Anonymous blogger Ace of Spades has filed his motion to dismiss the second amended complaint in The Dread Pro-Se Kimberlin’s Kimberlin v. The Universe, et al. RICO Madness.
The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.
Point (1) of that claim is simply false. Here is how I replied—Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.
The Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.
It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.
We will see.
You remember all that talk about how legalizing gay marriage wouldn’t require priests, ministers, or rabbis to conduct same-sex marriage ceremonies in violation of their religious beliefs. There wasn’t going to be any slippery slope, or so we were told.
Two ministers in Idaho are facing up to 6 months in jail and up to $1000 in fines for each day that they continue to refuse to perform a same-sex wedding that a gay couple requested last Friday.
WaPo reports that the National Science Foundation is funding a project to analyze Twitter data to detect what the project researchers deem as “social pollution” and to study what they call “social epidemics,” memes that spread throughout pop culture. The “social pollution” targeted includes “political smears,” “astroturfing,” and other forms of “misinformation.”
Hmm. A government-funded initiative is going to “assist in the preservation of open debate” by monitoring social media for “subversive propaganda” and combating what it considers to be “the diffusion of false and misleading ideas”? The concept seems to have come straight out of a George Orwell novel.
Read the whole thing.
While the investigative crew is out on a special assignment, Hogewash! is featuring reruns of older episodes.
SOUND: MODEM CONNECTING FADES UP TO FULL MIKE—SINGLE SHOT—RICHOCHET
MUSIC: UP AND UNDER—RECORDED—CUT 1
ANNOUNCER: (VOICE OVER MUSIC) Around Twitter Town and in the territory of the net—there’s just one way to handle the harassers and the stalkers—and that’s with an Internet Sheriff and the smell of “BLOGSMOKE”!
MUSIC: THEME HITS: FULL BROAD SWEEP AND UNDER—RECORDED—CUT 2
ANNOUNCER: “BLOGSMOKE” starring W. J. J. Hoge. The story of the trolling that moved into the young Internet—and the story of a man who moved against it. (MUSIC: OUT)
JOHN: I’m that man, John Hoge, Internet Sheriff—the first man they look for and the last they want to meet. It’s a chancy job—and it makes a man watchful … and a little lonely.
MUSIC: MAIN TITLE—RECORDED—CUT 3 Continue reading
Judge Titus has denied The Dread Pro-Se Kimberlin’s motion for alternate service on Lynn Thomas and Peter Malone (who he alleges to be Kimberlin Unmasked) in the Kimberlin v. Kimberlin Unmasked copyright trolling lawsuit.
This is ruling reaches the opposite conclusion from the same set of facts as Judge Hazel’s ruling in the Kimberlin v. The Universe, et al. RICO Madness, creating a split within the same courthouse.
One of The Dread Pro-Se Kimberlin’s complaints against me in both the state Kimberlin v. Walker, et al. nuisance lawsuit and the Kimberlin v. The Universe, et al. RICO Madness is that I engage in my First Amendment right to comment on his past and present behavior. He wrote this in his second amended complaint in the state suit—
The Gentle Reader who has been following The Saga of the Dread
Pirate Pro-Se Kimberlin for a while will remember that TDPK’s state nuisance lawsuit collapsed when he failed to provide even one “scintilla” (Judge Johnson’s word) of evidence of falsity in any statement made by any defendant in that case.
Since defamation is a state law claim, TDPK has to prove the elements of the tort as prescribed by Maryland law. That means he must show what was said about him was false. He can’t do that. That’s already been adjudicated in the state case in the favor of Aaron Walker, Stacy McCain, Ali Akbar, and me, and he is barred by collateral estoppel arguing otherwise in any further case, including the RICO Madness.
I’ve made it clear that I intend to keep writing about Brett Kimberlin until he is brought to justice. The Gentle Reader should not be surprised to learn that part of my definition of his being brought to justice includes his losing his vexatious lawsuits. By delaying the final resolution of any of them, he increases the amount of time and bandwidth I will spend on telling his story on the Internet. His delaying tactics have the effect of turing the Streisand Effect up to eleven.
Oh, one more thing … Collateral Estoppel swag is available for purchase at The Hogewash Store. Stop by a spend some money on a t-shirt or drinkware. The profits go to support this blog and fund the expenses of defending against TDPK’s vexatious lawsuits. If you’d like to help my fellow defendants as well, go to Bomber Sues Bloggers to find out how.