One of the major defects of The Dread Pro-Se Kimberlin’s response to the motions to dismiss from Aaron Walker and me is his attempt to use it to allege new facts to support his fatally weak amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. Here’s an example.He also makes reference to alleged violations of 1512(b) and 1512(d) in his response, but, of course, neither (b) nor (d) nor (k) are mentioned in his amended complaint. If he wants the court to consider them, he will need to file a second amended complaint, and that will require the court’s permission.
<irony>18 U.S.C. § 1512 is a federal witness tampering statute. Here’s what 1512(c) says:
(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
… alters, destroy, mutilates, or conceals a record, document, or other object …Yes, perhaps the court needs to consider possible violations of § 1512.</irony>