Another Motion to Dismiss

Glenn Beck’s motion to dismiss the second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness is now available on PACER.

I filed my motion to dismiss the morning and will post it after it appears on PACER.

14 thoughts on “Another Motion to Dismiss

  1. its very good stuff. different tack than my current draft, but I ain’t changing course, much. instead i think it is useful for us to say “Brett’s complaint is crap” from slightly different angles, so that the judge eventually sees that there is just no good angle for brett.

    • The greater the diversity of arguments against the suit, the more arguments Brett Kimberlin is going to have to answer. The more the individual defendants argue not only against the general premise, but, also, its application to themselves, the more specific Brett Kimberlin will have to be in his replies. The more attention is focused on the details, the more readily apparent it becomes his suit lacks any substance.

  2. I don’t want to be accused of optimism, but these are very tightly written responses and I think that at least some of these MTDs will succeed.

    And AW, hopefully someone will include a bit of page 183 of Citizen K in their MTD.

  3. Only thing is that I think it will take a while – at least until the 60 days expires on service for the other defendants. So that’s deep into August.

    I don’t think the judge will go through them piecemeal, but who really knows.

  4. ICYMI:

    (Kimberlin) filed a $24 million damage suit against Ronald Confer, claiming his testimony contained “malicious falsehoods” that were intended to “cause harm.” When nine months passed without Barker’s appointing a special prosecutor, he sued her as well, along with two dozen law enforcement officials (including William French Smith, the attorney general of the United States) and several witnesses (including Lynn Coleman and, for good measure, Confer again). There could be no mistaking his fundamental jurisprudential strategy: Sue the b@stards; then sue them more; then some more. — CitizenK, p.182-183

      • It made it into my own set of notations I made about the book, which lacks an index at the end. Another thing it lacks is a timeline.

        The importance is that it – along with Brett’s continuing “little girl problem” – helps show that the ruthless killing terrorist of the 70s is unreformed, unrepentant, and still doing the same kind of terrible deeds today that he started on in his 20s. He just never stopped, only (perhaps) got better at picking out ahead of time which misdeeds are more or less likely to land him back in jail. But he will do whatever he believes he can get away with.

      • I like the end of the next paragraph too:

        “Jailhouse law suited all of Kimberlin’s aptitudes: It appealed to his peripatetic imagination and disciplined habits, offered rich opportunities for creative sophistry, and gratified his bottomless capacity for self-justification.”

        I’d say nothing has change since that was published in 1996.

      • True, Kate, nothing has changed, hence all friends of justice are justified in working to get redress for the lawlessness of Brett Kimberlin. His criminality is unfixed and there is a lack of repentance or restitution. When some Team Kimberlin defender stoops so low to criticize you for bringing up his old crimes (as Kimberlin whined in his Complaint) you can supply this as an answer.

        I’m glad to see all of us read Citizen K. It’s quite possibly the most devastating account put together about Brett Kimberlin even though it omits his awful behavior since publication. If you haven’t read it, click Hogewash’s amazon affiliate link and search for “citizen k”

      • I should have hastened to add, as I often do, that friends of justice must limit themselves to just and ethical tactics. Even though your side is right, you are still not allowed to use unjust means to achieve your ends.

Leave a Reply