Team Kimberlin Post of the Day

RICOMadnessSo now my motion to dismiss, The Dread Pro-Se Kimberlin’s opposition to my motion, and my reply to his opposition are all before the court. We’ll see how the judge rules.

res_judicata_mugsFWIW, I believe the most import part of my reply deals with the implications of res judicata. TDPK sued me in a related case in state court and lost. Under Maryland law, he could have included every single one of the claims in the RICO Madness in the state lawsuit, but he chose not to. It’s also the law in Maryland that res judicata applies to TDPK and me not only for the claims he made in that state case but also for the claims he could have made. That means that res judicata barres all of his claims against me in the RICO Madness. The same doctrine obviously applies to my codefendants in the state suit, Aaron Walker, Stacy McCain, and Ali Akbar.

popcorn4bkThere’s another twist to this. When a conspiracy is alleged among defendants and res judicata applies for one, it applies to all. TDPK alleged that every single defendant was a member of his mythical RICO conspiracy. That means the res judicata also should apply to his claims against National Bloggers Club, Patrick Frey, Erick Erickson, Michelle Malkin, Glenn Beck, Lee Stranahan, Mandy Nagy, Breitbart,com, DB Capitol Strategies, Dan Backer, Mercury Radio Arts, The Blaze, Ace of Spades, RedState, and Twitchy.

Stay tuned.

6 thoughts on “Team Kimberlin Post of the Day

  1. Mr. Kimberlin. That’s quite a corner you’ve painted yourself into. I hope the judge agrees with Mr. Hoge’s assessment, and tosses your case out of court.
    If on the other hand, it goes forward, I expect discovery to be well coordinated, and expertly planned by the many lawyers and sharp folks involved. May I offer to buy a copy of Citizen K, and have it shipped to you? This way you don’t have to claim ignorance of your own authorized biography.

  2. Of course the news today of the attack on Charlie Hebdo in Paris does remind us that Brett Kimberlin hoped (and prayed to whatever sick and evil god he prays to) that a similar attack happen to my friend Aaron Walker. I hope that hizzoner realizes the type of hateful ‘activist’ he has as a plaintiff in this case. Someone who continues his violent terroristic activities via proxy by fomenting jihadists to launch a similar attack against not only Aaron himself (which is evil in itself) but also against Blog Bash and all the participants.
    Watching the video is horrifying, putting me in mind of the actions of trained insurgents in Iraq when I was there.

  3. I will echo PHL here and say that when I heard about the Charlie Hedbo situation my mind immediately flashed to Kimberlin and what he tried to do to Aaron with the Everyone Draw Mohammad website. And it made me realize that there needs to be THOUSANDS of the Everyone Draw Mohammad website out there. Just because there can be.

    Anyway, the res judicata situation will be veeeerrryyy interesting for a small little man in Maryland.

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