Team Kimberlin Post of the Day


Here’s another round of pointage, laughery, and mockification for The Dread Deadbeat Pro-Se Kimberlin’s informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit.

<plm>TDPK makes the silly assertion that he has a First Amendment right to file his motion for summary judgment and the accompanying exhibits in the District Court publicly even though it contained sealed material. He writes—

Appellant had a right under the First Amendment to file his Motion for Summary Judgment publicly. However, the lower court ordered the parties to file them [sic] under seal and maintained that seal even after its decision was rendered. This constituted a grave constitutional error that prejudiced Appellant by having his case litigated in secret, away from scrutiny by the press and the public.

Also—

The First Amendment provides an affirmative right of public access to virtually all judicial proceedings involved in civil proceedings.

(And also proceedings proceeding in the Department of Redundancy Department.)

The Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, and the Local Rules of the Court of Appeals for the Fourth Circuit all provide for the use of sealed materials in a civil court proceeding. In fact, some things, such as the full names of minor children must be sealed. Patrick Frey’s lawyers were able to convince Judge Hazel to issue a protective order sealing discovery in the case, and TDPK is bound by that sealing order.

The First Amendment right of access to the court records resides with the public, you folks who are not parties or otherwise connected to the case. (I’m covered by the protective order because Kimberlin tried to get me sanctioned during discover for failing to give him documents I did not have. Because I was served with sealed documents that I did not provide as part of TDPK’s motion against me, I am now covered by the protective order.)

If Breitbart Unmasked wants access to the sealed portion of the record, that “news” organization can hire a lawyer and file a motion to unseal. If an enterprising “journalist” like Matt Osborne wants a peek, he can file a motion; as an individual, he file pro se and avoid the cost of a lawyer (but he will have to publicly provide the court with his contact information).

And that brings us to one of Brett Kimberlin’s principal problems with this case and his other lawfare: essentially no one, not even the leftwing moonbat media, believes him. The only members of the “press” or the “public” who would want to violate the privacy of Patrick Frey and third parties mentioned in the sealed discovery are members of Team Kimberlin, and they’re either too poor to afford a lawyer, too incompetent to file a proper pro se motion, or too afraid to let their whereabouts be known.</plm>

Failing failures gotta fail.

9 thoughts on “Team Kimberlin Post of the Day

    • Long, long ago in a capital not so far, far away, when I was chairman of the Maryland Medical Cadre, chairman of the Maryland Relief Committee, nebulous officer of the SDS and nominee for [redacted] in the Weather Underground, I noticed a stratification among The Resistance. There were those like me who had jobs or scholarships and revolutionized in our spare time, there were hippies from rich families who revolutionized on Daddy’s nickel, and then at the top there were a small number of well-groomed, well-fed, reasonably well-heeled full-time leaders of The Movement. Aspiring to that latter group, I attached myself to them, did their bidding, and eventually sought promotion. Thus I learned that their affluence obtained from their occupation “…selling Pravda and The Daily Worker on the Mall at twenty-five cents a copy…” The economics of this seemed rather sketchy, but I played along, and was told to report between 4 AM and 6 AM through the back gate of the Soviet Embassy to the rear loading dock, there to receive my bales of newspapers.
      (The actual structure of disbursements in such a recordless cash business are left as an exercise for the imaginative student.)
      It was thus that I learned that the John Birch Society was correct, that it was all a Russian Communist plot.

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