Team Kimberlin Post of the Day

I’ve been reviewing the collected Interwebz oeuvre of Team Kimberlin for an upcoming project, and I’ve found some stunningly stupid blithering. One particularly outstanding bit of drivel is a post by Very Ordinary Seaman Ferguson on his The Mockery Continues blog (No, I won’t link to it) called Brett Kimberlin Is Not Adolph Hitler. The post is from early February, 2014, before he became completely fixated on me, and it is a ill-informed critique of the first motion to dismiss filed by Michael Smith on behalf of Michelle Malkin in the Kimberlin v. The Universe, et al. RICO Madness LOLsuit.

The Malkin motion argues, as did almost all the defendants’ motions to dismiss, that Brett Kimberlin is defamation proof, that is, his reputation is so bad that it can’t suffer further injury. VOSF thought (and may still think) that argument was bunk.

Your client isn’t being sued for telling the truth.
Expect your motion to be denied.

So far, the courts haven’t agreed with Ferguson. None of the motions to dismiss the defamation claim in the RICO Madness LOLsuit were denied. In fact, Judge Hazel dismissed that claim, albeit without prejudice. That allowed The Dread Pro-Se Kimberlin to refile the defamation claim in state court as part of his RICO Retread LOLsuit.

Of course, Michael Smith included the defamation proof argument in the motion he filed for Michelle Malkin and Twitchy in the state case, and Judge Mason found in their favor, ruling that

I will adopt the arguments of the defendants on their motion to dismiss[.]

popcorn4bkIOW, he ruled that Kimberlin is defamation proof. Thus, we can add that to the list of things that have been adjudicated against Team Kimberlin, and we can record another failed legal prediction for VOSF.

As another blog has pointed out, The Mockery Continues but not how he thought. Indeed, VOSF is a master of unintentional self-mockery. He wrote this just a few days before the Kimberlin v. Walker, et al. trial.

P.S. I’ll just go ahead and prepare you for the eventuality of Brett Kimberlin’s past being wholly irrelevant in this case. Don’t be surprised it barely rates a mention in court next Monday.

(The bad link is in his original post.) TDPK sued my codefendants and me because we had, in part, written about his past. In the Walker, et al. LOLsuit he couldn’t prove that what we had written about him was false. In the RICO Retread LOLsuit the court has found that his past behavior renders him so odious that he can’t be defamed. TDPK’s past has been important in all the case that have come to court thus far.

Brett Kimberlin really needs to open a fresh can of PR flacks.

6 thoughts on “Team Kimberlin Post of the Day

  1. I have said it before, but I shall keep on saying it. I really believe that the whole crew completely misunderstood the legal meaning of “defamation per se” and interpreted it not as a term of legal art but in its apparent meaning. They just never got that legally defamation per se is meaningful only after defamation has been shown.

    • They also do better when the default assumption is that thier claims are true, so they don’t have to show evidence. But I think Brett went way overboard on his last RICO 2 motion I read. I mean, it might raise the judge’s eyebrows when every third sentence is a variant on “and you must assume that what I said is true for this stage of the trial.” usually followed by “so give me discovery so I can have evidence”.

    • Nah. Purposeful lying is purposeful. They don’t have a good faith belief that their claims are true and that they should prevail on the merits which is what misunderstanding the law would imply (or impute!).

      Their claims exist to harass and punish those who they do not like.

  2. What can you expect when you only pay your PR flacks in booze and drugs. You get Wee Will Fergi, Baghdad Blob, and Matt(I’m not a pedo I just look at child porn that’s ‘not that bad’) Osbourne.

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