Team Kimberlin Post of the Day

RICOMadnessAnother motion to dismiss has been filed in the Kimberlin v. The Universe, et al. RICO Madness. This motion is from Defendant Michelle Malkin and Non-Party Twitchy.

“Hold it,” I hear the Gentle Reader cry. “What do you mean ‘Non-Party Twitchy?'” I mean that Twitchy doesn’t consider itself to be a party to the suit, and that’s probably correct.

This goes back to one of the errors The Dread Pro-Se Kimberlin made in his original complaint. He listed 20 defendants in the caption of the complaint and named 22 in the text. When this screwup was pointed out, he almost, but not quite, fixed it with his amended complaint that he filed with the court. In that version of the amended complaint, he added one of the two missing defendants to the caption, but he didn’t add Twitchy. That’s the amended complaint on file with the court—the one that counts. Twitchy is shown in the caption of the “amended complaint” TDPK sent me, but Twitchy is not a party to the suit as far as the court is concerned.

The Clerk of the Court issued 18 summonses to defendants in the suit, and they are shown as Docket Item 4 on PACER. Here’s the list of summonses issued:

1. James O’Keefe
2. The Franklin Center
3. National Bloggers Clug
5. Erick Erickson
6. Mercury Radio Arts
7. Patrick Frey
8. Michelle Malkin
9. Glen Beck
10. Ali Akbar
11. William Hoge
12. Robert Stacy McCain
13. Lee Stranahan
14. Aaron Walker
15. Simon & Schuster
16. The Blaze
17. Ace of Spades
18. RedState

No summonses were issued for Kimberlin Unmasked, Mandy Nagy, DB Capitol Strategies, or Twitchy.

According to the Malkin/Twitchy motion to dismiss, on 6 January, Mrs. Malkin received a copy of the amended complaint as it was filed with the court, but she did not receive a copy of her summons. That means that she has not been served in the lawsuit. No summons, no service. Thus, TDPK’s claim in his report on the status of service of process to the court is false.

The Malkin/Twitchy motion claims that TDPK attempted to serve Twitchy at about the same time as the defective service on Mrs. Malkin. The amended complaint sent to Twitchy is the same version TDPK sent me, and Twitchy was sent a summons.

“Hold it,” I hear the Gentle Reader cry again. “Didn’t you just say the Clerk never issued a summons for Twitchy?”

Why, yes, I did, and, no, the Clerk didn’t. It seems that the summons sent to Twitchy has this legend across the top:ECF 4-14That happens to be the PACER document tag for the summons issued to Aaron Walker.

Mr. Kimberlin appears to have simply inserted Twitchy’s name and address in place of those of Mr. Walker, the intended recipient of the summons actually issued by this Court.

Not only that, but he did an amazingly crude job of it. He didn’t even bother to match the typefaces used by the court to fill in the form.Twitchy_forgery

Notice that the summons is addressed to “Twitchy c/o Salem Communications.” The sale of Twitchy to Salem Communications was announced on 10 December, and there was no public knowledge of the sale prior to that date. How did that address get put on a summons datestamped by the court on 12 November?

Finally, Mr. Kimberlin’s apparent falsification of court documents in an attempt to deceive Twitchy into thinking it was a defendant that this Court has summoned constitutes a fraud on this Court, and a violation of numerous court rules. Leaving aside whether it also constitutes mail fraud and/or any other criminal offense, this misconduct constitutes a separate, independent basis for dismissing the FAC [First Amended Complaint] under this Court’s inherent powers and/or Rule 41(b).

popcorn4bkSo it would seem that I’m not the only defendant in the RICO Madness who is having difficulty with service, nor am I the only one encountering bogus documents.

Michelle Malkin and Twitchy have also filed a request for a hearing on their motion to dismiss. Local Rule 105.6 allows the judge to rule on the motion without a hearing, but given all of the evidence that is piling up concerning defective service of process and questionable documents, he may schedule one.

Stay tuned.

UPDATE—TDPK seems to be having real difficulties with his paperwork. I’m reminded of the following exchange between Michael Palin and John Cleese:

Clerk: This is a dog license with the word “dog” crossed out and the word “cat” written in in crayon.

Mr. Praline: The man didn’t have the proper form.

UPDATE 2—Here’s the top part of the summons form as shown on PACER. Document 41 is the Malkin/Twitchy motion to dismiss. Document 4 is all the summonses issued by the Clerk of the Court. It’s amazing how crude the apparent forgery is.forgedsummons

35 thoughts on “Team Kimberlin Post of the Day

    • Bwha ha ha ha – oh trust me it gets better, just wait. I suspect there will be additional evidence of attempts by parties surrounding BK to fabricate evidence in an attempt to pull others into this RICO madness.

  1. the question is how long will the court put up with the blatant fraud/forgery being shown by the plantiff? That you or anyone else should have to spend a dime defending yourself against this kind of outright bullcrap is ridiculous…

    • So this is what I wonder — how the hell did Kimberlin think he could get away with this?

      It’s one thing to falsify service on someone who is supposed to be served…that might be harder to prove.

      It’s another thing to fake a courts summons. A COURT DOCUMENT. Did he think the court clerk was as sloppy as he, and would just think “Oh, hey, this summons isn’t on our list, but I guess they’re part of the suit now”

      IANAL, but this seems like he’s trying for criminal charges against himself. Forging court docs does not seem like a civil violation to me.

  2. I laughed out loud at your comparison to the Monty Python sketch.

    More laughs, and much scorn, reserved for the flunkies of Kimberlin who support his terrible behavior. It’s really amazing to see how much shameful stuff they will continue to support and overlook. Osborne Stink, Xenophon, BS, fugitive Neal Rauhauser – what a sad pathetic cast of characters they are. I wonder if they will ever begin to feel ashamed about the constant lying, abuse, harassment, narcissism, and extreme incompetence of Brett Kimberlin.

    • You don’t seem to understand how Kimberlin’s band of misfits think. Launching nuisance lawsuits is an example of demonstrating power. Kimberlin knows he can harass enemies by filing suits, peace orders, and criminal charges. He is making a show of that power to intimidate those that criticize him into silence. Technically, he is just availing himself to rules. Those being sued know that he is availing himself to the rules, albeit in bad faith. But, when he falsifies documents, he is attempting to show arbitrary power. When you sever the connection between the punishment and any underlying offense you instill orders of magnitude more fear than if you punish, or vastly over punish, some underlying offense.

      People who’s bosses are petty, vindictive tyrants have the option of remaining silent, keeping their heads down, and keeping their noses clean. Bosses who frame subordinate employees just to show that they can place their charges in a hopeless position. Often such tactics are used by sexual harassers to establish that failure to submit to their sexual demands might have unpredictable and unpleasant consequences.

      Most normal people are appalled by such tactics. Most normal people empathize with the victims of such tactics. Such tactics excite bullies. I suspect that if you look at the personal histories of those in team Kimberlin you will find that they weren’t held in very high esteem by their peers. The brainwashing of a ten year-old girl to be the perfect future spouse, and, demands that the wife check the sheets for dog feces exhibit a similar need to dominate others.

      Asking such people to feel ashamed is not apt to work. The best response to assure that their tactics fail.

  3. Final thought for the evening. Brett supporters argue “sure he has done bad things in the past, but he has served his time and put that criminal life behind him.” This is only the latest evidence that he hasn’t.

    • Yeah, exactly.
      – Totally unapologetic,
      – Evades paying any restitution to woman he widowed and injured with a bomb,
      – Filed “over a hundred” mostly painfully stupid nuisance suits in jail – shows what he thinks about justice,
      – Carries out disgusting harassment campaigns against people (I am really sorry Aaron, but please realize that I know you by the quality of your enemies)
      – Associated with filthy disgusting harassers like Bill Schmalfeldt and wanted fugitive serial abuser Neal Rauhauser
      – Offers blatantly false bald-faced lies claiming he was exonerated from his terrible crimes (would any repentant person do this?)
      – Tries to gratuitously humiliate his estranged wife when she finds a way out of the personal prisons he tries to create for her (including falsely trying to get her put away!)
      – When people tell the truth about his disgusting actions, rather than repentance, he files an absurdly nonsensical lawsuit in hopes that the resulting hassle will deter people from reporting on Brett Kimberlin’s terrible misdeeds. The saving grace is that he is incapable of refraining from lies and forgeries, and apart from that he is just really bad at what he’s doing

      This is the very opposite of repentance. The supporters of Brett Kimberlin know exactly what they are supporting, and they know he isn’t sorry for lying, running with criminal gangs, blowing stuff up, blowing PEOPLE up, forging, marrying an underage girl from another country then not letting her go to high school then using all manner of awful tactics against her when they become estranged… There is seemingly no depth he can sink to that will cause his band of cheerleaders to admit that they are liars. Well, let them keep showing off who they really are. They aren’t repentant for lying and for cheerleading and even sometimes actively helping a narcissistic sociopath.

      • Two points.

        First in terms of knowing me by the quality of my enemies, I have long accepted the McCain analysis that just as slasher film isn’t about the horny teenagers getting killed but about the killer, the Kimberlin story is about Kimberlin and not his victims.

        In other words, I am not offended.

        Second, in terms of his cheerleaders, this is why i am convinced that most of his cheerleaders are paid. Take Schmalfeldt. Where did my riff of “Baghdad Blob” come from? I was saying to people, “you don’t have to ask if Saddam paid Baghdad Bob. You know he is being compensated by the fact that no one could honestly believe what they are saying.” Baghdad Blob denounced the speech suppression of Roger Shuler, and rightly so, but walked right past the identical suppression of Seth Allen, and the even more oppressive suppression of my speech. It would be one thing if he said, “i was wrong to praise what Kimberlin did. Now i see it happening to my friend, i realize how wrong it is.” I could accept that. But instead he maintains both are fine, which is why i call him Baghdad Blob.

      • Didn’t BS say that BK paid for his former lawyer, Tae Kim? Doesn’t BK chauffeur BS around in a JTMP owned vehicle?

      • Amen. Lord knows I am a sinner and someone who has acted badly and engaged in criminal activities in the past. I am on the path to redemption and have made a clean breast of my actions through public admission of my past behavior and bad faith actions. I accept full responsibility for my crimes and sins. I am in the process of making my victims whole, knowing that that is not fully possible through financial remuneration alone. TDPK has not done anything in this vein and he remains a disingenuous, criminal person. I pray he realizes his condition before it is too late to make a move towards redemption.

  4. btw i suggest we start a pool to guess how Baghdad Blob and Team Kimberlin will address this. I see several possibilities:

    1) he will ignore it,
    2) he will attack the lawyer as the most evil person, evah,
    3) he will admit to it, but claim it is done all the time, and there is nothing wrong with it, or
    4) he will claim the lawyer is lying,

    i feel like there are more options, but I can’t think about any right now. Oh well.

    no real money, but just if you were betting what would you guess?

    • Here is another option. He will declare that the peace treaty prevents him from reporting on this.

      Until he gets some tidbit of info that he believes advances his side.

    • I am going with 1. He will ignore it. Anytime any fact proves that he is lying to supporting a liar, he just refuses to address it. He’s been asked a hundred times about the court clerk he claimed to speak to on Christmas Eve. His response? Crickets. When pressed on his claims to be a combat medic? Silence. When confronted with any of his other thousands of lies? Silence. Nope, the Cabin Boy will remain silent and TK will also ignore this because there is really no way to spin this to make it look good for them.

    • I choose a hybrid of 1) and 3A): He will claim not merely that “everybody does it,” in general, but, that you and Aaron are doing so on a continual basis already. He’ll write at length about how your actions have harmed Kimberlin’s efforts to clear his “good name,” and not at all about Kimberlin’s forgery of a summons.

  5. Pingback: ‘Mr. Kimberlin’s Fantastic Allegations’ : The Other McCain

  6. Pingback: So what is the latest in Brett Kimberlin vs the world? | Batshit Crazy News

  7. A lawyer friend of mine had the misfortune of dealing with an unscrupulous lawyer off an on throughout her career. One of his favorite ploys for failing to file on time or appear in court was a sudden alleged death in the family. Everything would have to be rescheduled, inconveniencing the litigants and the court. When the court had sanctioned him before, ordering him to pay attorney’s fees, he simply failed to pay. The last time he pulled this on my friend, my friend came to court with the evidence that his grandmother(s) had died 6 or 7 times over the years. The court awarded fees for the delays, but this time my friend asked the court to enter an order requiring crooked lawyer to pay THE COURT, and the court would pay the offended party. That way, if he failed to pay, he could be found in contempt. He paid.

    Also, seeing that the post office is investigating WJJH’s mysterious mail problems, this current development might be of interest to them, as well.

  8. The stupidity of this move is beyond belief. BK did not merely forge a court document – thereby committing yet another Federal felony – but was stupid enough to send the evidence of his forgery to his “enemies”.

    Just Freaking Brilliant.

Leave a Reply