Since the production crew is off at CPAC this week, Blognet will not be presented this week. Tune in next Friday at 6 pm ET for the next episode.
I think so, Brain … but even with Popeye’s endorsement, I’m not sure there’s much of a market for spinach-flavored popsicles.
It appears that The Dread Pro-Se Kimberlin has reverted to being The Dread Pirate Kimberlin and has taken steps to attempt to achieve control of the National Bloggers Club. Since TDPK alleges that the NBC is a racketeering enterprise, I suppose Kimberlin intends to add its nefarious operations to his existing suite of corporate entities.
Also, is he now suing himself?
This may get to be interesting.
This picture was taken by the HiRISE camera on the Mars Reconnaissance Orbiter last January. It shows Mars’s northern-most sand dunes beginning to emerge from their winter cover of seasonal dry ice (frozen CO2). The dark, bare south-facing slopes are soaking up the warmth of the sun. The steep downwind sides of the dunes are also ice-free along the crest, allowing sand to slide down the dune. The dark areas are places where ice cracked earlier in the spring, releasing sand. Eventually, the dunes will be completely bare and all signs of spring activity will be gone.
Image Credit: NASA
I think so, Brain … but Kermit says that time is fun when you’re having flies.
The Dread Pro-Se Kimberlin has been given until close of business today to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.
The motion filed on behalf of Erick Erickson, RedState, James O’Keefe, and Simon & Schuster points out that TDPK’s RICO Madness is a SLAPP suit (Strategic Lawsuit Against Public Participation.)
When faced with a SLAPP suit, a court must dismiss the case “as soon as practicable.” Md. Code Ann., Cts. & Jud. Proc. § 5-807(d)(1).30 A lawsuit is a SLAPP if it is:
- “Brought in bad faith against a party who has communicated with . . . the public at large . . . to report on, comment on . . . or in any other way exercise rights under the First Amendment of the U.S. Constitution or Article 10, Article 13, or Article 40 of the Maryland Declaration of Rights regarding . . . any issue of public concern”;
- “Materially related to the defendant’s communication”; and
- “Intended to inhibit or inhibits the exercise of rights under the First Amendment…”
Id. § 5-807(b). The statute was amended in 2010 to immunize defendants from liability for commentary on “any issue of public concern” where a suit is brought against them in bad faith.
A suit is brought “in bad faith” if it is filed “vexatiously, for the purpose of harassment or unreasonable delay, or for other improper reasons.” Inlet Assoc. v. Harrison Inn Inlet, Inc., 596 A.2d 1049, 1056 (Md. 1991). The evidence that this suit was brought in bad faith is manifest from the Amended Complaint itself, a shotgun-style pleading that indiscriminately hurls various, unrelated claims against a slew of defendants without stating supporting facts or even identifying which defendants are liable for which charges. The “vexatious” and “improper” allegations include defamation claims that are plainly barred by the statute of limitations, a meritless fraud claim that Kimberlin already has voluntarily dismissed, a RICO claim against journalists, news websites, and a book publisher for whom the alleged racketeering acts involve exercise of their First Amendment rights, and a claim under the Civil Rights Act of 1871, despite no allegation whatsoever of any invidious racial or class based animus. This lawsuit is an obvious attempt to bully commentators and “inhibit the exercise” of First Amendment rights. It is a classic SLAPP.
TDPK’s lawsuit is anti-First-Amendment thuggery.