Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 10): Brett Can’t Make Up His Mind

And Bonus: Schmalfeldt Declares that Breitbart was Worse than Hitler!!!!!!!1!!!!1!!!  Eleventy!!!!!1!!!!1!!!!1!!!

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

So this is part of an ongoing series where I have been pointing out all the lies and half-truths in Brett Kimberlin’s amended complaint for RICO and other violations against myself and pretty much half the internet (previously here, here, here, here, here, here here, here and here).  I say this is him accusing himself of obstruction of justice because 1) he has claimed that lying to the FBI is obstruction of justice under various statutes and 2) his self-described “friend” Bill Schmalfeldt has said that he handed over the complaint or substantially similar information to the FBI in the hopes of starting a RICO investigation... against Simon and Schuster (in part)... claiming they are in some kind of mafia...

You know, sometimes all you have to do is repeat an accusation to discredit it.

So we reach the lie of the day.  Today’s lie is contained on page seven, in paragraph thirty six when Kimberlin writes:

On or about August 17, 2011, Seth Allen sent an email to Andrew Breitbart, and Defendants Walker, Frey and Nagy telling them that he was planning to come to Maryland and “murder” Plaintiff.  Defendant Fey, an Assistant District Attorney, did not contact Plaintiff or law enforcement officials to report the murder threat.  Defendant Nagy did contact the authorities.

Or at least that is one thing he says about it.  Here’s what he says about it later in the same complaint on page thirteen, paragraph fifty six, after his false allegation that I filed pleadings for Seth Allen (covered in the first part of this series):

He [Walker] did this after Seth Allen sent him an email saying he might come to Maryland to murder Plaintiff.

So you see what happened there?  First Seth Allen was supposedly definitely planning to come to Maryland and murder Kimberlin.  Then suddenly it was he might do it!

Well, in fact, I have published that email before, here, but I won’t force you to follow the link, I’ll simply quote it to you, so you can read it for yourself:

Re: Making progress - urgent request

Truth Seeker [email omitted]

Tue, Aug 23, 2011 at 7:24 AM

To: Aaron Worthing

Cc: Liberty Chick [email omitted], Andrew Breitbart [email omitted], [Patterico]

Hi Aaron, thanks for the response. I think the default judgement is just for the preliminary injunction of deleting my blog. I am going to file motions myself. I will try to make it down to the next court session. But this is bogus. I need to know who this sherriff is. The record is in that courthouse, not at the website you mention. Brett Kimberlin is lying. That sounds like perjury and I want his parole officers to find out if he has yet again perjured himself. And all this time Breitbart just stands on the sidelines as if I don't even exist. I'll get this done myself if possible. I need to know that sherriff's name. I'm no lawyer, but you can't make claims in court that are lies. That means Kimberlin should go back to jail if that's true. Whatever, maybe I should murder him. Maybe that will finally get me some justice. This life sucks anyway. All anyone cares about is themselves and their own money. Freedom of speech is dead in America. Thanks for nothing Breitbart.

This was written by a man who had felt the system and Brett Kimberlin had done him wrong for over a year.  He was only half right.  Kimberlin had done him wrong, but his problems with the system were of his own making: he failed to defend himself.  So he was frustrated and given what I have been through, I understand.  And so he said something ill-advised in frustration.

Is it a plan to murder?  Kimberlin’s own weaseling on that to “might” tells us that he knows the term was inappropriate.

Is it a threat?  No.  A threat is a specific promise to do a thing.  It might be conditional on something else, as in “give me your wallet or I will stab you.”  Or it just might be, “I’m going to kill you.”  Or it can be conveyed in other ways, such as “that’s a nice house you have there, it’d be a shame if something happened to it.”  But bluntly in law not every expression of violence is a threat.  How many parents have said, for instance, of their child, “I’m going to kill you?  Every parent of a teenage child who has never said that raise your hand.  Now, those of you who raised your hands, put them down because you are liars.  But as a matter of law, most of you have not committed the crime of threat (in jurisdictions that criminalize threats), even when you say it to the child’s face, because you don’t mean it: one of the elements has to be that you mean it in earnest.  And the vast majority of those of you who have said it to your kids were just venting, just like I think Seth Allen was.  Another element of the crime is you have to reasonably anticipate that it will be communicated to the person.  Seth didn’t send this to Brett, and he didn’t publish it on the web.  He said it in private conversation.  He was probably deeply surprised when Mandy reported it to authorities.

No, the proper way to phrase this is that this is a rumination of murder at most, not a threat.  I never thought Seth Allen was serious and time has bore me out.  He never did a single threatening thing.  Seth is weird, and he has trouble recognizing who his true friends are, but physically speaking he is harmless because I believe he isn’t built to harm others, emotionally.

Which doesn’t mean Brett had no cause for concern.  It doesn’t surprise me the judge gave him a peace order even if Seth’s conduct didn’t quite legally justify it.  The judge probably said, “let’s keep Seth away from Brett just to be safe,” which is a forgivable deviation from the strict letter of the law.  It also doesn’t surprise me that the State’s Attorney dropped the criminal charges he filed against him: one statement out of turn doesn’t make for stalking or harassment.  It has to be a course of conduct, which is not clearly defined but it means more than one utterance.  But ever since Brett has ramped it up, ignoring what the bare text of what Seth wrote really said.

He also can’t seem to make up his mind about what Patrick Frey’s exact position is in Los Angeles’ government.

Spoiler alert: he is a Deputy District Attorney of Los Angeles in the hardcore gang unit.

But Brett calls him an “Assistant District Attorney” in the passage quoted above, and repeats it on page 6, paragraph 32; page 24, paragraphs 88-89; page 41, paragraph 156.  Meanwhile on page 5, paragraph 24, he declares that Patrick is “an Assistant State’s Attorney for Los Angeles” (emphasis added), apparently confusing California with Maryland where they call what you would normally call a District Attorney, a “State’s Attorney.”  (Here in Virginia we call them “Commonwealth Attorneys,” I guess because Virginians love to emphasize this is a commonwealth).  And then things get really weird.  On page 25, in paragraph 90, he slips and correctly calls Patrick a “Deputy District Attorney.”  Then in the next paragraph he purports to quote me as calling him an “Assistant District Attorney” in a motion to quash which I also posted on the internet.  Go ahead, read it here.  Do a “[Control]-F” search for the word “assistant.”  It doesn’t appear.  I correctly called Patrick a Deputy District Attorney and Brett misquoted me as saying it wrong!  Then in the next paragraph (92), he called him an “Assistant District Attorney” again.

And then it gets weirder.  On page 22, paragraph 82 he calls him “Assistant District Attorney” again and then quotes from various third party sources describing his job.  He quotes the LA Weekly, Fox News, Breitbart.com and this blog, all getting it correct.  The Washington Times did manage to call him an Assistant District Attorney, but that’s the only legitimate news source to get it wrong.  Then in the next paragraph, (that is page 23, paragraph 84) Kimberlin calls him “Assistant District Attorney.”  And then in the very next paragraph he decides he’s a Deputy District Attorney again.

And for all I know he may have gotten it wrong even more times than that.  It is a very long complaint.

In addition to that, you can spot another error when he talks about the date of this email.  He says it was “[o]n or about August 17, 2011[.]”  It was in fact sent August 23.  Is almost a week later “on or about” a certain date?

I guess I won’t call them lies, so much as inaccuracies.  And it is a sign of a deeply disorganized mind, that he couldn’t pick one term for Patrick’s job and stick with it, and that he couldn’t remember or be bothered to look up when Seth Allen wrote that email.  It is one of many reasons why I see sign of mental deterioration in this complaint.  He is mentally all over the place.

Finally while it is not literally a lie, he omitted one inconvenient fact from his story: that Mandy told Patrick and I that she was going to report Seth to the authorities beforehand.  He made a similarly dishonest comment in his motion to compel that I was responding to in my motion to quash.  As I wrote:

What he leaves out of that statement is that several other persons were cc’ed on the same email and that one of them, Mandy Nagy, upon information and belief, did report about this email to the police although those efforts were hampered by the rare earthquake that struck the D.C. metro area on that day.  She informed Mr. [Walker] and Mr. Frey ahead of time that she would make such a report, and informed Mr. [Walker] afterward that she had done so—all within hours of Mr. Allen making this remark.  It is elementary that whenever a duty to report misconduct arises—and that is assuming one arose in those circumstances—that duty is satisfied when one knows that another person has reported it.

And if he missed it then, he couldn’t have missed it when I told him again, in open court and called him on the same kind of deception.  First Brett said this:

On August 23rd, Mr. Walker, with his pseudonym, Aaron Worthing, was in e-mail contact with Seth Allen. Mr. Allen wrote, and this is what caused Mr. Allen to get a peace order against him. He says, “Maybe I should just murder Mr. Kimberlin.” And he sent that e-mail to Mr. Worthing. Mr. Worthing did not contact the police as a good standing citizen to tell the police that.

And then my response:

What he doesn’t mention is that Mandy Nagy did report it that day, okay, and she told me she was going to report it.  So he’s angry at me for not duplicating her effort. And he’s just represented to the Court that I -- he’s just led this Court to believe that I let this man say this and let him get away with it. I did not. I knew someone else was going to report it and frankly, Your Honor, that was the day of the earthquake and that was the -- you know, remember, the big earthquake we had way back a few months? And it was also -- and I had, and I was ill that day and I had to go to the doctor and it was a busy time for me and when Mandy says I’m going to report it, I said, good, that solves the problem for me.

So, two times he was corrected on this.  And he repeats this for a third time, in this complaint.  Indeed he didn’t even fix it when he was amending his complaint.  Again, it’s not literally a lie, but it gives people such a misleading impression that it is morally indistinguishable from one.

So let’s review, including the lies from the previous posts, with the new lies being underlined:

Lie #1: claiming I filed anything for Seth Allen or helped Mr. Allen to file anything himself.

Lie #2: claiming that I filed anything “attacking” (including criticizing) any of the judges in Kimberlin v. Allen.

Lie #3: claiming none of the Defendants have ever contacted him for comment about the SWATting story.

Lie #4: claiming I have intimidated anyone, ever (and necessarily that anyone “conspired” with me to intimidate anyone).

Lie #5: claiming that Judge Jordan rejected our allegedly false narratives.

Lie #6: claiming I have defended Seth Allen’s “attacks” on Judge Jordan (which as best as I can tell were just criticisms, albeit intemperate, ineffective and ill-advised ones).

Lie #7: claiming that my blog, Everyone Draw Mohammed was dedicated to “attacking, smearing, mocking and insulting” Islam or Mohammed.  (And really that is kind of a two-fer, isn’t it?)

Lie #8: claiming that my blog solicited “vile, pornographic and insulting depictions of Mohammed.”

Lie #9: claiming that my blog published over 800 insulting depictions of Mohammed.  Looking back, I would say about 60% were insulting to Mohammed or Islam, given that I promised I would not censor my submissions as long as they adhered to two rules 1) they must depict mohammed in some clear way (including drawing an arrow to a thing and calling it Mohammed) and 2) no porn.

Lie #10: claiming that Lee Stranahan works for Breitbart.com.

Lie #11: claiming that Robert Stacy McCain lives anywhere in Maryland.

Lie #12: sending a false copy of the Amended Complaint.

Lie #13: claiming that I assaulted Brett Kimberlin.

Lie #14: claiming that anyone conspired with me to assault him.

Lie #15: claiming that I assaulted him for any other reason than his provocation in unlawfully using his iPad.

Lie #16: claiming that I communicated with Ali Akbar prior to May, 2012.

Lie #17: claiming the National Bloggers Club launched in February, 2012.

Lie #18: claiming the National Bloggers Club is a Republican organization.

Lie #19: claiming that Seth Allen planned to murder him.

Lie #20: claiming that Seth Allen threatened to murder him.

Mendacity  #1: when he gives the impression that I intervened in Kimberlin v. Allen out of the blue and motions on my own initiative when in fact each and every one of them were filed in response to some action Brett took directed at me.  I have no standing to intervene, otherwise.

Mendacity  #2: when he fails to note that he instructed many of the defendants not to harass him, which includes unwanted contact making it more difficult to contact him for a response to the SWATting story.

Mendacity  #3: when he pretends his denials have any value whatsoever.  If his denials are meaningless then why is it even relevant whether we contacted him to obtain it?

Mendacity #4: when he pretends that I did anything improper by filing motions in Maryland anonymously, when I was given specific permission by the court to do exactly that.

Mendacity #5: when he pretends that Malkin and McCain are just bloggers.

Mendacity #6: suggesting that any alleged injury occurred from contact with me (he might have really been injured, but I didn’t injure him.)

Mendacity #7: stating that Patrick Frey didn’t report Seth Allen’s comments about murder, without mentioning that Patrick knew Mandy Nagy would report it.

So that is now twenty lies and seven merely misleading statements in less than eleven  paragraphs and the big lie of sending a false copy of the complaint.  Be sure to tune in tomorrow for part eleven.

But before I go, all of this leads me to a funny observation.  Bill Schmalfeldt wrote this tonight:

God struck Andrew Breitbart dead for lying. Who's next?
— WMS RADIO (@WMSRadio1943) October 30, 2013

Which raises the question: if lying causes God to kill you, how is Brett Kimberlin walking around in one piece?  Hell, how did he manage to dodge all them lightning bolts on the way to file this piece of crap, twice?

And for that matter, how does Schmalfeldt dodge the bolts from heaven given that he isn’t exactly the most sprite man on the planet and while few men are as dishonest as Brett, Schmalfeldt comes pretty close.

No, the fact Brett Kimberlin is still walking around is objective proof that God doesn’t kill liars.  Indeed I long posited that the Holocaust and American slavery was proof that this world sometimes good people are made to suffer and even die when they didn’t deserve it.  The idea that every person who suffers and dies deserves it is simply vile.  Ann Frank didn’t deserve to die so young.  And this kid didn’t deserve cancer:

(By the way, here’s a link to St.Jude in case I just moved you to donate, even if I am risking putting them in the crosshairs of Kimberlin’s RICO suit for doing this)

The very idea that people suffer purely because they deserve it is downright offensive.

And besides, I have never heard Andrew tell a lie, God rest his soul.

But then again, Schmalfeldt has trouble with maintaining perspective when it comes to Andrew Breitbart.  On his blog talk radio site (no linky for Señor Neckroll!^TM), he writes a post called “Andrew Breitbart is STILL in Hell” and declares this in the first line:

If you believe in a God who punishes his children with eternal damnation and torture, can you think of anyone who deserves it more than Andrew Breitbart?

Can I?  Gee off the top of my head...

This guy:

This guy:

This guy, who was a racist murderer despite having a cool photo:

This guy:

Nathan Bedford Forrest, founder of the KKK:

This guy:

David Koresh (child rapist, among other things):

Charles Manson:

This guy:

And for that matter, Brett Kimberlin.

I mean after all, Andrew never caused a man’s death or committed an act of terrorism and he has never been publicly accused by his wife of having sex with her when she was only fourteen.  So there is that, you know?

Putz.

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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the donation link on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.