Did we not tell you this would happen? Did we not say that these people were begging for it to happen? Oh yes, we did. Because we are Criswell, and Criswell knows all. Yesterday, Brett Kimberlin filed a new civil suit under the Racketeer Influenced and Corrupt Organizations (R.I.C.O.) Act against twenty defendants. Kimberlin alleges they have engaged
in a criminal racketeering enterprise that violated his civil rights and which includes widespread mail fraud, wire fraud, money laundering, intimidation, assault, extortion, threat of extortion, obstruction of justice, and gang activity for the purpose of harming Plaintiff and depriving him of his civil rights.
You can read the entire suit at Scribd (Update: we have changed the link to the amended complaint). We were impressed by the construction of the case, which clearly lays out a pattern of fake organizations raising money to fight against fake oppression while touting fake narratives. James O’Keefe is named in the suit because of his new book, published by defendant Simon & Schuster, which claims that Kimberlin is responsible for SWATings of conservative bloggers. The publisher never contacted Kimberlin for comment and did no fact-checking on the book. None of the defendants has ever offered a single shred of proof that Kimberlin was ever involved in any of the false police reports that have been blamed on him, yet they have gone so far as to file lawsuits, contact law enforcement agencies, and demand action by Congress.
Here is a non-exhaustive list of some highlights we noted:
- Andrew Breitbart was personally stirring the defendants to action before he died, and all the persons named as defendants are linked to him, which makes this suit part of the larger story of Breitbart’s empire collapsing into libel and defamation
- The suit limits defendants’ discovery options, leaving no room for the malicious “fishing expeditions” they dream of conducting
- Aaron Walker’s lengthy history of false reports to law enforcement regarding Kimberlin is revealed. Most recently, in August Walker tried to pressure Kimberlin’s wife into naming him as the SWATer by calling the FBI and insisting they should interview her
- Los Angeles Assistant District Attorney John Patrick Frey gets special attention in the suit. Not only has he made false statements under the color of his office in order to prosecute Kimberlin in blog court, Frey acted as consigliere to Breitbart while he was alive, and has led the campaign against Kimberlin in Breitbart’s memory after his death. Frey is responsible for pretty much all outside press coverage that the SWAT story has received, and has consistently tried to frame Kimberlin through his public statements
- Dan Backer and DB Capitol Strategies appear in the suit. We say this link should get much more attention from Supreme Court and campaign finance observers than it has so far enjoyed. The same man who just argued against all federal campaign contribution limits, and appears to have a majority of the court in agreement with him, was also excoriated by a federal judge last year for his part in Aaron Walker’s frivolous suit against Kimberlin
- For the first time, the many attempts to pressure and harass judges who deliver unfavorable rulings to the Breitbots are all listed in one place, along with the resulting threats and security problems they have created
- The suit demonstrates the consistent pattern of right wing organizations issuing press releases based on the narratives of right wing bloggers, and those same right wing bloggers then posting those press releases in their blogs as endorsements of their narratives
- The history of Ali Akbar’s National Bloggers Club, its fraudulent charity fundraising, and its defamatory mission against Kimberlin are all part of the suit
Finally, we note that RICO suits can be expanded as discovery warrants, or as the racketeering activity enlarges, and that this possibility should not escape the defendants while they scramble to invent their way out of the new disaster they have created for themselves. For example: over the last ten days, defendant R. Stacy McCain has been faildoxing a woman named Melissa Brewer as Xenophon Gryllus, despite our repeated warnings that he was making a fool of himself, because he seemed to be under the impression that “proving” this nonexistent connection would provide him with a dynamite legal defense against Kimberlin’s suit.
But last night, blogger Matt Osborne contacted us and independently verified that we are not Melissa Brewer, scuttling whatever defense McCain thought he had constructed. The episode should stand as a stark reminder of two things.
- Defendants ought to heed Popehat’s warning and stop making things worse for themselves by repeating their previous behaviors with new accounts, blogs, or pseudonyms. Find something else to blog about, already
- While Mr. Kimberlin has been the primary target of this activity, the defendants have attacked many other people in hot pursuit of their fake narratives. Bill Schmalfeldt has already been subject to dozens of false reports, peace orders, and lawsuits as well as countless defamations. Potentially, the hunters may now become the hunted, and the number of claims could enlarge, if this behavior persists
We make these warnings in good faith, but we expect they will be treated as dire threats. No one ever wanted to believe Cassandra; why should Criswell expect anything different?
Update: we have changed the embedded file to the amended complaint.