The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings

Posted on | December 18, 2013 | 37 Comments

Brett Kimberlin could have been sentenced to 230 years in federal prison

“Kimberlin seemed to be the only one with a possible motive — to distract police attention from the Scyphers murder and delay or halt their quiet investigation of him.”
– R. Joseph Gelarden, Indianapolis Star, “Kimberlin case a maze of murder, deceit,” Oct. 18, 1981

“I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money . . .”
— Brett Kimberlin, Oct. 11., 2010, e-mail to Patrick Frey

The World’s Worst Pro Se Litigant™ continues to pursue his $1 million Maryland lawsuit, Kimberlin v. Walker, et al., as well as his federal RICO lawsuit, which has been dubbed Kimberlin v. The Universe, et al., as if either of these nonsensical pieces of amateur litigation has the proverbial snowball’s chance in hell of success.

Unfortunately, the frivolous litigation that a perjuring bomber files against innocent people must nonetheless be taken seriously by the defendants, and therefore motions must be filed and so forth. Even if I were not among the innocent defendants in these cases, they would still be amusingly newsworthy, i.e., the notorious criminal who says he has been defamed by a vast conspiracy of law-abiding citizens. In response to my attorney’s motion to dismiss the Maryland suit, filed last month, Brett Kimberlin filed a motion that included this:

Regular readers know that I moved out of Maryland in mid-2012 to avoid harassment by Brett Kimberlin and his associates. Now, in order to assert that I am subject to the jurisdiction of Maryland courts, Kimberlin asserts (in his own words) a “conspiracy theory” claiming that John Hoge is my “agent” whose actions may be “attributed” to me “in furtherance of a conspiracy.” In other words, Brett Kimberlin alleges I am responsible for Hoge’s actions — that Hoge has acted as my “agent” in Maryland — and Kimberlin claims he can “demonstrate” this as a matter of fact.

You may ask: What is this 2006 Mackey v. Compass Marketing case that Kimberlin cites? It involved two corporate executives who were accused by a plaintiff of conspiring to reduce the commission rate they paid to a broker who lived in Maryland.

That case had nothing to do with defamation, harassment and the other “tortious actions” that Kimberlin alleges against the defendants in this suit and, I would argue, this difference is quite important, because what I have actually done (as opposed to what the convicted perjurer Brett Kimberlin falsely alleges I have done) is to report about and comment on various newsworthy events, a sort of business quite unlike the paying of commissions to brokers. In fact, my reporting and commentary were (and are) matters directly related to the exercise of freedom of speech and freedom of the press under the First Amendment. Readers should forgive me for suspecting that Kimberlin will be required to clear quite a high threshold of proof to claim that my communications with John Hoge constitute a conspiracy, rather than the ordinary business of a journalist citing sources for accounts of events.

Well, I am not a lawyer and it would perhaps be imprudent to discuss any further my own view of this particular matter. Maybe later I’ll share more amusing excerpts from Brett Kimberlin’s conspiracy theory case, but of more immediate interest:

  1. Aaron Walker has published his motion to dismiss Kimberlin’s federal RICO lawsuit, and has also published his lengthy supplemental memorandum to that motion;
    and
  2. John Hoge notes that, even before Walker published the memorandum, that filing was already being discussed by certain persons on the Internet as if they had direct familiarity with the document.

It is perhaps merely a coincidence that Bill Schmalfeldt seems to be privy to every detail of Brett Kimberlin’s legal proceedings, but if one were prone to constructing conspiracy theories, one might allege that Schmalfeldt and others are Kimberlin’s agents.

Brett Kimberlin’s pro se litigation is outrageous because, if he had sought the counsel of any competent attorney, that attorney would have been obliged to tell him that his conspiracy theory is nuts and that he has zero chance of prevailing in court, and therefore no such lawsuit ever would have been filed. However, because no court has yet imposed sanctions on Kimberlin, the dishonest felon continues to persist in this pattern of “lawfare” harassment.

Exit Question 1: If it is defamation and harassment for the defendants to have expressed suspicion that certain people are acting on behalf of Brett Kimberlin, how are Kimberlin’s own false conspiracy allegations (e.g., that Hoge is my “agent”) not also defamation and harassment?

Exit Question 2: If your answer to the previous question is that Kimberlin’s allegations are privileged because they were made as part of a civil lawsuit, doesn’t this tend to incentivize such litigation, so that the safest way to smear a person’s reputation is to file a frivolous lawsuit crammed full of malicious accusations that would be libelous if they were published as journalism?

Exit Question 3: When are courts going to take notice of Brett Kimberlin’s own boast that he files lawsuits merely for the purpose of harassing people against whom he has a grudge?

 

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Category: Journalism, The Kimberlin Files

Comments

37 Responses to “Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings”

  1. rsmccain
    December 18th, 2013 @ 4:04 pm

    Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/mirH9YQter cc @wjjhoge @ali @AaronWorthing @BomberSues

  2. wjjhoge
    December 18th, 2013 @ 4:05 pm

    RT @rsmccain: Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/mirH9YQter cc @wjjhoge @ali @AaronWorthing…

  3. ali
    December 18th, 2013 @ 4:06 pm

    RT @rsmccain: Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/mirH9YQter cc @wjjhoge @ali @AaronWorthing…

  4. WJJ Hoge
    December 18th, 2013 @ 4:07 pm

    When do I get my next check?

  5. robertstacymccain
    December 18th, 2013 @ 4:08 pm

    Why are you asking me? I am a mere lickspittle.

    You should ask PatteRICO.

  6. WJJ Hoge
    December 18th, 2013 @ 4:11 pm

    I thought we were Team Akbar this month.

  7. Who’s On First? | hogewash
    December 18th, 2013 @ 4:23 pm

    […] UPDATE—Stacy McCain says I’m not his agent. […]

  8. screwtape1a12
    December 18th, 2013 @ 4:24 pm

    RT @rsmccain: Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/mirH9YQter cc @wjjhoge @ali @AaronWorthing…

  9. Mm
    December 18th, 2013 @ 4:42 pm

    I’m so confused. I thought “Herr” McCain was in charge this month.

  10. budosworldcom
    December 18th, 2013 @ 4:44 pm

    Wake job Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/7tbqaXEHlS

  11. rsmccain
    December 18th, 2013 @ 4:44 pm

    “The World’s Worst Pro Se Litigant™ continues to pursue his $1 million Maryland lawsuit …” http://t.co/mirH9YQter @Popehat @Patterico

  12. robertstacymccain
    December 18th, 2013 @ 4:49 pm

    No wonder our conspiracy isn’t working. We can’t even agree on who the mastermind is!

  13. Kimberlin and Schmalfeldt News | Batshit Crazy News
    December 18th, 2013 @ 4:50 pm

    […] TOM: They never learn… […]

  14. Mm
    December 18th, 2013 @ 5:00 pm

    Side note – the deranged cyberstalker and self-proclaimed troll, Bill Schmalfeldt, is demanding that Walker retract statements made about him in the motion. Tip: as you noted above, legal pleadings are privileged. That means that Walker could say that Schmalfeldt eats babies with a side of puppies and there is nothing BS can do about it. Now, these allegations are part of a legal record for posterity.

  15. rsmccain
    December 18th, 2013 @ 5:01 pm

    RT @budosworldcom: Wake job Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/7tbqaXEHlS

  16. HarrietBaldwin
    December 18th, 2013 @ 5:02 pm

    RT @budosworldcom: Wake job Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings http://t.co/7tbqaXEHlS

  17. robertstacymccain
    December 18th, 2013 @ 5:07 pm

    As I said when Kimberlin first filed suit, he obviously didn’t think about the potential consequences.

    Or perhaps he did think about the consequences and just didn’t care, so that these lawsuits can be seen as an act of suicidal desperation.

  18. Joe Dokes
    December 18th, 2013 @ 5:10 pm

    o/t

    You’ve probably seen this:

    http://houston.cbslocal.com/2013/12/18/duck-dynasty-star-a-vagina-is-more-desirable-than-a-mans-anus/

    Notice how the homosexual urges readers that Roberts “knows nothing about” sodomites (wrong!) while in the very same statement he deigns to pontificate to Robertson on “what true Christians believe.”

    This utterly-blind-to-self hypocrisy is stunning. Prepare to see more – much more – of it in the near future.

  19. Mm
    December 18th, 2013 @ 5:13 pm

    Exit Question 2:Theoretically, you are correct. There are two ways, however, that such behavior is punished. First is the application of Rule 11, second are requiring verified pleadings.

  20. Mm
    December 18th, 2013 @ 5:15 pm

    Exit Question 3: As Popehat explained, this may happen after one his lawfare victims does the hard work of tracing every lawsuit he has filed and documenting everything for a court.

  21. robcrawford2
    December 18th, 2013 @ 6:11 pm

    “It is perhaps merely a coincidence that Bill Schmalfeldt seems to be privy to every detail of Brett Kimberlin’s legal proceedings…”

    Pillow talk.

  22. Mm
    December 18th, 2013 @ 6:34 pm

    Speaking of pillow talk, Schmalfeldt is engaging in homoerotic sexual imagery again. His coprophilic tendencies were on display earlier today.

  23. Matthew W
    December 18th, 2013 @ 6:34 pm

    WARNING !!!!
    The convicted Speedway bomber may use a screenshot as evidence !!!

  24. Matthew W
    December 18th, 2013 @ 6:34 pm

    WARNING !!!!
    The convicted Speedway bomber may use a screenshot as evidence !!!

  25. That Guy
    December 18th, 2013 @ 8:40 pm

    It’s not just Kimberlin that boasts about his propensity to file a large # of lawsuits. Both Matt Osborne and Bill Schmalfeldt have made specific points to bring this to the attention of others – in a clear attempt to intimidate others into not speaking up

  26. bet0001970
    December 18th, 2013 @ 9:06 pm

    And that is the bestest part. What did these tools think was going to happen?

  27. Evi L. Bloggerlady
    December 18th, 2013 @ 10:23 pm

    Ahmmm, if you are discussing who the mastermind is, it is almost certain the answer is “no one”

  28. Evi L. Bloggerlady
    December 18th, 2013 @ 10:24 pm

    You know those chess masters who play 15 or 20 moves ahead?

    They aren’t named Kimberlin. And Schmalfeldt? He is still struggling with the concept of checkers.

  29. Evi L. Bloggerlady
    December 18th, 2013 @ 10:26 pm

    There are words for this: BSC He should tell them to get stuffed and get a new gig (I bet there are other cable stations that will love to get that show).

  30. Steve Skubinna
    December 18th, 2013 @ 11:24 pm

    1. File lawsuit.
    2. ????
    3. WIN!

  31. Adjoran
    December 19th, 2013 @ 2:29 am

    Shortly after unexpectedly losing the Championship to the White Russian Alekhine in 1927, the great Cuban chess genius Capablanca was asked how far ahead he planned in the match. “It varies, of course, but on average, I saw about ten moves ahead.”

    The same reporter then asked Alekhine the same question, informing him of Capablanca’s answer. So Alekhine responded, “I only saw one move ahead – but it was always the best move.”

  32. Adjoran
    December 19th, 2013 @ 2:32 am

    Eh, nothing is really happening, so no contract violations have occurred on anyone’s part. It’s just drama. Phil isn’t going anywhere, and no one will require him to.

  33. Adjoran
    December 19th, 2013 @ 2:38 am

    Maryland is supposedly one of the more difficult states to get someone designated a “vexatious” or “tortious” litigant, which would prevent them from filing any sort of legal suits, motions, pleadings, or anything else without the preapproval of an administrative judge.

    As Hoge and others have pointed out, it would take a major effort to track the records of all Kimberlin’s frivolous filings, since many were before most states posted court filings online.

    The current cases are of just the sort that might help get that restriction on him if such a compilation were available.

  34. Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings | Dead Citizen's Rights Society
    December 19th, 2013 @ 8:05 am

    […] Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings […]

  35. WJJ Hoge
    December 19th, 2013 @ 2:15 pm

    Do not underestimate the thoroughness of the members of the Vast Hogewash Research Organization in scouring the records of Indiana, Maryland, and the federal courts.

  36. You Should Resign From Humanity, Phil Robertson | Regular Right Guy
    December 19th, 2013 @ 5:50 pm

    […] Brett Kimberlin’s Conspiracy Theory and Other Recent Legal Proceedings […]

  37. Frankie
    December 20th, 2013 @ 10:17 am

    His coprophilic tendencies are on display EVERY day