The Other McCain

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

In Which Brett Kimberlin Presumes to Lecture U.S. Judge Paul Grimm

Posted on | March 25, 2014 | 22 Comments

The Pro Se Pipsqueak’s astonishing arrogance:

ECF 113–BK Letter Insulting Judge Grimm

Now, there is a fairly complicated story behind all this — you can read my post last night to catch up on the latest in the perjuring bomber’s bizarre RICO lawsuit, which John Hoge has dubbed Kimberlin v. the Universe, et al. — but there was a lot of confusion after Judge Grimm issued his Feb. 21 letter order in the case. The judge clarified the situation in another letter order last week, and how does Brett Kimberlin react? He insults the judge, as Aaron Walker explains:

In any case, it was a trivial typo given that both dates had passed and it was dishonest of Brett to pretend that this was like a fabricated quote, or something.
And it was more than dishonest. It gave the judge a first-hand taste of how Brett twists facts. Often Brett will take something with a kernel of legitimacy and twist it into something it was not. For instance, Seth Allen really did write in an email “maybe I should murder him” (meaning Brett). That was legitimately wrong and Mandy Nagy was right to report him to the police. But Brett just twisted it first into a threat (it’s not a threat if you don’t communicate to the target) and then complaining that Patrick and I didn’t report it to the police even though Mandy told us she was going to do that, and then told us after she did it. Why would we need to call the police when we know someone else was doing it? So there is a kernel of legitimacy there, but it is all twisted around.
And now Judge Grimm is seeing first-hand how Brett does that.

Thanks to Stephen Sheiko for pointing out that Judge Grimm’s March 5 Case Management Order made the situation clear:

What Judge Grimm has witnessed is what we have been dealing with for months, namely Brett Kimberlin’s sociopathic dishonesty:

[A] plaintiff who was described in 1999 by Slate as “the convicted bomber, habitual liar, and all-around sociopath who claimed to have sold drugs to Dan Quayle.” . . .
Brett Kimberlin . . . was notorious as a liar before I ever wrote one word about him.

“. . . a world-class liar . . .”

“. . . a top-flight con man . . .”
— Publisher’s Weekly

“. . . a man whose idea of the truth is utterly malleable
. . . a dangerous smooth talker . . .”

— Kirkus Reviews

Kimberlin’s habitual dishonesty is arguably his most notable personality trait, as abundantly demonstrated in this case. Here are two paragraphs from his Second Amended Complaint:

What Brett Kimberlin is actually arguing here is that once he sues somebody, they’re supposed to shut up and not even mention that they have been sued by him. You cannot even publicly proclaim your innocence or offer evidence in your defense. As for the March 1 post cited by Kimberlin in Paragraph 138, go read it yourself: “Kevin Zeese, Neal Rauhauser and the ‘Occupy Infiltrator’ Frame-Up.” Is this a defamatory “attack” on Brett Kimberlin? Have I falsely “imputed” anything that is not reasonably construed from available evidence?

Of course I haven’t, and even if Judge Grimm doesn’t dismiss Kimberlin’s suit in its preliminary stages, there is zero chance that Kimberlin could prove I have “defamed” him, because I haven’t. This explains why I haven’t been bothering Judge Grimm with any filings in this case, other than a brief Motion to Dismiss. First, and most obviously, I believe that my co-defendants and their lawyers have already pointed out fatal flaws in Kimberlin’s suit, so that it is likely to be dismissed anyway. Second, I know I’m innocent — truth is the ultimate defense. And third, as a pro se defendant, I have hesitated to file anything for fear I’d make some rookie error that would cause Judge Grimm to strike my filing or deny my motion, and thus inadvertently provide Kimberlin’s admirers like Bill Schmalfeldt cause to gloat. Ultimately, of course, I know how this story ends: I win, and Kimberlin loses. But I won’t give Schmalfeldt & Co. even a moment of transitory satisfaction in the meantime.

John Hoge has filed his motion in opposition to Kimberlin’s Second Amended Complaint, pointing out a few of Kimberlin’s egregious violations of Local Rule 103.6.

UPDATE: Aaron Walker’s opposition to the motion to amend:

Opposition to Leave to Amend (SAC)02 Redacted

He cites more than two dozen violations of Local Rule 103.6, which Judge Grimm specifically admonished Kimberlin to observe.



22 Responses to “In Which Brett Kimberlin Presumes to Lecture U.S. Judge Paul Grimm”

  1. RULE 11 and Brett Kimberlin | Batshit Crazy News
    March 25th, 2014 @ 8:04 pm

    […] TOM: Kimberlin lectures the Judge? […]

  2. DaveO
    March 25th, 2014 @ 8:08 pm

    Wonder if BK is transferring his property to another person in case Hizzoner drops the gavel on him.

  3. G Joubert
    March 25th, 2014 @ 9:18 pm

    If I were him I’d be far more worried about being prosecuted for forgery and fraud, and/or having my parole revoked.

  4. RICO Madness Update | hogewash
    March 25th, 2014 @ 9:18 pm

    […] UPDATE 4—Stacy McCain chimes in here. […]

  5. WJJ Hoge
    March 25th, 2014 @ 9:24 pm

    I’ve often remarked concerning The Dread Pro-Se Kimberlin’s RICO Madness that “All is proceeding as I have foreseen.” I didn’t see this coming. TDPK’s case may now be unravelling more quickly than I foresaw.

  6. joethefatman
    March 25th, 2014 @ 9:25 pm

    The condescension is fairly dripping in the last line. Of course the entire letter is condescending, but that last line ought to pi$$ the judge off.

  7. anon
    March 25th, 2014 @ 9:40 pm

    ‘Hey Judge, you’re a moron’ is a #winningmove /sarc

  8. WarEagle82
    March 25th, 2014 @ 9:43 pm

    It is a good thing that TDPK is around to help clear up the judge’s opinions on the judges opinions and letters and decisions.

    I had no idea he was so thoughtful and insightful.

    The judge is so very lucky to have him in his corner…

  9. Aaron Walker
    March 25th, 2014 @ 9:44 pm

    btw, my opposition to his motion for leave to amend, here:

  10. sarah wells
    March 25th, 2014 @ 9:59 pm

    That’s… well. just… astonishing.

  11. rather be anon
    March 25th, 2014 @ 10:15 pm

    Maybe you know about it, but Brett Kimberlin already did something like this. It was in the 90s when he was avoiding paying DeLong like he was ordered to. He had his relatives sue him into bankruptcy. He got his parole revoked for it, but for some damn reason they let him out again in 2001.

  12. Doug Kirby
    March 25th, 2014 @ 10:17 pm

    Actually, IIRC his parole was revoked because he lied on a mortgage application.

  13. rather be anon
    March 25th, 2014 @ 10:19 pm

    Well, I thought that was only one of the reasons.

  14. Doug Kirby
    March 25th, 2014 @ 10:24 pm

    Perhaps so. I didn’t read the book. From what I heard, he just kept hiding his money and refusing to pay the restitution until the widow finally gave up trying to get it.

  15. rather be anon
    March 25th, 2014 @ 10:28 pm

    I wonder if she knows about how Brett Kimberlin made himself 20+ new enemies in court late last year.

  16. Adjoran
    March 25th, 2014 @ 10:51 pm

    What this or some other judge has to realize is not that Kimberlin is filing nuisance suits, that is obvious. They need to understand that his object is costing his targets money, not winning any cases, and that it will continue until it is stopped.

    Throwing out a case isn’t enough. He needs to be designated a “vexatious litigant,” which, once established at the federal level, will be accepted automatically by many states, I think including Maryland. That designation would require a court’s permission for every single legal filing. An administrative judge or master would review every filing to ensure it met the criteria set by the court, in the case of lawsuits “probability of success” is high on the list, which would kill virtually all his nuisance suits.

    It would also put a damper on nonsense like his assault charge against Walker (although this may not be the case in Maryland).

    Once that weapon is taken from him, he can be fully exposed for the lying criminal he is.

  17. Wombat_socho
    March 25th, 2014 @ 11:10 pm

    From your lips to God’s (and the judge’s) ears.

  18. rmnixondeceased
    March 26th, 2014 @ 6:52 am

    This is the reason he receives so little in direct compensation from his ‘work’ running JTMP and VRUS. Both non-profits exist to provide Brett with a money laundering system to allow him to live very well without having to comply with the restitution order of the court. It’s all a shell game, one that will finally implode on him if the instant case goes forward into discovery. Brett’s antics recently have given rise to the defendants ability to ‘pierce the corporate veil’ of his non-profits.
    By registering a name hold request with the State of Texas Secretary of State in the name of VRUS and signing his name under penalty of perjury as an officer or director of VRUS, Brett, who is not an officer, director or even a key employee of VRUS according to their 990’s, clearly demonstrated that VRUS is his playtoy and piggy-bank for his personal attacks and lawfare activities.

  19. Quartermaster
    March 26th, 2014 @ 6:59 am

    Emperor Palpatine’s forseer isn’t working at quite peak efficiency.

  20. CrustyB
    March 26th, 2014 @ 7:43 am

    It’s just a misunderstanding. The judge issued a letter order and Kimberlin doesn’t understand that.

  21. Aaron Walker
    March 27th, 2014 @ 1:28 am

    I do believe the judge has reversed himself. so do most of the lawyers. but over at Hoge’s site, some non lawyers make non-laughable cases that we all missed a nuance. i don’t buy it, but they aren’t off their rockers or anything.

  22. FMJRA 2.0: Circle Of Signifiers : The Other McCain
    March 30th, 2014 @ 5:17 pm

    […] In Which Brett Kimberlin Presumes to Lecture U.S. Judge Paul Grimm […]