Team Kimberlin Post of the Day

In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

15 thoughts on “Team Kimberlin Post of the Day

  1. To Brett,
    Do you really want to open yourself to more sanctions by making even more false bad faith filings? No – so, just give up.

    After all, it is important for you to have assets left over so you can compensate Sandra DeLong.

    • I’m not sure who will be doing the filings. Brett Kimberlin tried to play the Prophet Defiler card one too many times and just might be slapped down very hard.

  2. And, it would be a bit rich for Brett Kimberlin to accuse others of class-based discrimination against him given his attacks on Ali Akbar for being a felon.

      • The sawed-off, domestic terrorist Brett Kimberlin appears to have quite the thing for attacking people for their skin color.

        IIRC — In “Citizen K,” the Bitty Bomber regaled to author Mark Singer a prison story where he was in a fight with a person of color, and opted to refer to his opponent as a “nigger.”

        I also seem to remember hearing that the Petite Pedo used this same racial slur when addressing his wife’s black boyfriend.

        Maybe much like his “rectal mouthpiece” The Big BM, the Evil Elf doesn’t much care for those who could be visually perceived as possibly speaking with an “African tinge.”

        In my experience, if one scratches a bedwetting leftist deep enough… one is most likely to find a racist.

    • A) It means they made a deal with the Devil, metaphorically. When you make a deal with the Devil it usually doesn’t turn out well.

      B) It could mean that the Franklin Center has had enough. In his improper omnibus surreply Brett Kimberlin stated that the Franklin Center held a webinar that “…stated and imputed that that Plaintiff [Brett Kimberlin] was swatting conservative bloggers.” Typically, when a “settlement” is reached the defendant never admits wrongdoing. Brett Kimberlin very well could have violated his own settlement agreement and might soon be called on it. In settling with Brett Kimberlin, the Franklin Center did considerable damage to their reputation. Brett Kimberlin claiming that the Franklin Center agreed that it did defame Kimberlin would only further damage the reputation of the Franklin Center. The Franklin Center could be acting to save what’s left of their reputation. [Since, apparently, the Franklin Center is going to make an another appearance we will know for sure if they admitted fault or not.]

      C) It could mean that Brett Kimberlin is playing the same games with The Franklin Center that he did with Lynn Thomas.

      • And, for pure fun, it means that the Federal Judiciary that believed it could limit the burden on itself by the expedient of issuing arbitrary and extended delays in the hopes the defendants would be forced to settle will find that it will have to spend more time debating those settlements than it would have spent on adjudicating the case promptly.

  3. The more prolific he is with this goofy take on law, the endless prevarications and malicious spite on display, the riskier it is for him wrt sanctions. He’s augering this plane into the ground like a French pilot with bad instruments.

    • Heh. Kimberlin is augering the vexatious plane straight into the ground while Schmalfeldt is riding the crazy train all the way to the scene of the crash. Would be quite a sight if it all happened at the same moment. That would need lots of popcorn.

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