Team Kimberlin Post of the Day


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.

* * * * *

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.ECF 100-1-155I 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. ECF 67-13Yes, 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.

5 thoughts on “Team Kimberlin Post of the Day

  1. Ok.

    Quote:

    “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.”

    Unquote.

    But if I read you right, Kimbo’s lawsuit was thrown out for lack of jurisdiction as well as failure to state a claim. Brett Kimberlin refers to these as ‘technicalities.’ He says so right in the transcript.

    FRCP 11 requires that you certify.

    The evidentiary support offered by Brett Kimberlin was nonsense on stilts. Oh- And provably false. There was no, none, evidentiary support for the facts Brett Kimberlin submitted.

    Brett Kimberlin lied. To the court. In the courts’ face. Wasn’t even close.

    No sanctions. No penalties. No harm no foul. I reckon- So why not roll the dice over and over and over again? Costs are minimal; if that. No costs outside of filing plus Brett Kimberlins’ personal time. I’m fairly sure he sees it as a challenge. That’s IMHO, don’t sue me Brett.

    Watching you fight Brett Kimberlin in court, I admire you for doing so, has taught me The Courts are a crapshoot. They don’t follow the law. They don’t even follow their own procedures.

    The judges can’t follow the law because it has become too complex.

    The judges can’t follow their own procedures because they don’t have the intellectual capacity to maintain a thread over time and see inconsistencies.

    Sure. I want to be ruled by my betters. What could go wrong?

    • He does it to prop up his little fantasy persona – and to keep his private cons going – he’s talked big about it to family and donors, If his character hasn’t much altered from his bomber days. If you ask me, I think he at least halfway buys into it himself. I think he’s crazy, to tell the truth.

  2. Maybe when you are a terrorist/drug dealer/gun runner/adjudicated pedophile you shouldn’t go around suing people then complaining when you get the attention you didn’t want in the first place.

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