The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—
MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.
MR. AKBAR: No.
MR. KIMBERLIN: You haven’t?
MR. AKBAR: Nope.
MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?
MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —
MR. KIMBERLIN: I’m asking you a simple question. Have —
MR. AKBAR: Well, what —
MR. KIMBERLIN: — you ever raised any money on —
MR. AKBAR: In the context of what I do for a living, no.
MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?
MR. HOGE: No.
Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.
It will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.