Team Kimberlin Post of the Day

There was another motion to dismiss filed last Friday in the Kimberlin v. The Universe, et al. RICO Madness. It was filed on behalf of Glen Beck, Mercury Radio Arts, and The Blaze.

25 thoughts on “Team Kimberlin Post of the Day

  1. You know, should this court find that TDPK is indeed libel-proof, that would ensconse that scarlet letter he’s been whining about into the legal record. Yep, it’s your despicable life, Brett, and you have to own it.

    • You said a mouthful. From the brief, p. 12:

      “While the Fourth Circuit has not yet opined on the “defamation-proof” plaintiff doctrine, Kimberlin represents a textbook example of how that doctrine is defined and applied by other courts because he is “unlikely by virtue of his life as a habitual criminal to be able to recover anything other than nominal damages as to warrant dismissal of the case.” Cardillo v. Doubleday & Co.,518 F.2d 638, 639 (2d Cir. 1975).”

      This can’t be going the way he expected it to go.

    • libel proof isn’t an issue since they only told the truth about him, the only weak spot (minor very minor) is James Okeefe’s comments about the swatting but even then, its opinionated conjecture, not outside the realm of reasonable normal conjecture and the swatting was focused at those who wrote about Kimberlin’s criminal past.
      Also waiting years to file a suit about things that happened in 2012…

  2. Was talking to a lawyer friend Friday night, when we and our wives (who are both also lawyers), and mentioned some of the more outrageous particulars of this case.

    He was extremely skeptical, so I told him to look it up on PACER.

    He called me late Sunday, and cursed me for filling his weekend with legal stuff – “like a train wreck, just couldn’t look away.”

    His wife was pissed at him, until she got hooked on it, too. Talked with her this morning, at the coffee shop, and she felt this case is a good example of why anyone with a prior felony conviction should automatically be assumed a vexatious litigant, with their pro se filings subject to magistrate review before acceptance, at least in the federal court system.

    Not the worst idea I’ve ever heard.

      • Mr. Nixon, he changed the name again and took it private. @/radioparkinsons. It’s his way of gaming Twitter so he doesn’t have to start an account again from scratch.

    • I’ve had the same experiences with several lawyers. First, they can’t believe it, then when they start reading, they can’t look away.

      • Bah, a pox on your opinions. The esteemed Roger S. over a BU has declared these lawsuits a slam dunk for Kimberlin. Baghdad Blob has concurred so it’s obvious that all of you real lawyers must be wrong.

      • No doubt. Plus, if he really reported the alleged threats, he probably wouldn’t want LEOs to see what he writes. That is why he changes his Twitter feed, in my opinion: it breaks links to his old tweets and makes it harder to look for his multiple references to anal rape, for example.

      • Well, I’ve copied a lot of the stuff from his feed onto my Storify account the last few days. So if anyone needs anything, I quite possibly have it.

      • I am a little confused though because it says Exhibit B is a declaration of Eleanor Lackman, and what I’m seeing is a reprint of an article by James Warren from 1994.

    • Just be warned – Federal courts are notorious, wildly notorious to allow crap like Kimberlins to go on and they don’t always award attorney’s fees and rarely are those awards 100% or even collected.

      You can rail against judges, juries, outside parties, rant and rave and sometimes they let it go on for years. So its vitally important to not make any mistakes, like over blogging this whole thing – as entertaining as it seems, don’t get carried away like saying other lawyers say its a stupid case, it isn’t, its serious, will be taken seriously whether he denotes charges or not – he’s evidence trolling – get it?.

      After all this is the same court system that let him interject himself from a jail cell into the presidential race and let a convicted serial bomber out and also let him dodge million dollar judgments against him. And remember,

      Don’t start running victory laps, don’t. None of these filing were all that impressive, Federal courts want something unique, something that isn’t the in legal services forms (ie Martindale-Hubbell). Its normal to declare the person libel proof, public figure, SLAPP, Statute of Limitations, no cause, no damages, courts want something unique to suddenly throw such a large case out. And to list an impressive laundry list of supporting cases. There are THOUSANDS of cases, listing 8 isn’t impressive –

      If it’s thrown out – its going to be IMO because of what Kimberlin did, not based upon these filings and there are too many. Flooding the courts with paper, prejudices some judges – especially when its against a pro se client. Remember federal judges all the time award cases for felons, convicts, and award in the favor of some of the most heinous people in our system sometimes based upon nothing more than a sense of fairness.

      Just warning that many of our Judges ne most of our federal judges shouldn’t be there and are ideologues. the law, precedent, rarely matter. That is the whole problem and Kimberlin is working it to the max and making comments that someone has stopped sizable donations to him – well there is the cause and unfortunately giving the case all the merits it needs.

      This whole thing rests on the integrity of the Judge……

      • our system sometimes based upon nothing more than a sense of fairness

        I meant warped sense of fairness.

        Also Federal Judges who award these cases to convicts, felons, don’t ask for or reject any input from the victims of these people. They want to be insulated from their pain and live in their own judicial perfect ideologue world detached from all reality.

        I’m okay with amending the constitution and putting in rules such as appointments are for 10 years and need a 75% approval from congress for another 10 years. And also must have been a state judge for 10 years to be eligible. Same for the Supreme Court.

      • The Judge may relieve Twitchy and Malkin from the case and fine Kimberlin. This is a major win – this may prejudice the outcome. I would say tentatively – its over.

      • “and Kimberlin is working it to the max and making comments that someone has stopped sizable donations to him”
        He’ll fail there too because the donations are not to him, rather, they are donations to non-profit corporations that are not parties to the instant case and he is not able to represent them pro se or in any other manner as he is not an attorney and only an attorney may represent corporations, for profit or not-for-profit. If the judge dod not reject this and the case proceeds, this fact would pierce the corporate veil and opn both VRUS and VRUS to discovery, something BK really doesn’t want to happen!

    • IT wouldn’t stop him and a vexatious ruling wouldn’t stop him anymore than a court order would stop Schmalfeldt. There are some people who will to the end of their life cause trouble. Ironically, we have seen this type of behavior, in serial criminals as well – and voila we have a former serial bomber and serial criminal filing as many lawsuits as he can. Thinking any ruling against him is a win – to him its just a setback and he will try something else.

      If being in jail for over a decade for his crimes didn’t convince him, losing a lawsuit isn’t going to.

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