Kimberlin v. National Bloggers Club et al.

Motion by Bloggers "Patterico" and "Liberty Chick" to Dismiss Brett Kimberlin's Complaint

Ronald Coleman

From Patterico's Pontifications:

As many of you may have already heard, I am one of 20 defendants in a lawsuit filed by Brett Kimberlin in federal court in Maryland. Kimberlin has sued myself, Michelle Malkin, Glenn Beck, James O’Keefe, Erick Erickson, Red State, Simon and Shuster, Stacy McCain, Aaron Walker, Lee Stranahan, Bill Hoge, Mandy Nagy, and about eight other people or entities.

We’re accused of violating the federal RICO statute. That means that, according to convicted bomber and perjurer Brett Kimberlin, all of the defendants — Michelle Malkin, Erick Erickson, James O’Keefe, Glenn Beck, Patterico, and the others — are criminal racketeers.

Let that sink in. Brett Kimberlin is calling us criminals.

Sounds like I’m kidding, doesn’t it? Except I’m not.

Ken White has an excellent blog post about the complaint at He is not kind. You will not be surprised to learn that the lawsuit is packed full of falsehoods, only some of which are revealed by Ken. Ken explains that RICO lawsuits are “mostly used by angry pro se litigants and uncreative and self-serious lawyers.” Kimberlin filed this lawsuit pro se, and readers with long memories may recall it is not his first: he once filed a lawsuit alleging RICO and mail fraud violations over insufficiently provocative pornopraphy. As Ken explains, Kimberlin’s suit is nothing more than a tool of harassment designed to stop people from talking about Brett Kimberlin. And it is dishonest:

In accusing Patrick Frey of acting in his official capacity when he blogs, Kimberlin is knowingly lying to the court. He cites posts in which Frey explicitly states he’s blogging as a private citizen but dishonestly conceals that detail from the court . . . .

. . . .

Kimberlin misrepresents many, if not most, of the swatting stories. Kimberlin suggests that people accuse him of being behind the swattings. But once again, he’s lying to the court about the contents of the posts he complains of. His adversaries — especially the people who were swatted — typically lay out all the evidence, and let their readers decide. Consider this post by Frey, which lays out the pattern of harassment by Kimberlin and his allies against people who criticize him, but leaves the conclusion to readers. Or consider this post, in which Frey actually corrects a media outlet that attributes to him an accusation against Kimberlin . . .

Those are just a few of the blatant lies in Kimberlin’s censorious and dishonest lawsuit.


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Reference Info: Legal Memoranda: Motion Addressed to Pleadings | Federal, 4th Circuit, Maryland | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Coleman, Dhillon Law Group, Inc | Attorney Advertising

Written by:

Ronald Coleman

Dhillon Law Group, Inc on:

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