Wednesday, January 15, 2014

Evil Is Ascendant In Maryland; But Legal Payback Will Be A Bitch for Brett Kimberlin

All of the defendants' motions to dismiss the Brett Kimberlin vs Walker et al lawsuit were denied this week. That was disappointing. Now this farce of a trial will go forward, incurring ruinous legal fees and costs for Kimberlin's lawfare victims, wasting many hours of their time, and causing great worry and emotional distress. Even though the suit is transparent legal extortion of zero substance, there is always the chance that a rogue judge or screwball jury will ruin your life because they think the plaintiff is cute. Or because he's a fellow leftist. Or some other lame reason.

It happens -- ask Tom Delay, prosecuted for nonsense and convicted of a serious RICO crime (money laundering) by a rogue, leftist District Attorney.  Several years later, and after astronomical legal fees, an appeals court threw out the conviction and stated that Delay should never have been charged in the first place.  But Delay's political career was ruined.  Why was Delay prosecuted?  To destroy him, because he is a Republican.  

The legal process is very destructive.  And that makes it the ultimate weapon, because it's lawful.  Liars in court are rarely prosecuted for perjury, particularly in civil cases.  There is little downside for plaintiffs, unless they file suits in bad faith, for malicious reasons.  It is obvious why Kimberlin sued a large number of conservatives:  because he's a thug with a history of ruthless behavior.  He is motivated by hate and the desire to destroy those who have written about his criminal past.  No doubt he also wants money, since both of his nonprofit organizations appear moribund -- an online search reveals that tax returns (Form 990) for Velvet Revolution and Justice Through Music Project have not been filed since 2011.  I suspect that bad publicity about Kimberlin's crimes have dried up donations.  

Defendants who prevail in frivolous lawsuits do have some recourse.  In many states they can sue for malicious prosecution, to recover legal costs and punitive damages.  Plaintiffs who file many frivolous suits can be adjudged "vexatious litigants" and forbidden to file any more lawsuits without posting a bond and obtaining the permission of a judge.  

Kimberlin had better win his latest lawsuits.  I have it on good authority that, should he lose, it will be legal payback time.  An army of legal volunteers is waiting to track down every pro se lawsuit he ever filed.  These will be analyzed and compiled as evidence in prosecuting Kimberlin as a vexatious litigant.   On top of that, there will be a bevy of lawsuits for malicious prosecution.  

Finally, there will be a serious conversation with Kimberlin's parole board.  Does Kimberlin's malicious prosecution violate the terms of his parole?  If not, should it?  And if it does, shouldn't Brett Kimberlin be returned to prison?  

1 comment:

Penny said...

"A lie makes it halfway around the world before the truth can get its pants on."