Team Kimberlin Post of the Day

The Gentle Reader may remember the motion to dismiss filed on behalf of Michelle Malkin and Twitchy in the Kimberlin v. The Universe, et al. RICO Madness. The Dread Pro-Se Kimberlin filed an opposition to that motion. Here is the Malkin/Twitchy reply.

As Aaron Walker has noted, that’s gonna leave a mark.

72 thoughts on “Team Kimberlin Post of the Day

  1. Dumb procedural question. The judge has indicated that TDPK should include his name, address, phone and email on all his filings with the court.

    I noticed that the attorney for Malkin/Twitchy did not include his email address on the final pages of the document.

    Should he have done so? Or was that rule specific for TDPK since he is filing “pro se?”

      • Actually, Mr. Nixon and WarEagle are correct. The court and the litigants have his email, which seems to be missing and is most likely an innocent oversight inasmuch as he has provided it before. It is not part of a pattern of deliberately ignoring a specific rule or court order, IYKWIMAITYD.

  2. That reply should leave a mark, because it sets out very clearly the legal precedents that prevent TDPK’s complaint from rising above frivolous. His SAC failed to repair the fatal flaws in ACME Law’s fantasies.

  3. One of my favorite parts….

    Mr. Kimberlin’s conduct has taken this Court into uncharted waters. Twitchy’s research has not
    found a single case, Federal or State, involving a party’s forgery of a court summons – much less, the
    subsequent sending of it through the U.S. Mail with the intent to deceive. This is a serious matter, and
    obviously one that calls for a severe sanction. Regardless of which version of the complaint is
    operative, dismissal with prejudice and a significant award of fees against Mr. Kimberlin is warranted.

    Probably the first man in history to eat the Presidential Seal and now this. A true ground breaking criminal.

  4. IANAL (darned LSAT!) but this part echoed what I’ve been saying:

    “Exercising Maryland jurisdiction over Mrs. Malkin for the two comments cited in the FAC effectively would end all internet commentary about Maryland residents, by exposing speakers nationwide to the significant cost of having to defend actions such as this
    – which perhaps is Mr. Kimberlin’s point.”

    Either the lawsuit continues or the First Amendment continues. You can’t have any meaningful discussion or effective reporting if the Kimberlins of the world are allowed to bully.

  5. BS traded twitter accounts this morning. He gave his Parkybilltweets with 13 followers to NBC, and took back the one with 130 followers.

  6. I think the answer from what I have been observing is the possibility that several people are Bill Schmalfeldt, on twitter. But who knows – there is a sort of strange flurry of postings and the timeline shows little sleep for someone who is so ill.

    • Most of those tweets are automatically generated for his “radio” broadcasts. He usually goes to bed around 9 because of his meds (he has stated so many times).

    • Several people have made that same observation to me in the last few days. I saw Buchanan wondering about how he could shoot out several tweets in a matter of minutes. He contradicted himself when he said the voice recognition software didn’t work for him because of his speech-but then claimed he was using voice recognition software for tweeting. His tweets don’t have the types of errors you would see if someone was using voice recognition software IMO. 😯

      • No, they don’t. I was referring to the tweets that go out, ad nauseum, about what is playing on his broadcasts. Those are automatically generated. I have used VRS, and it definitely does NOT work that well. Rife with errors.

      • Exactly. I tried them and found an error rate of about a quarter to a third, sonsisting mostly of homonym errors with a few synonyms througn in for good measure. Hyperlinks were extremely hard because you has to spell them out (and say “at symbol” and “period symbol” instead of “dot” because it would spell out the word dot or the word period). Quicker and easier to fuumble on a keybooard.

    • That one has been going on for at least a year. Last summer, when he was apologizing to “Mr. Ali,” he refused an invitation to speak with Ali by phone because of his alleged vocal problems. He then resumed radio broadcasts, and did a live interview with Ali.

      What I want to know is why the “new” NBC president has not issued a statement regarding why the director of the club’s alleged new owner, Velvet Revolution, has failed to respond to claims that he forged a court summons, which appears to be an unprecedented act. You know, once the paperwork is straightened out, will the real NBC have claims for fraud and damage to reputation against Velvet Revolution and its board/directors?

      • All commo from the “New” NBC seems to have been cut-off. No tweets in 3 hours (even the automated radio tweets) from @NatBloggersClub and nothing from @ParkyBill Tweets except automated radio announcements for 3 hours despite being asked important questions that MUST BE ANSWERED!!!!!! by the self-proclaimed “incoming President of the National Bloggers Club”! How’s it feel Bill to have people persist in demanding answers, much like what you have done for years with your hectoring of people and violating their privacy and peace? Do you like the dose of your own tactics?

      • Now what possible reason (other than the one given, which is obviously false) would he refuse to talk to Ali on the phone? What could his “difficulties” be?

  7. As good as this response is, it will probably not be considered in light of the amended complaint and Twitchy will not be dismissed under 12(b)(6).

    The good news is that Twitchy will probably succeed under 12(b)(5) (insufficient service of process).

  8. I think the defendants in the case would gain some valuable insight from the Prenda law debacle, in particular this post by Ken White:

    There are some interesting parallels, e.g.,

    “Plaintiffs1 have outmaneuvered the legal system. They’ve discovered the nexus of antiquated copyright laws, paralyzing social stigma, and unaffordable defense costs. And they exploit this anomaly by accusing individuals of illegally downloading a single pornographic video. Then they offer to settle—for a sum calculated to be just below the cost of a bare-bones defense. For these individuals, resistance is futile; most reluctantly pay rather than have their names associated with illegally downloading porn. So now, copyright laws originally designed to compensate starving artists allow, starving attorneys in this electronic-media era to plunder the citizenry.”

    • Don’t think Mr Overweaning genius of the Stormy real-artist cover doesn’t doesn’t follow his betters in discussions of legal matters, or try to ape any angle that pleases him. His “Godfather” crap was inspired by the redshirt business, I’m convinced. He’s SMART and he WANTS RESPECT so, having no sense of humor of his own, he attempted the judges schtick because he is smart like a judge and smarter than them all.

      Just a theory but I believe it. He obviously chafes at being shut out from the bar and the full exercise of his magnificent powers the world deserves to notice, and he is unoriginal and likes sounding phrases and wants to impress and has no idea how stupid he sounds when he attempts to be clever.

      • “His “Godfather” crap was inspired by the redshirt business, I’m convinced.” – I missed something. What are you referring to?

      • In the link to the Prenda law case discussion above (the popehat link),references to Star Trek (and in particular the Wrath of Khan) in judge Wright’s “Annihilating, hull-breaching order” carry the thread of the post.

        The attempt to ape a Godfather movie-based theme featured in a response by BK to an AWorthing memorandum.

      • Gotcha, thanks.
        Another good part in the Prenda Law order: “The federal agency eleven decks up is familiar with their prime directive and will gladly refit them for their next voyage. The Court will refer this matter to the United States Attorney for the Central District of California.”

  9. And people think I was a big time criminal … these sharks reap more in a month of operations than I netted in my entire con in the middle east … I actually lost a significant amount in that failed caper (and not just financially I almost lost my soul). The straight and narrow looks better every day!

  10. Another interesting coincidence: Bullyville and its announced pending federal lawsuit against Lane Lipton (apparently, to be filed this week); Ron Brynaert has been accusing Bullyville of “stalking” his “ex,”; NR is in the thick of things. Yet, for some reason, BS and BU are not writing about any of those events at all, and the outing of Lipton is a significant event. What they are writing about his Ali, the NBC, Team Themis (yawn), Groundswell (bigger yawn). Curious, indeed.

  11. Well, something has taken the wind out of Fat Troll Willy’s sails.

    (in keeping with the nautical theme)

    • The way he’s spewing over at Palatine’s place, that would seem to be the truth. Half of what he’s posted there is really just gibberish, and should be saved up for evidence in any future 5150 hearings.

  12. Pingback: Brett Kimberlin and ‘False Narratives’ : The Other McCain

  13. Well! That was worthwhile – 3 incoherent comments, about 15 rapid-fire rage-tweets, and a blog post packed with enough crazy to overflow Bellevue.

    A fair day’s work, and hardly any of it done on hardware owned by me.

    Things I’m waiting for:
    1. Certified Letter
    2. Subpoena
    3. To get fired
    4. To be intimidated by DOSCCCFTBS

  14. Pingback: ‘An Honest Mistake?’ Has Brett Kimberlin Ever Done Anything ‘Honest’ in His Life? : The Other McCain

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