Brett Kimberlin fancies himself as being on the very high end of the intelligence scale. The TKPOTD for five years ago today dealt with on his more stupid lies.
* * * * *
Not only is The Dread Pro-Se Kimberlin a bad liar, he’s a stupid one. He included this whopper in his appeal in the Maryland Court of Special Appeals of the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit.
It’s trivially easy to show that he misrepresented what happened in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit in federal court. A quick check of the online docket of that case in PACER shows that I filed a reply to TDPK’s “Omnibus Opposition” to the motions to dismiss from the multiple defendants. The following appears near the bottom of page 2 of my reply (ECF No. 236)—
The Gentle Reader can click here to read my reply and see that I spent three pages dealing with TDPK’s failure to respond to the points related to res judicata I raised in my motion to dismiss. Not only did I raise res judicata in the federal case, I pounded the point heavily.
Why did Kimberlin make such a transparently false claim? Did he think that I wouldn’t remember raising res judicata in the federal case? Did he think that I wouldn’t provide copies of my federal filings to my counsel and the other appellees in the case? Did he think he wouldn’t get called out in one or more of our reply briefs? Has he never seen a picture of one those coffee mugs?
Moreover, he’s wrong on the law. Some defenses are waived if they are not raised in the answer to a lawsuit. However, neither the RICO Madness LOLsuit nor any of TDPK’s subsequent lawfare made it past motions to dismiss, so none of them had to be answered. None of the cases progressed far enough for a defense to have been waived, so it doesn’t matter whether any defendant raised res judicata in the federal case at the motion to dismiss stage. Thus, Kimberlin has been caught telling a needless lie that wouldn’t have supported his appeal if it had been true.
#StupidIsAsStupidDoes
* * * * *
He should have stuck to peddling these briefs.
I view, with concern, this business (concept?) of ‘lies’. Tis the province of The Left; callout that is-
Brett is Woke, self-serving and inclined towards Calvin-Ball when it suits him.
John is the antithesis.
It’s not a lie if he believes it. Brett does. HIs misrepresentations are consonant with his belief-system. That’s not Kimberlins fault; however psychopathic that worldview might be. All this is IMHO, Brett, don’t sue me-
And the courts didn’t call him out on it. None of it. And I kinda’ see why but also see why not. Regardless, there’s no penalty for lying when making your case. Probably shouldn’t be; because- Look at what a great job FACT CHECKERS in The Press do (over some months). What you know is TRUE is contingent on what you believe based on your perspective at some point in time. At a later point in time your perspective may change given facts may have changed. At some later point in time. Unless, of course, you’re The Press in which case you don’t have to worry about facts or being consistent. Over any period of time.
I do note that at some point in time the MD courts finally figured out they had to route Brett Kimberlin through a single judge in order to maintain some sense of consistency. Do I remember that correctly? And is that a entirely good thing?
I could argue that both ways. Devil’s Advocate and all that. Life is tough. Justice, and adjudication, is even tougher.
But not now. The monkeys call. Bubbly awaits. And then I have to re-stack all the barrels. I swear, our gym is a mess.