Q: When do you know that everyone’s favorite Convicted Speedway bomber has finally crossed a line even the left can’t abide?

Stacy tells the story of the ACLU and former Kimberlin Lawyer Paul Alan Ley defending Ace is here and here A peek:

I doubt Kimberlin v. Ace of Spades will ever become a landmark Supreme Court ruling, something your grandchildren will read about in history books, but crazier things have happened, so you never know.

But here is the story from the horses’ mouth key bits:

Kimberlin was in prison for some horrifying crimes – the planting of several bombs in Speedway, Indiana – and we had no idea whether Kimberlin was telling the truth about Quayle.  But the Justice Department was not punishing him on the theory that his speech was deliberately false and defamatory (in which case it would have been unprotected by the First Amendment; but how would the Justice Department have known whether Quayle was or was not a drug customer anyway?), and even thugs have the right to criticize public officials.  So we pursued documents about his confinement under the Freedom of Information Act, hoping to set up a Bivens action against the responsible federal officials.  (The action under Bivens and other authorities was brought by pro bono attorneys from Arnold & Porter and was ultimately settled after several denials of summary judgment and trips to the DC Circuit and even the Supreme Court).

Right away Mr. Levy points to Kimberlin as a person who was jailed for horrible crimes.  That being the case it would seem to me that referring to said crimes and or distrusting said person based on those crimes would be not only normal but prudent.

As I usually do in these situations, I began by trying to persuade Kimberlin to drop his discovery request because the blog post in question is not defamatory.  Kimberlin responded by detailing a number of different statements that Ace of Spades had made which, Kimberlin threatened, would be made the subject of an amended complaint.  And when Kimberlin learned that I had not been dissuaded, he sent Ace of Spades an email threatening that, unless Ace immediately accepted Kimberlin’s unspecified terms, Kimberlin would unmask her and she might suffer the same fate as other bloggers whom Kimberlin had managed to identify (Kimberlin mentioned one blogger who had lost his job and suffered two years of unemployment).

I’m a big believer in trying to head off trouble politely  Mr. Levy is to be commended as a person who both has contact with Mr. Kimberlin and his trust due to his earlier association in attempting to dissuade him from these actions.  That Kimberlin rejected this wise advice and instead began threatening Ace in my opinion says that Stacy McCain , William Hoge, Aaron Walker & Patterico have him pegged exactly right from day one.

As for Mr. Levy he then talks about what he has argued that Ace of Spades….

…has real reason to fear retaliation if she is identified.  This could involve either the economic consequences that Kimberlin threatened explicitly, or even physical consequences in light of the SWATting phenomenon visited by unknown persons on several bloggers involved in controversies with Kimberlin, not to speak of Kimberlin’s own violent past.

and if that last paragraph didn’t clinch that Kimberlin et/al are dangerous this one from the complaint should do it:

First, there is a serious danger of retaliation against Ace of Spades. Ace is concerned by Kimberlin’s past reputation for violent acts — resulting not only from Kimberlin’s convictions for the terroristic bombing campaign in Speedway, but also past reports about Kimberlin’s effort to procure the murder of the prosecutor of the bombing cases, and the police investigation into whether Kimberlin was involved in the gang-style slaying of Julia Scyphers and then planted the bombs to cover up that crime, reported in the Indianapolis Star.  Gelarden, supra. Moreover, even assuming that Kimberlin was not himself involved in the SWATting of his critics (and as long ago as 2012, Ace of Spades specifically urged her readers not to assume that Kimberlin was the SWATter, because she does not believe that he was), the factremains that several of Kimberlin’s critics have been SWATted.   Complaint ¶¶ 58-62. Given Kimberlin’s public identification of other critics as soon as his subpoenas revealed their identities, Ace of Spades has every reason to fear violence at the hands of Kimberlin’s admirers if Kimberlin obtains his identifying information.

To those who think this is all overplayed or not a big deal re-read that last sentence.

I have a lot of respect for all those who have taken on Kimberlin & co head-on, they are doing it not just for themselves but for those who follow who would be intimidated and silenced.

That a debt that can’t be easily repaid.

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Olimometer 2.52

It’s Wednesday and the quest for the #350 to pay the pay Da Magnificent Seven and the less than magnificent mortgage continues.

You might ask why you should support some overweight guy in a fedora & a scarf writing a parody piece about the media ignoring Jihadists. I submit and suggest it’s BECAUSE I’m writing these pieces that the MSM does not that you should kick in.

10 $25 tip jar hits will do it for this week.

If you would to help Just click on DaTipJar below

Now there is another reason to kick in on a more permanent way

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Calvera: You’ll do much better on the other side of the border. There you can steal cattle, hold up trains… all you have to face is sheriff, Marshall. Once I rob a bank in Texas; your government get after me with a whole army… whole army! One little bank. Is clear the meaning: in Texas, only Texans can rob banks.

The Magnificent Seven 1960

I hate to say it but  in one respect the Kimberlin/Rauhauser crowd has been rather successful.

The primary service they, in my opinion, perform for the left is to tie up bloggers who would otherwise be promoting other stories that could expose and inconvenience their goals.  There is always the chance that bloggers hit a story,  get it promoted high enough up the food chain to be noticed and/or reported in the MSM to the general public.

This is why I believe the far left people and groups who have funded Kimberlin in the past are, again in my opinion, funding him now.

So like a scratch that can become infected it’s my opinion that Kimberlin/Rauhauser et/al basically “clean” said scratches by tying them up, either in litigation or by drawing at least some of the attention of said writers away from what his happening in the world.

Now there have been some large blogbursts on the subject including  “Everybody write about Brett Kimberlin Day”.  Stacy McCain’s posts on the subject have gotten their share of Instalanches as well but there has been one constant in all of that.

The knowledge and outrage concerning these men has remained largely in the political blogging community and hasn’t broken out to the general public or the low information voter.  We are all known within our sphere, some are even famous in those circles but we are only vaguely known to the public.  Glenn Reyonlds once described it like being a “Champion Bowler” (if you don’t believe me tell me who Earl Anthony was without doing a web search).

As long as this remains true, that the activities of  Mr. Kimberlin, Mr. Rauhauser et/al remain a topic of conversation within that bubble, they can continue to be effective, particularly if you consider who is running the Justice department these days.

Which brings us to the web site Bullyville.

bullyville1

As you can likely tell from the masthead and the facebook page the site is all about bullying both online and in person.  The proprietor of the site, James McGibney has fought an effective battle against those who wish to bully others both online and elsewhere. If you doubt said effectiveness “Revenge Porn King” Hunter Moore might not.

a Nevada judge finally issued a ruling on the case, proclaiming that Mr. Moore must pay Mr. McGibney $250,000 in defamation damages, as well as pay his legal fees.

We reached out to both Mr. McGibney and Mr. Moore and will update when we hear back.

Update:  Here is a statement from Mr. McGibney:

“this judgment is the least of Hunters worries. It just helped to pave the way for the class action lawsuit already in the works against him. He thinks these young girls have forgotten what he did to them; think again. And when you threaten to rape my wife while my kids watch, you’ve earned my undivided attention. Never forgive, never forget. #expectus”

While I likely disagree with Mr. McGibney on some subjects I would not doubt for one second his effectiveness, nor would I question his reach:

bullyville

…which on twitter is 20 times larger than mine and triple that of friend RS McCain

That being the case his new-found interest in the Kimberlin/Rauhauser crowd can’t be good for them:

If you simply Google the name Neal Rauhauser; you will quickly see what kind of man; he really is. He’s a cyber-terrorist, who is buddies with an actual convicted perjurer and domestic terrorist, who was convicted of bombing an innocent American citizen, blowing his leg off and ultimately resulting in the suicide of his victim from pain and suffering.

The same domestic terrorist who associates with and employs his ex-prison buddies who were convicted of possession of child pornography. Neal Rauhauser is considered one of the most notorious bullies on Twitter.

That is is the tame friendly part, go to the Bullyville site for the whole ten yards.

It’s bad enough for the Kimberlin/Rauhauser crowd that Bullyville took an interest in him and directed his large readership  to many Rauhauser foes in the process:

So run along and connect to a TOR node in Switzerland and create a bunch of pastebins about me that 100 people will read. By the time you’re done with that, I guarantee you over 250,000 people will have read this.

but the TYPE of readership Bullyville has that means a lot of trouble.

Bullying is a hot topic, a week can not go by where the national media doesn’t bring it up, it’s become a cause célèbre for the famous and many millions of ordinary people who likely never spend a single day on a political blog have an interest in it.

That means that like the Three Stooges when their shorts were first shown on TV, the Kimberlin/Rauhauser story is now being exposed to an entirely new audience who are not only being informed but are being directed to a series of web sites that have told their story with even more detail than Mr. McGibney and all of this is going on while the Kimberlin suit is going forward.

I suspect this marks the beginning of the end of their effectiveness. Particularly if Mr. McGibney decides to take an interest in the source of their funding which I suspect is a very interesting story indeed.

My advice at this point to the Kimberlin/Rauhauser crowd would be to ride on, to cut and run in the hopes that he doesn’t pursue this further, I suspect, however that it’s already too late.

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Olimometer 2.52

While it’s likely too late for Kimberlin & Rauhauser to escape the wrath of Mr. McGibney it’s clearly not too late for me to make my final $305 paycheck.

Tomorrow begins a new week when I’ll need a paycheck to support myself, Chris, Vin, Harry, Bernardo, Brett, Lee and Chico

I’ll just ask you to hit DaTipJar below.

It’s been suggested that the Brett Kimberlin suit against bloggers is about silencing people or at least making them think twice concerning writing about him. Being a person of limited means totally dependent on my readers for my personal income that thought does weigh on my mind.

After all yesterday Patterico reported this concerning Brett Kimberlin suit vs bloggers:

A search of court records reveals the complaint is for “DEFAMATION, MALICIOUS PROSECUTION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.”

That sounds serious and other than the potential of discovery I doubt any of the people involved are happy about being sued.

So when I saw this link from Jeff Quinton yesterday and followed it to this post he wrote from last year that linked to this bit at Ace of Spades saying this:

While I, and Kimberlin’s other targets, are heartened by Congress’ letter to Eric Holder to look into the SWATting matter, what a reading of Citizen K demonstrates is that Congress itself needs to act in order to finally put an end to Brett Kimberlin’s ongoing digital (and real-life) terrorism.

Because not even prison stopped Brett Kimberlin’s crimes. While working as a prison clerk, Brett Kimberlin forged his own release order, forging all necessary signatures; he planned to release himself at 12:01 am on Memorial Day weekend. His plan is that no one would attempt to call the warden to confirm the release in the middle of the night on a holiday weekend; to make the process of confirming the strange midnight release, he also took the step of removing contact information from the office’s Rolodex. This scheme was ready to be executed, but for a lucky break for justice: Kimberlin was unexpectedly moved to another prison before Memorial Day, and his forged release form was now useless.

Another job he was assigned to in prison was doing quality control for military equipment. Rather than ensuring that equipment used by the men and women of the armed forces were in proper working order, Brett Kimberlin gave the equipment a positive rating — and then cut the wires himself.

This is not an allegation; this is an amusing anecdote he enjoys bragging about. From Citizen K, page 184, directly quoting Kimberlin from the many conversations the author had with him in preparing the book:

“I’d run the cables through quality control,” [Kimberlin] said. “I’d check them. I’d sign off on them. And then I’d cut some of the damn wires.”

I was very worried about what might happen to me for quoting it.

After all to Brett Kimberlin quoting his attempt at escape might constitute DEFAMATION as he didn’t actually execute this plan.

Kimberlin may consider it HARASSMENT to have my readers in 50 states & 170 countries reminded of his willful destruction of military equipment.

It’s not the first post I’ve written about Brett Kimberlin so this post might be construed as  STALKING.

I’m a known friend of Robert Stacy McCain, attended Blogbash and participated in “Everybody blog about Brett Kimberlin day.  Kimberlin will surely think that was proof of a CONSPIRACY.

While they appear on an A list blog (Ace’s site is in the top 25k worldwide & top 10k nationally) and in a book titled: Citizen K: The Deeply Weird American Journey of Brett Kimberlin by Mark Singer available at Amazon here  Kimberlin might consider it an INVASION OF PRIVACY to report on this events long forgotten..

Finally for Kimberlin it goes without saying that any mention of these events, even on my C list site constitutes an INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS particularly if these statements are repeated on a Syndicated Radio Talk heard on three AM stations and nationally on FTR Radio.

At least I would be worried about such a thing if I didn’t realize that under that broad definition of DEFAMATION, HARASSMENT, STALKING, CONSPIRACY, INVASION OF PRIVACY AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS that Mr. Kimberlin would be using to sue, Miley Cyrus would be in court after me in a second.

Followed closely by Barack Obama, Harry Reid, Mitt Romney, Gabriel Gomez, Hillary Clinton, Scott Brown,  Anthony Weiner, Nancy Pelosi, Richard Cohen, Andrew Sullivan, Matt Smith, Steven Moffat, Joe Scarborough and Arther S. Demoulas.

So I think, Mr. Kimberlin’s current suit not withstanding I think we’ll take the risk and hit Publish on this post and hope for the best confident that the hundreds of people who have hit my tip jar this year would help defend if a suit took place against me.

Closing thought:  Am I the only person who read that quote above and thought:  Who the hell decided: “Hey,  you know who would be the most reliable cost-effective choice to inspect the equipment that our volunteer army depends on the carry out their missions?  Members of the prison population!”?   Even the far left foundations that financed Kimberlin over the last few years could argue he was an EX con.  Seriously compared to that decision the Kimberlin lawsuit is almost rational.

I’d be really interested to find out if this type of thing is still going on.