Brett Kimberlin has bragged about the number of lawsuits that he has filed. His codefendant Neal Rauhauser has written about using the tactic of pro se litigation as a weapon to harass opponents.
We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.
<mockery>So how has that tactic worked when you tried it against a lawyer who was an experienced litigator and who knows his way around the legal system? How are things going for you now that he’s sued you on his home turf?</mockery>
I posted Aaron Walker’s Motion for Sanctions Against Defendant Kimberlin yesterday. Let’s take a look at Count Three, Violations of Va. Code Ann. § 8.01-271.1. That bit of Virginia’s statues requires that when a motion is filed that “it is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of litigation.”
<mockery>That statute is there for the purpose of thwarting lawfare tactics of the sort that Team Kimberlin wishes to use, and it seems clear that Dan Backer, Aaron Walker’s lawyer, has has enough of it. In particular, he is calling TDPK to account for the filing of unrelated material (eg., 23 pages of Eveyone Draw Mohammed cartoons) and for multiple baseless threats of sanctions followed by a baseless sanctions motion. (TDPK’s sanctions motion against Mr. Backer was denied on 5 October.)
So TDPK probably had better resign himself to either discovery or contempt. If he chooses to remain in contempt, he can possibly look forward to the judge ruling that all of the claims in Mr. Walker’s complaint are valid.</mockery>
The hearing on the Walker Motion for Sanctions is a week from today. In a week, we’ll see if TDPK was able to take a day away from his election duties, whatever they are, to defend his interests. We’ll see if he decides to obey the court’s orders on discovery.
Meanwhile, there’s still plenty of unridiculed foolishness left to mock. Considering how this could affect popcorn sales, I’m beginning to wish that I’d invested in Orville Redenbacher. Stay tuned.
Tick, tock, tick, tock, …
I wonder how the alliance between Brett Kimberlin, the apparent sociopath, and, Neal Rauhauser, from media accounts, the man with narcissistic personality disorder [a form of autism] is holding up given the negative turn of events recently. While their pathologies are radically different in nature, they both share the tendency to think of oneself as bulletproof. Thus, they blithefully set out using live fire tactics oblivious to the fact that live fire might be returned in their direction. One has to wonder as to whether besides rethinking their tactics they are rethinking their relation to each other.
Neal Rauhauser in particular seems to have more to lose. He had no direct personal stake in Brett Kimberlin’s reputation, but, seems to have taken a bullet for him nevertheless. Before all this occured, Brett Kimberlin labored under a million dollar judgment. Rauhauser was a few thousand bucks behind on his child support. Soon, Rauhauser may himself know what it is like to live under such a cloud. Kimberlin is three decades older. In less than four years, he can draw Social Security for himself, and his minor children. Rauhauser will have to find a source of income. Kimberlin has had the full support of his family in his schemes. Kimberlin’s sister was the nominal owner of his business, and, his mother owns the house in which he lives. Neal Rauhauser might not have such aid. Kimberlin seems to be in it for the money. Kimberlin has quite the set up with his “non-profits.” Rauhauser has tremendous ego needs that aren’t going to be stroked ever again. He may very well be totally broke. Neal Rauhauser may very well be able to cut a deal with Aaron Walker that amounts to prison for Brett Kimberlin in exchange for walking away from any financial liability. If he were nearly as smart as he thinks he is, his lawyer would be consulting Dan Backer as we speak.
Of course, Brett Kimberlin must have his issues with Neal Rauhauser. First, there was his idiotic post about pro se lawfare. You don’t post your criminal intent before engaging in dubious activities. Then, there is his ego to consider. Laying low isn’t Rauhauser’s style. He wants to be the center of attention. Kimberlin simply can’t trust him to bunker down and ride it out. There is the real possibility that Rauhauser flips on him. Walker might Rauhauser in prison, but, he wants Kimberlin there orders of magnitude more. Kimberlin is the one on the line, and Kimberlin knows it. If certain accounts are correct, while in prison Neal Rauhauser might not nearly be as adverse to being anally sodomized as Brett Kimberlin. The ego needs of his narcissism and the sincerity of his autism made Neal Rauhauser an easy target for Kimberlin’s manipulations. It also made him the wrong target to enter into a conspiracy. Kimberlin must be regretting ever meeting him.