The Other McCain

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

Brett Kimberlin Gets Spanked

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.

You can read the whole thing. Aaron also discusses the “scattered” thinking behind Brett’s motion in regard to Ace’s anonymity, from which I’ll quote this little sample paragraph:

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

By the way, in one of his motions in the separate Maryland state case Kimberlin v. Walker, et al., this is Kimberlin’s Exhibit A:

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.





25 Responses to “Brett Kimberlin Gets Spanked”

  1. Dianna Deeley
    August 5th, 2014 @ 4:35 pm

    Or: “Swing and a miss!”

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    August 5th, 2014 @ 4:45 pm

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  3. sarah wells
    August 5th, 2014 @ 4:51 pm

    Nice try, Brett.

  4. Evi L. Bloggerlady
    August 5th, 2014 @ 4:51 pm

    Brett Kimberlin: “Waaaaaaaaaaa!”

  5. sarah wells
    August 5th, 2014 @ 4:52 pm

    Anyway, the little scammy one tried to scam the judge worse than that. I will be surprised if the judge takes it with a shrug.

  6. texlovera
    August 5th, 2014 @ 4:53 pm

    Isn’t it about time to have an “Everybody Blog Again about Brett Kimberlin Day”?

    Because Lord knows the dude is stupid enough to give you plenty of material to blog about….

  7. So you maybe are thinking, what has Neal Rauhauser been up to? | Batshit Crazy News
    August 5th, 2014 @ 4:53 pm

    […] TOM: Brett Kimberlin gets spanked […]

  8. sarah wells
    August 5th, 2014 @ 4:57 pm

    I don’t think for a moment Brett Kimberlin forgot, for a moment, his motion had been booted for non-compliance with the case management order.

    He was just trying to be a spoiler and cause the judge to think ill of Mr. Levy for writing in public about him. He knows he has no means to disgualify him, too.

  9. Aaron "Worthing" Walker
    August 5th, 2014 @ 5:47 pm

    I want to officially reply on the issue of Exhibit A.

    Brett is offended that I suggested that Mohammed was a bigger pedophile than Brett Kimberlin.

    In the name of burying the hatchet, I hereby take it back. It was terrible to diminish Brett’s reputation by writing that. Brett is clearly the bigger pedophile.

    Hopefully with that all cleared up, Brett will withdraw his lawsuits…

  10. Quartermaster
    August 5th, 2014 @ 6:13 pm

    The Judge should spank him. With an Axe!

    I can’t believe that a Maryland and a Federal Court are allowing their time to be wasted like this. It says terrible things about both court systems.

  11. Quartermaster
    August 5th, 2014 @ 6:14 pm

    I dunno. He seems pretty butt hurt. Not as much as RSM from time to time, but still, pretty bad.

  12. WJJ Hoge
    August 5th, 2014 @ 6:16 pm

    All is proceeding … oh, you know the rest!

  13. Mm
    August 5th, 2014 @ 6:41 pm

    You’re not intimidated by him, and that appears to be getting under his skin.

  14. Summer Fun – Brett Kimberlin Gets Spanked In Court | The Lonely Conservative
    August 5th, 2014 @ 7:39 pm

    […] Take a few moments away from worrying about the ebola scare, illegal immigrants pouring across our southern border and a White House that just can’t seem to amass enough power to bask in the joy of victory for some good guys. […]

  15. gastorgrab
    August 5th, 2014 @ 8:49 pm

    In my opiinin, Brett has cultivated his activism into a celebrity status, and he no longer has the same standing that a private person has.

    Celebrity status invites a certain degree of mud slinging, just as it enables an activist to reach a broader audience. There are advantages and disadvantages to being a celebrity. But Brett wants to pick and choose. The thinking public is not allowed to dislike or disagree with his opinion.

  16. Bob Belvedere
    August 5th, 2014 @ 8:52 pm

    Because you, John Hoge, never rest.

  17. SPQR9
    August 5th, 2014 @ 10:12 pm

    No, I truly think that Kimberlin is baffled at how Levy could possibly represent someone else. Truly baffled, because in his sociopathic personality, he’s baffled whenever the world does not follow his orders.

  18. sarah wells
    August 5th, 2014 @ 10:47 pm

    I believe the baffled part, not the forgetting the court booted his motion part.

  19. Mike G.
    August 5th, 2014 @ 11:45 pm

    Kimberlin seems to enjoy being spanked. Makes one wonder if he has masochistic tendencies.

  20. Dianna Deeley
    August 5th, 2014 @ 11:47 pm

    He planted a series of bombs.

    Brett Kimberlin is not an “activist”, but a bomber.

  21. Ron Noyfb
    August 6th, 2014 @ 12:40 am

    Idiot needs a 20000000 v tazer to the balls but he would probably like it since he is a bottom.

  22. gastorgrab
    August 6th, 2014 @ 4:56 am

    Doesn’t the leftist definition of ‘Activist’ usually include criminal activity, up to and including murder?

  23. Irish Hoser
    August 8th, 2014 @ 9:06 pm

    KimberlinRauhauserCharles F. Johnson

    Sorry. Just had to go there.

  24. Irish Hoser
    August 8th, 2014 @ 10:54 pm

    All Roads Lead To Jazzy — Andrew Breitbart

  25. How to win a battle of wills with prayer — Cynthia Yockey, A Conservative Lesbian
    August 11th, 2014 @ 5:40 am

    […] the story leading up to the lawsuit. You can get reasonably caught up, if you are curious, reading Stacy’s recent post and the posts he links. The summary version is that Kimberlin waged war against a few conservative […]