Patterico's Pontifications

10/21/2013

Convicted Bomber and Perjurer Brett Kimberlin Sues Patterico, Michelle Malkin, Glenn Beck, James O’Keefe, Erick Erickson, And Pretty Much the Entire Conservative Blogosphere

Filed under: General — Patterico @ 7:24 am



As many of you may have already heard, I am one of 20 defendants in a lawsuit filed by Brett Kimberlin in federal court in Maryland. Kimberlin has sued myself, Michelle Malkin, Glenn Beck, James O’Keefe, Erick Erickson, Red State, Simon and Shuster, Stacy McCain, Aaron Walker, Lee Stranahan, Bill Hoge, Mandy Nagy, and about eight other people or entities.

We’re accused of violating the federal RICO statute. That means that, according to convicted bomber and perjurer Brett Kimberlin, all of the defendants — Michelle Malkin, Erick Erickson, James O’Keefe, Glenn Beck, Patterico, and the others — are criminal racketeers.

Let that sink in. Brett Kimberlin is calling us criminals.

Sounds like I’m kidding, doesn’t it? Except I’m not.

Ken White has an excellent blog post about the complaint at Popehat.com. He is not kind. You will not be surprised to learn that the lawsuit is packed full of falsehoods, only some of which are revealed by Ken. Ken explains that RICO lawsuits are “mostly used by angry pro se litigants and uncreative and self-serious lawyers.” Kimberlin filed this lawsuit pro se, and readers with long memories may recall it is not his first: he once filed a lawsuit alleging RICO and mail fraud violations over insufficiently provocative pornopraphy. As Ken explains, Kimberlin’s suit is nothing more than a tool of harassment designed to stop people from talking about Brett Kimberlin. And it is dishonest:

In accusing Patrick Frey of acting in his official capacity when he blogs, Kimberlin is knowingly lying to the court. He cites posts in which Frey explicitly states he’s blogging as a private citizen but dishonestly conceals that detail from the court . . . .

. . . .

Kimberlin misrepresents many, if not most, of the swatting stories. Kimberlin suggests that people accuse him of being behind the swattings. But once again, he’s lying to the court about the contents of the posts he complains of. His adversaries — especially the people who were swatted — typically lay out all the evidence, and let their readers decide. Consider this post by Frey, which lays out the pattern of harassment by Kimberlin and his allies against people who criticize him, but leaves the conclusion to readers. Or consider this post, in which Frey actually corrects a media outlet that attributes to him an accusation against Kimberlin . . .

Those are just a few of the blatant lies in Kimberlin’s censorious and dishonest lawsuit.

Like Kimberlin’s past acts of anti-free-speech thuggery, his tactics serve to remind people of the very facts he seeks to bury.

With the filing of this lawsuit, more people will learn that Brett Kimberlin was convicted for setting off numerous bombs, one of which blew off a man’s leg. More people will learn of his dishonest machinations to avoid paying a wrongful death judgment to the widow of the man whose leg Kimberlin blew off — a Vietnam veteran who survived the war, but could not survive the pain of the wounds Kimberlin inflicted. More people will learn that, when he set off those bombs in Speedway, police suspected him of complicity in the murder of a grandmother of a young preteen girl, with whom Kimberlin had had a relationship that many people (including the grandmother) considered inappropriate. More people will learn of Kimberlin’s history of frivolous lawsuits, such as his lawsuit against the Bureau of Prisons, seeking the right to play an electric guitar while serving his federal prison sentence for the bombings. More people will learn how Kimberlin boasted to Mark Singer that he had sabotaged military equipment. More people will learn about Kimberlin’s relentless campaign of harassment against his critics, including outing home addresses and other private details, contacting workplaces, filing frivolous legal actions, filing frivolous State Bar complaints, engaging in thuggish-sounding attempts to dissuade people from helping his victims, and so forth. More people will learn of his history of dishonesty, violence, fraudulent behavior, and general criminality.

Kimberlin’s actions are not rational — but then, “rational” is not a word you would typically use to describe a violent criminal sentenced to 50 years in prison for maiming a man with a bomb.

Anyway, I have been the target of a frivolous lawsuit before, and this one does not frighten me. Ron Coleman (from Likelihood of Confusion) has agreed to be lead counsel. Ron, along with Kenneth P. White (Ken from Popehat), helped me obtain an excellent result in the Nadia Naffe litigation, and I have every confidence that he will be able to obtain the same result here.

Ken White has ideas about ways that you can help. For example, you could help us research Kimberlin’s litigious past, for example, in support of having a motion to have him declared a “vexatious litigant.” Many of the lawsuits in question are so old that they are not in PACER. Trips to local courthouses may be necessary. Another example: you could locate or prepare a transcript of me on the Glenn Beck show, to help us show the judge how Kimberlin is blatantly lying about what I said in that interview. Just to give a couple of examples.

On the advice of counsel, there will be no comments on this post.


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