One of the reasons that Team Kimberlin loses at their lawfare is their inability to structure case supported by evidence for a claim upon which relief could be granted. Indeed, as this Prevarication Du Jour from four years ago today shows, the evidence presented often contradicts their claims.
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Federal Rule of Civil Procedure 11 requires that a person submitting a court paper must certify that
the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
With that in mind, consider this bit from The Dread Pro-Se Kimberlin’s Second Amended Complaint in the Kimberlin v. The Universe, et al. RICO Madness.I suppose TDPK bases that nonsense on this blog post which he included as an exhibit with his opposition to Michelle Malkin’s motion to dismiss. Yes, that is a picture of Glenn Reynolds, but everything else TDPK alleges is wrong. He isn’t holding a shotgun; that’s a .50 caliber rifle. He didn’t post the picture with the caption addressed to TDPK. As the Gentle Reader can see, the post is from the Charlie Foxtrot blog which had lifted the image from an Instapundit (Prof. Reynolds’s blog) post about shooting the custom-built rifle. Finally, IIRC, Glenn Reynolds is not now a member of the board of the National Bloggers Club, although he may have been at the time of the Charlie Foxtrot post.
So much for due diligence.
UPDATE—Here is the original Instapundit post from which the picture was taken. Note that it dates from October, 2010. That’s well before any of the activity alleged in TDPK’s complaints.
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Even when they file a case in a court with jurisdiction over the defendants (both of The
Dread Deadbeat Pro-Se Kimberlin’s RICO cases were dismissed against me for lack of jurisdiction as well as failure to state a claim), Team Kimberlin struggles to find a scintilla of evidence to make a case.
No wonder things proceed as I foresee.