In Re RICO Madness

The Dread Pro-Se Kimberlin has filed a letter asking for permission to file a motion for reconsideration of Judge Hazel’s dismissal of the Ku Klux Klan Act claims in the Kimberlin v. The Universe, et al. RICO Madness.

Also, Aaron Walker, Lee Stranahan, Stacy McCain, and I have jointly filed a letter asking for permission to file a motion for sanctions against Kimberlin.

Our letter speaks for itself, and I do not plan to make any substantive public comments on the matters it covers until after the court has ruled on granting permission to file.

34 thoughts on “In Re RICO Madness

  1. Meanwhile, William has utterly lost his mind; responding to your motion in the state lulzsuit and writing demanding e-mails to the Carroll County SA, “prosecutor to defense attorney.” It was quite a tirade.

  2. Tough call on this one. If I were the judge, I’d grant both requests and hear what the parties have to say.

    Refusing the Plaintiff’s request to file a request for reconsideration could be an issue for appeal (assuming Kush v. Rutledge actually says what he purports it to say, which is probably not a safe assumption). And the court can easily refuse the request to reconsider.

    Concerning the defendant’s motion, the court had repeatedly warned the Plaintiff to follow the rules, and the Plaintiff continued to refuse to follow them. This warrants more than a strong warning. Again, the court can easily refuse to grant sanctions.

    On the other hand, I’m sure the judge has had enough of this case.

    • Even if the judge is sick of the case, he’s got another on his plate. Even if he didn’t, it’s his job (and in his long-term interest) to make sure the law is being followed – and the law was broken on multiple occasions right in front of his nose.

      • And the other case he’s got on his plate can easily become another and another and another and another. Or, he could avail himself of the opportunity to neuter the litigious little lecher. It was awfully nice of The Diddler to present Judge Hazel with such an object lesson in vexatious litigation.

      • You know, in all of my conversations with judges over the years, I don’t think I’ve ever asked one if he thinks “mak[ing] sure the law is being followed” is part of his job.

        Next time I get a chance, I’ll ask one or two of them what they view their role is in law enforcement. I suspect they will say that it’s their job to resolve disputes (in civil matters) and ensure that the state proves its case against a defendant (in criminal matters).

  3. A few points…

    1) Brett barely talked about part one of section 2. Which is why the judge didn’t say anything about it.

    2) Brett is only telling half the truth about Kush. yes, you don’t need invidious discrimination, but you know what you do need? it needs to be obstruction of a federal judicial proceeding. And if you read last week’s opinion, the judge already said there was none.

    3) threatening the judge with appeal is not going to help him. it only helps us, because I suspect the judge was being nice to brett to avoid appeals. Now he will know it is coming no matter what.

    • Of course, appeals don’t bother a judge unless he’s overturned. And the odds of that are…? Hazel paid out a hell of a lot of rope before he jerked it taut.

  4. BOOM! Goes the dynamite.

    I’m sorry, that was an inappropriate metaphor.

    Do we have any other ticking time bombs here?

    I’m sorry, that was an inappropriate metaphor.

  5. Actually doing podcasts makes it impossible for someone to deny they said something, especially when they record it, play it, make CD’s and try to sell it

    Thank goodness for stupid stupid stupid enemies

    • Too bad none of his listeners record him… and my devout sympathy to those who might, and might listen to this record for posterior, um, I mean, posterity.

      And of course it could have been _anyone_ (for a given value of anyone) that called Hoge before Thanksgiving. Sucks to leave a big voice sample with your face tied to it.

      Ever hear the phrase “a face made for radio?” How about “and a voice made for newsprint?”

  6. I think the motion is very effective. It doesn’t play games or attempt to be clever. It just explains the problem, puts it in the real context of permanent abuse of the process, and offers two solutions.

    I hope Judge Hazel does what seems to me to be absolutely called for. Sanctions should be substantial enough to deter others. Brett couldn’t better define ‘vexatious litigant’ if he changed his name to ‘vexatious litigant’.

    Unfortunately, Hazel allowing one of Brett’s claims to survive might make it impossible for him to declare Brett vexatious at this point. If there was enough there to survive (which I didn’t think there was) then vexing Brett may be to the entire system, but frivolous apparently not (which is a shame).

    Prayers to Hoge’s wife and their family. May God heal and comfort these people just as surely as He will settle with Brett, ultimately.

    • I don’t know why it didn’t make explicit references to Brett Kimberlin’s abuse of the privileges of pleading to defame people with impunity, other than sanctions? His conduct was especially egregious given how certain websites tied to him repeated the defamatory content, themselves claiming the privileges of the press.

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