In Re RICO Madness

Although The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss the Kimberlin v. The Universe, et al. RICO Madness was posted on PACER yesterday, I have refrained from posting it until I was served a copy. This includes all of his exhibits.

27 thoughts on “In Re RICO Madness

    • Here is one bizarre example. On page seventeen Brett Kimberlin asserts that Dan Backer sent a letter to an unnamed foundation “falsely stating that the Plaintiff and non-profits were engaging in [i]criminal[/i] conduct” [exhibit 8], that caused that foundation to cease funding his non-profits. He then state “see Plaintiff’s affidavit exhibit 7.”

      Brett Kimberlin’s affidavit merely states that the foundation in question ceased funding the non-profits on a subsequent date. He doesn’t swear to any cause-and-effect relationship. Then, in exhibit 8 he provides copies of the letter that alleges, “tortious or otherwise potentially unlawful conduct.”

      His own exhibits refute his claims!

      In his opposition to the various motions-to-dismiss, and, in his own affidavit, he is coy about naming the foundation in question. Yet, in exhibit 8 he publishes a letter addressed to the “Threshold Foundation.” Does Brett Kimberlin think anyone will fail to notice?

    • I would expect most if not all responses to point out 1) He alleges nearly 45 pages of new facts (I didn’t count) not included in the SAC to try supplement the facts plead in the SAC to try to establish his claims, 2) A response to a motion to dismiss is not a forum for pleading new facts 3) that the new facts alleged still do not cure the failures to properly state a claim and 4) that he failed to address the specific arguments raised by the defendants, instead opting to recite previously unplead “facts” 5) He utterly fails to respond to the argument that the SAC fails to point out what specific defendants are alleged to have done, again resorting to the vast conspiratorial “they” and “the defendants.”

      I would bet that some variation of those arguments appears in several of the responses.

      • I should be clear to even the most jaded observer that Kimberlin has absolutely no desire to properly plead his case and instead is only drawing out the proceedings in order to make them as expensive as possible.

        I think it’s time to revisit Ken White’s idea to crowdsource a vexatious litigant case against Kimberlin.

  1. Those exhibits are crazy. He does realize most of them don’t do him any favors, right? And the other exhibits are non-starters. Come on, he HAS to realize. No one (save the Cabin Boy) lacks this much self-awareness, right? Amazing.

    • Most of it is damning to him.

      I particularly liked the emails. It’s interesting to see the behind the scenes attitudes of good people who are working together, and all of them seem to genuinely believe their opinions about Brett. The explain the guy’s evil in a way that I don’t think a legal brief can.

      How unfortunate that these lawsuits, so obviously made to silence public speech about a terrorist, have been permitted to continue to this late date.

      Another point: Brett calls his convictions ‘dubious’ and labors to explain how society cannot hold his crimes against him. Even though a man lost his life (at least one) and many suffered. He is truly psychotic and shows no remorse. Looking at everything he did to ruin Aaron’s life over freaking blog posts… it’s just very frustrating.

  2. I have never, never, never laughed this hard in my entire life! So comedically inspired! Legally, a train-wreck, nothing to put the defendants MTD’s in danger of failing and in fact, the new stuff and the tired repetitions of unsupported allegations of the most fantastic sort guarantee a dismissal by the trier-of-fact who at this point in the legal journey is Judge Hazel himself.

  3. Uh, Mr. Hoge, please check out page 125. You forgot to redact something.

    Also, why on earth would he put in a public filing descriptions of his history which are factually true and better written than anything he has managed to write (and I use that term loosely).

    The stupid, it is strong in this one.

    • Pretty much for the same reason the Cabin Boy reprints, in their entirety, the very best hits that you can make on them. His only defense is to badly misunderstand and misconstrue the meaning.

    • O to be the defense attorney who gets to question Brett on the stand about Frey’s letter:

      Q: Mr. Kimberlin, you included an email message in your court filings that the author has authenticated. You reference it in your flings as evidence of defamation. Let’s go through it line by line, shall we? Good. The first sentence reads “My name is Patrick Frey.” Is that statement true or false?

      A: True, I guess.

      Q: Then that statement isn’t defamatory?

      A: No.

      Q: Moving on then. The next sentence reads “I am writing this letter to inform you of dishonest and criminal behavior I have observed on the part of convicted bomber and perjurer Brett Kimberlin.” Let’s take the last part first. Have you been convicted of perjury?


      Q: Have you been convicted of bombing?


    • Every time I see the acronym “IANAL”, I think that maybe Apple has become too pervasive in modern society…

    • Kimberlin knows all about res judicata. He just doesn’t care about it, nor any other rules of the court. His strategy is to bombard the court with irrational claims and then sit back while rational people try to work out what he said. Then he turns up in court and argues whatever he thinks will work at the time, regardless of truth or anything else, knowing full well that the court cannot check the falsehoold of his statements while talking, nor can have anything approaching a perfect knowledge of his previous cases.

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