asked that was out of bounds would just get ruled out by the judge. How would he have been able to do anything his lawyer would not have been able to do?

  2. Paul H. Lemmen
    August 13th, 2014 @ 3:53 pm

    May the blessings of God also spread to the RICO suit via Collateral Estoppel. I’m very glad this has come to pass. I am joyous in fact.

  3. Ivory
    August 13th, 2014 @ 3:58 pm

    If there is ever an instance for a tattoo, Stacy, this one may be it. To God be the glory indeed. Thanks to you and your partners for standing up for righteousness and Free Speech!

  4. robertstacymccain
    August 13th, 2014 @ 3:59 pm

    Akbar can explain it. As crazy as it may seem, if you were unfamiliar with everything involved, from Ali’s perspective, it was not merely sane, but brilliant.

  5. Paul H. Lemmen
    August 13th, 2014 @ 3:59 pm

    Directly question Brett regarding homophobic and racial tweets, slurs, etc. that would not have the same affect if asked by the attorney of record and not the individual those attacks were made against. Instead of one person cross examining Brett, there would be two.

  6. Slam1263
    August 13th, 2014 @ 4:03 pm

    Congrats, victorious justice!

  7. JeffS
    August 13th, 2014 @ 4:07 pm

    Yay!

  8. Dianna Deeley
    August 13th, 2014 @ 4:15 pm

    Congratulations, Stacy!

    PS – Have a look at Bomber Sues Bloggers and your tip jar!

  9. ChandlersGhost
    August 13th, 2014 @ 4:20 pm

    Congrats Stacy.

  10. RosalindJ
    August 13th, 2014 @ 4:21 pm

    Congratulations. I look forward to the exposition of Ali’s work. Still looking at the Federal case, yes?

  11. Stogie Chomper
    August 13th, 2014 @ 4:22 pm

    Stacy, I have begun trying to help White’s “Crowd Sourcing” approach to getting Kimberlin adjudged a “vexatious litigant.” I found some interesting things about BK in online “for pay” databases, and have emailed pdf copies of the reports to you and Ali. Take a look when you can.

    And CONGRATULATIONS on defeating the little twirp in court.

  12. Ali A. Akbar
    August 13th, 2014 @ 4:26 pm

    Thank you for your continued friendship and support Dianna. You are a saint!

  13. texlovera
    August 13th, 2014 @ 4:26 pm

    That was a stompin’….

  14. badanov
    August 13th, 2014 @ 4:31 pm

    I am glad you beat the bastard back.

  15. Katie Scarlet
    August 13th, 2014 @ 4:31 pm

    It was a great day. I love when the good guys win.

  16. McGehee
    August 13th, 2014 @ 4:38 pm

    It’s not what I wish had blown up in Kimberlin’s face, but it’ll do for now.

  17. JadedByPolitics
    August 13th, 2014 @ 4:45 pm

    I gave but that is coming out of the drink money when you finally have a meet up 🙂

  18. Mm
    August 13th, 2014 @ 4:53 pm

    Congratulations!

  19. ChubbyBubba
    August 13th, 2014 @ 4:56 pm

    “Parties may be estopped from litigating determinations on issues made in prior actions. The determination may be an issue of fact or an issue of law.
    Preclusion requires that the issue decided was actually and necessarily
    decided as part of a valid final judgment. Valid final judgments of
    state courts are given preclusive effect in other state and federal
    courts under the Full Faith and Credit Clause of the U.S. Constitution.” From: https://en.wikipedia.org/wiki/Collateral_estoppel

    I would guess that the Federal action could be stayed pending the exhaustion of appeals in the state action, now that there has been a verdict at that level. Once BK has exhausted his appeals for the state case, then the defendants need to show that the Federal case relies largely on the same allegations as made in the state case. If the Federal judge accepts that, then estoppel would certainly apply.

  20. Evi L. Bloggerlady
    August 13th, 2014 @ 5:09 pm

    I am glad it worked out. Providence!

  21. RS
    August 13th, 2014 @ 5:15 pm

    Congrats on the win. I know you’ve expressed frustrations about the length of the process, but a judgment is better than a dismissal. By having a trial and letting a jury get sworn, the judge did you a favor in the long run.

    BTW, I don’t know about Maryland, but in my jurisdiction, the appellant pays for the transcript for all parties. It keeps frivolous appeals to a minimum.

  22. M. Thompson
    August 13th, 2014 @ 5:24 pm

    If I wasn’t paying for textbooks, I’d slip a few your way.

  23. TheOtherAndrewB
    August 13th, 2014 @ 5:30 pm

    This verdict almost…ALMOST…restores my faith in American justice. Congratulations on a well-deserved win. The pedant in me, however, requires me to point out that it was another Puritan divine, Jonathan Edwards, who wrote of “a sinner in the hands of an angry God.” And I trust that Jehovah is dangling a particular spider over the flames…

  24. WJJ Hoge
    August 13th, 2014 @ 5:41 pm

    We will need a certified copies of the transcript and the judge’s order for use in the Kimberlin v. The Universe, et al. RICO Madness.

    Can you say collateral estoppel?

    And, yes, all is proceeding as I have foreseen.

  25. Paul H. Lemmen
    August 13th, 2014 @ 5:43 pm

    😀

  26. PatDissent
    August 13th, 2014 @ 5:48 pm

    Yea, there was much butthurt amongst the Kimberlites; there was much weeping, wailing and gnashing of teeth. Verily, the butthurt did cause them to rend their garments and loudly wail their lamentations. Lo, they were sore lost to explain the coming of the butthurt.

  27. Katie Scarlet
    August 13th, 2014 @ 5:49 pm

    Me too. When is that BTW?

  28. Kimberlin v. Walker, et al. Wrap Up Posts | hogewash
    August 13th, 2014 @ 5:50 pm

    […] The Other McCain: here […]

  29. Hammer
    August 13th, 2014 @ 5:59 pm

    Sinners in the hands of an angry God was Jonathan Edwards. Congrats on the righteous victory.

  30. Dianna Deeley
    August 13th, 2014 @ 6:00 pm

    Thank you, but I’m hardly a saint.

  31. Evi L. Bloggerlady
    August 13th, 2014 @ 6:12 pm

    Yes you are Dianna!

  32. JadedByPolitics
    August 13th, 2014 @ 6:37 pm

    They haven’t said, they asked we answer affirmative YES lets have a meet up, I am pushing that button today 🙂

  33. The Fountainhead’s Howard Roark’s Closing Argument | Batshit Crazy News
    August 13th, 2014 @ 6:38 pm

    […] advice is almost always right, but did Ali get inspired by […]

  34. Dianna Deeley
    August 13th, 2014 @ 6:41 pm

    *Blush*

  35. Quartermaster
    August 13th, 2014 @ 7:24 pm

    “But the bottom line is this: Brett Kimberlin lost, and lost badly,
    because lies can never ultimately prevail in battle against the truth,….”

    Alas, in this life, lies often do triumph.

  36. Quartermaster
    August 13th, 2014 @ 7:28 pm

    Ken White thought it was a very bad idea going pro se when he did. He did not feel that the way it turned out was vindication of Akbar either. I can see this going either way, but have to defer to the man on the ground at the time.

  37. TotallyPeeved
    August 13th, 2014 @ 7:35 pm

    Outstanding news! A welcome break from the usual insanity.

  38. Bob Belvedere
    August 13th, 2014 @ 7:38 pm

    THIS.

  39. Bob Belvedere
    August 13th, 2014 @ 7:41 pm

    But the butthurt came…

  40. reliapundit
    August 13th, 2014 @ 7:55 pm

    “… lies can never ultimately prevail in battle against the truth, nor can evil ever hope to triumph where good men have courage and trust in that great Truth that is eternal and infinite.

    To God be the glory. Selah.”

    AND AMEN, BROTHER!

  41. #ButtHurt Bomber Beaten By Bloggers | Zilla of the Resistance
    August 13th, 2014 @ 8:17 pm

    […] his homepage HERE and scroll around for many more posts on this matter. Stacy McCain has his say, HERE, do not miss […]

  42. Zilla of the Resistance
    August 13th, 2014 @ 8:27 pm

    Congratulations!
    and..
    linked:

    #ButtHurt Bomber Beaten By Bloggers

    http://marezilla.com/2014/08/butthurt-bomber-beaten-by-bloggers/

  43. Wombat_socho
    August 13th, 2014 @ 8:48 pm

    …

  44. Wombat_socho
    August 13th, 2014 @ 8:48 pm

    The operative word in that sentence was “ultimately”.

  45. robertstacymccain
    August 13th, 2014 @ 9:11 pm

    I’ve corrected the error.

  46. Zohydro
    August 13th, 2014 @ 9:44 pm

    Well… Now that that our long blogospheric nightmare is over, it’s time for our acclaimed host to GET ON WITH IT! Our new groupies from Autostraddle are thoroughly moist in anticipation of the next post…

  47. Pablo
    August 13th, 2014 @ 10:01 pm

    Ah, ferget the Res Judicata tat and consider one that says “The Buck Estops Here”

    Congrats, and well wishes for the next round.

  48. NSDA
    August 13th, 2014 @ 10:55 pm

    As a prosecutor, there are certain cases that I DREAD dealing with pro pers on. In certain cases, they have a distinct advantage. They can put all sorts of irrelevant and inflammatory testimony infront of a jury in the questions they ask. “Isn’t it true that when you arrested me you knew your snitch was a prostitute? ”

    The worst, though, is the pro per/ competent attorney combo. When one co- defendant is represented, and one is pro-per, they double-team you. The according-to-Hoyle lawyer gets to play the learned pro and do all the law-fu, while the pro-per contaminates the record ant the jury with all the nonsense. I never let that happen- I always split them up.

    The convicted terrorist bomber that perjures himself and has a history of actions that some describe as pedophilia recognized that Ali going rogue was an existential threat, and wisely shut up.

    If I was in Ali’s shoes, I would have not been so bold (bordering on recklessness, truth be told.) But I admire the heck out of him for doing it!!!!!

  49. Dewclaw
    August 13th, 2014 @ 11:43 pm

    I am beyond ecstatic for all the defendants in this abortion of a lawsuit. I was praying mightily for you all.

    As for the Federal abortion of Justice you still face, I will repost what I posted at Hoge’s place the night before the trial (my favorite verse… got me through 3 years of Iraq and Afghanistan):

    Blessed be the LORD, my rock, who trains my hands for war, and my fingers for battle.
    ~Psalm 144:1~

  50. Evan3457
    August 13th, 2014 @ 11:51 pm

    Very happy for you and your allies, R.S.
    Congratulations