More Good News


Judge Grimm has released another Letter Order denying The Dread Pro-Se Kimberlin permission to file his frivolous Rule 11 sanctions motion against Michael Smith in the Kimberlin v. The Universe, et al. RICO Madness.

More later.

UPDATE—Note that the judge says that Kimberlin hasn’t bothered to point out what it is about the Twitchy filings that might be untrue.

[H]e does not allege that the facts in Twitchy’s filings, or the state court transcript on which they purport to rely, were fabricated or false.

The only “false narrative” in this lawsuit belongs to Brett Kimberlin.

Tick, tock, tick, tock, ….

30 thoughts on “More Good News

  1. Of course, SFB Gobbles, the universe’s greatest legal mind, will immediately spin this as a devastating defeat for our host et al because Judge Grimm did not, in fact, close out the case. In fact, I look for Shakey to write another “fireside chat” personal note to Judge Grimm outlining just how some of the “et al” actors have caused him to make ” biggies” by denying him his constitutional and God-given right to publish “anything I want, any time I want…..do I make myself clear!” And outlining in nauseating detail how every defendant has violated the Federal Rules of Civil Procedure which he himself authored.

    What a waste of precious oxygen!! Call AlGore!

  2. Having ignored proceedings in the case recently, to the greatest possible extent that a defendant can ignore such things, I went back and read ECF 125 and was shocked at the carelessness of Kimberlin’s arguments. The tone of indignation, as if Kimberlin had suffered some cruel and unfair injury by Twitchy’s motion, was as pathetic as it was phony. The judge’s response indicates he is not deceived at all by Kimberlin’s shrieking and hand-waving.

  3. Trying to care not to read too much into this order. But the explicit notation that TDPK failed to actually make any argument that the factual allegations by Twitchy were not true …. is a fairly big clue that TDPK has run out a rope.

    Let’s hope that that is true and that the court sends TDPK off in style.

    • From what I can see, the judge said a lawyer did no wrong, but the case goes on. The defendants are still being punished by the process.

  4. My first takeaway is that Judge Grimm deliberately ruled quickly to spare Michael Smith of the bother of pointing out the obvious: Brett Kimberlin sanctions motion is without merit. Good-faith differences in interpretation of events simply do no rise to the level of sanctionable conduct, even if those interpretations are incorrect.

    The second is that since he specifically granted Michael Smith permission to inform the court of Kimberlin’s actions in Maryland, Judge Grimm in noting his standard for imposing sanctions would be provable violations of the Rules of Civil Procedure has pretty much telegraphed to Brett Kimberlin the futility of ever trying to file this motion again.

    The third is that since Judge Grimm has stated it was an issue of the correctness of the transcript one can infer the relative weights Judge Grimm will assign to those transcripts as opposed to Brett Kimberlin’s recollections of what happened.

    The fourth is that since Brett Kimberlin has had his opportunity to reply to Michael Smith’s motion Judge Grimm is hinting at the possibility of having a second chance to question the veracity of Michael Smith’s reporting of the transcript. I should hope that this means Kimberlin will be subject to a second Show Cause motion.

    And, finally, since Judge Grimm is aware that John Hoge and others are publishing motions in this case one can infer that he believes that publishing them could not possibly cause any irreparable harm to Brett Kimberlin. Again, Judge Grimm is telegraphing the futility of Kimberlin ever pursuing such a motion.

    • Pretty good analysis, but a few points: “Good-faith differences in interpretation of events simply do no rise to the level of sanctionable conduct, even if those interpretations are incorrect.”

      Brett is basically arguing that Smith has engaged in wrongdoing by not believing his version of events, including the really fantastic elements like the post office disobeying his request to mark it restricted delivery and not charging him. Needless to say that is meritless.

      “The third is that since Judge Grimm has stated it was an issue of the correctness of the transcript” well, what the judge is saying is, “you aren’t alleging he got any facts wrong.” And I have to think the judge read brett’s response, too.

      “I should hope that this means Kimberlin will be subject to a second Show Cause motion.” Not likely out of this motion, except for one possibility: if the judge notices that Brett presented fake restricted delivery receipts to HIS court. Mike did include a quotation that would point out that issue to the judge. But we will see if he picks up on it. I suspect Grimm will, but I am not sure he will do another show cause if only because he is probably sick of the case.

      “he believes that publishing them could not possibly cause any irreparable harm to Brett Kimberlin.” To be precise, it might be doing Brett great harm, but it is fully legal. Barring an order saying otherwise, it is not illegal to publish public documents on the internet. At most you risk legal issues if you publish private information, like home addresses, on purpose.

      • Re: “…the really fantastic elements like the post office disobeying his request to mark it restricted delivery and not charging him.”

        Especially fantastic when it can be shown that the card was filled out by Kimberlin in his own handwriting.

      • What kills me is that he considers his own writing, his own claims in his own words, as a form of dilsparagement. Which it is, in a way, because it was so full of mistakes and also reveals the full flower of his weaselhood. To see him take so little pride in his personal display of soopergenius, and to call that display of his own work, malicious calumny and an attack makes me wonder where all the mental hospitals have gone.

  5. My prior analysis, that Judge Grimm is now on notice that “false narrative” means objective truth appears to have been spot on. the Judge specifically took issue with the term – a term which appears everywhere throughout the complaint. Since the Judge now sees that when Kimberlin uses the term ‘false narraitive; he is describing things which are demonstrably true, it is only a matter of time before Kimberlin’s house of cards comes crashing down on him.

  6. I think BK is being pushed into a corner….and that could be when he is at his most dangerous. YOu are all in my prayers, but I hope you are taking appropriate caution to stay safe for yourselves and your families.

      • Kimberlin, like all sociopaths, does not see the world that way. When there are consequences to his conduct, those consequences are from the malevolence of others – not his own actions.

      • I think monitor is right to worry but the real danger is when he loses the state case, imho, which also might be coming soon.

        Brett’s perverted attitude might be like a vigilante almost, only one for evil. He says to himself, “I’ll try to get the legal system to stop them, but if it doesn’t, then I will use any means necessary.” So when the legal system has clearly failed to stop us (because we are doing nothing wrong, except in his twisted mind), I do suspect he will get violent. Again.

      • A more subtle term referring to, among others, as “Speedway”. Perhaps it should be ‘Martin the Martian Visits Speedway’. Not many other options left open to Brett except abject surrender, followed by still more incarceration followed by total obscurity and absolute irrelevance. Gobbles, on the other hand, will probably be memorialized according to his relative merit, “The William H. Schmalfeldt Memorial Sewage Treatment Plant” in Elkridge, Maryland where “biggies are handled”

  7. So BK tested the limits and actually found one.

    Perhaps this is unsurprising, but I don’t read so much into the letter as others do. I don’t see an indicator that this case will end soon. The judge gave him 60 days more not all that long ago to serve Breitbart along with explicit directions on how to do it. And he references the case being decided on its merits, which sounds more like after the trial than hey, I might just dismiss this whole thing soon.

    It also is admonition against any of the defendants filing Rule 11 motions against BK until then, also. Which is not good news. Because now that this forgery issue is under this sanctions considerations, I don’t think it can be fodder for a Rule 11 motion once the judge does something about it, even if that something is to say it does not matter.

    I continue to note that more than two months have passed since BK admitted to this judge that he had falsified documents from his court. The judge obviously has time to respond to things. He just did. He is in no rush to respond to the forgery issue. Waiting on it merely helps BK.

    • Also the judge refers to defendant Twitchy. So he is considering them a party despite the forged summons. Despite they weren’t named in the FAC.

      He is doing for Kimberlin what he himself could not do.

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