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AutoAdmit Update: AK47's Pathetic Plea

AutoAdmit xoxohth Anthony Ciolli Above the Law blog.JPGBased on all the non-sequiturs appended to Non-Sequiturs, some of you clearly want to talk about the latest filings in the AutoAdmit case. So here's an open thread for you to go wild (but not too wild).

Most people who follow the case are already up on the recent developments. But if you need background, see The Legal Satyricon. Professor Marc Randazza writes: "Excuse me while I greedily devour this slice of humble pie.... If you want to see the dumbest thing ever done in litigation, feast your eyes on this letter [PDF] that AK47 sent to the Plaintiffs’ attorneys. What a nimrod."

AK47 Pwned [The Legal Satyricon]

Earlier: Pro Se Litigant of the Day: 'AK47' of AutoAdmit

Comments
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Posted by Anonymous | Permalink Wednesday, March 19, 2008 12:48 PM

From the previous filings, they didn't seem to have any connection between the person and the posts until he admitted it himself. Looks like he got out-lawyered and will be losing whatever job he has. Proof once again that $ rules the legal system. I bet if he had been able to afford a dream team legal defense, he wouldn't have gone down like this.

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Posted by guest | Permalink Wednesday, March 19, 2008 12:49 PM

EPIC LULZ!

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Posted by 0L | Permalink Wednesday, March 19, 2008 12:56 PM

Even as a 0L, I recognize that this letter is terrible.

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Posted by pu-lese! | Permalink Wednesday, March 19, 2008 1:02 PM

How many admissions can this fool make? Not to mention the threats. This fool is toast. He should have already learned that grown ups will be held responsible for their comments. saying (specific) people should be raped is not an innocent comment.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:02 PM

That idiot doesn't know how to apologize. He seems to alternate between halfass apologies and threats.

You can tell he's shitting bricks though =) It's all about the karma!

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Posted by You should lose your job! | Permalink Wednesday, March 19, 2008 1:04 PM

No. 1 on the reasons not to buy pre-paid legal.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:06 PM

It's not that what happened on AutoAdmit was particularly vile--it's that they've all be totally unable to keep up the facade in the face of pressure.

Like I said before, whether you're up or down (and AK47 is definitly down, down, down now)... have some panache.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:07 PM

Where is TRUTV on this? I want the hearings televised. Made for tv movie about the case...This can rival the (new) OJ Trial for opportunity for stupidity.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:10 PM

Lat, the other blog mentions that AK47 has been outted. We need a "(non)Lawyer of the Day" feature on this guy.

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Posted by Anonymous | Permalink Wednesday, March 19, 2008 1:10 PM

This is seriously bitchmade.

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Posted by Anonymous | Permalink Wednesday, March 19, 2008 1:10 PM

Great idea 1:07. Dolly Parton could play the Doe with the large breasts.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:17 PM

Dear AK47,

My name is Jane Doe and I am a rape survivor. You are a coward. You hide behind your anonymity out of fear of consequences to your job or to your family. You are a selfish coward.

I could not hide. I had to quit my job. My family had to suffer through my recovery. I had to confront my rapist in court. I had to suffer through the humiliation of being called a liar and a slut.

Not a threat? You are a coward and an idiot and I hope you are exposed for the pathetic excuse for a man that you are.

Love and kisses,

Jane Doe

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Posted by guest | Permalink Wednesday, March 19, 2008 1:17 PM

1:07 and 1:10 - just get it out of federal court where cameras are prohibited and you'd be all set.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:26 PM

I have no real sympathy for this guy, but if his comments, posted on some random website, are actionable, then blogs in general are going to change.

Were his comments in poor taste? Sure. Were they stupid? Without a doubt. But there are about 1,000 posters on this website who could be sued for their "anonymous" comments on this site if this type of thing is actionable. Not to mention the site itself, etc, etc.

Also, as a side note. The d-bag does make one valid point/threat in his rambling letter. If any of the things said on the site are true, it will come out. Truth is a defense to libel/slander. If these girls have ever had or still have an STD, the whole world is about to find out. Their sexual pasts will also likey be detailed. I have seen this nasty scenario in an estate battle.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:29 PM

Zuckerman Spaeder just announced it's closing its Miami offices. Zuckerman doesn't intend to offer positions in its other offices to the affected attorneys or staff.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:30 PM

Stay Strong Jane Doe 1 and 2!!!!!!! Don't back down or give in to stupid threats!!!

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Posted by guest | Permalink Wednesday, March 19, 2008 1:35 PM

Zuckerman Spaeder just announced it's closing its Miami offices. Zuckerman doesn't intend to offer positions in its other offices to the affected attorneys or staff.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:35 PM

In the letter, I like that AK47 defends his comment as an opinion - that the girl should be raped -- and then later says it was a "suggestion."

Sometimes the bad guys lose in life and you have to smile.

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Posted by Anon | Permalink Wednesday, March 19, 2008 1:36 PM

I am sure AK is freaked out as it already is. No need to bash him/her in public. I really feel for the Jane Doe, but also for AK, despite his foolish actions that instigated this suit.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:50 PM

Saying someone should be raped on the internet is not a threat.

That said, AK47 is an idiot, but the Does are going after the wrong guy. AK47 posted a few things after the Does filed their complaint that were up on the autoadmit home page for probably half a day. I bet they didn't even ever read the post. Their lawyers probably just found these posts by running searches after the fact.

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Posted by guest | Permalink Wednesday, March 19, 2008 1:52 PM

1:36 - Hi AK47!!

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Posted by Oh,hesgotpanache! | Permalink Wednesday, March 19, 2008 1:53 PM

1:06:

C'mon, it takes moxy to threaten countersuit sounding in malicious prosecution on an unsettled question of law; and malicious prosecution requires a determination of reasonableness!

Intimidation factor is about zero though, if he wants some intimidation he should...well let me slow down before I get ahead of myself and have to make a FRIGGIN FEDERAL CASE OUT OF IT!

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Posted by guest | Permalink Wednesday, March 19, 2008 1:54 PM

1:50 = AK47

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Posted by guest | Permalink Wednesday, March 19, 2008 2:07 PM

I think he's more worried about those racist comments he made than the rape "suggestion"

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Posted by guest | Permalink Wednesday, March 19, 2008 2:18 PM

"Rape survivor?" Um, isn't that a little overdramatic?

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Posted by guest | Permalink Wednesday, March 19, 2008 2:25 PM

You people are OUT OF YOUR MIND if you think this guy should get fired, pay damages, or suffer in any way for his (stupid and inane) comment.

It was a stupid, moronic, and misguided comment, but it was within his First Amendment rights to speak it; it was not defamatory, it was not a "threat," and it was clearly completely inane and harmless. I've seen far worse on the interwebs; the only reason this is even an issue is because Doe 1 and Doe 2 have a legal team behind them willing to make this guy's life a living hell.

That said, the letter was hilariously awesome and awful at the same time. His planned subpoenas (re: Doe's breast size, LSAT score, etc.) made me LULz.

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Posted by guest | Permalink Wednesday, March 19, 2008 2:27 PM

So who the hell is AK47 anyways? Based on comments made on AutoAdmit, I'm pretty sure he lives in Santa Monica.

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Posted by guest | Permalink Wednesday, March 19, 2008 2:33 PM

is there a list of shame for people outted so far? seems like there is a significant number of them

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Posted by guest | Permalink Wednesday, March 19, 2008 2:33 PM

No company would fire him. It would result in more litigation - not that he'd win unless he worked for the government.

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Posted by guest | Permalink Wednesday, March 19, 2008 2:36 PM

Since AK was already outed by AT&T, when do the rest of us find out his identity?

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Posted by anon | Permalink Wednesday, March 19, 2008 2:37 PM

i do not want to defend ak47's comments, but i will defend his right to make those comments. does anyone honestly believe that saying "girls named jill should be raped" was a real threat towards these does? gimme a break.

what allegedly happened to the does here was unfortunate, but ruining an innocent guy's life over an innocuous comment is far worse. may the same fate that befell the duke lacrosse prosecutor befall these plaintiffs, their lawyers, and their radical supporters. for legal purposes, i only want that fate to befall them if they deserve it (fuck you doe 1 and doe 2 that i even have to say that).

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Posted by KJF | Permalink Wednesday, March 19, 2008 2:40 PM

2:37,

Clearly you didn't even ready the allegations...

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Posted by anon | Permalink Wednesday, March 19, 2008 2:45 PM

i saw lots of people mocking ak47's legal filing, but the Keker filing is even worse. Very poorly written, with numerous typos.

Near the start there is a list that goes (1) xyz, (2) xyz, (3) xyz, (2) xyz.

Elsewhere the Keker filing describes a case decided by the New Jersey superior.

Fine work Keker, fine work.

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Posted by guest | Permalink Wednesday, March 19, 2008 2:45 PM

i don't think it is overdramatic to say that someone is a rape survivor. rape is a traumatic physical and psychological experience. i applaud anyone who is brave enough to confront his or her attacker.

chapeau 1:17.

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Posted by anon | Permalink Wednesday, March 19, 2008 2:46 PM

i saw lots of people mocking ak47's legal filing, but the Keker filing is even worse. Very poorly written, with numerous typos.

Near the start there is a list that goes (1) xyz, (2) xyz, (3) xyz, (2) xyz.

Elsewhere the Keker filing describes a case decided by the New Jersey superior.

Fine work Keker, fine work.

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Posted by anon | Permalink Wednesday, March 19, 2008 2:52 PM

2:37 - It looks like you found a copy editor since writing the letter. Is he related to e e cummings? Now you just need someone to do research.

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Posted by anon again | Permalink Wednesday, March 19, 2008 2:55 PM

PS the above-referenced errors in the Keker filing come at pages 7 & 18 in this document: http://randazza.files.wordpress.com/2008/03/ak47motionopp.pdf

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Posted by guest | Permalink Wednesday, March 19, 2008 2:57 PM

2:37 is clearly AK47 - who else would be that enraged?

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Posted by Anonymous | Permalink Wednesday, March 19, 2008 3:13 PM

"i do not want to defend ak47's comments, but i will defend his right to make those comments . . . ruining an innocent guy's life over an innocuous comment is far worse."

In what way is saying someone deserves to be raped an "innocuous comment"? And why, like AK47, can't you just stand by your own words? You clearly DO mean to defend his comments when you refer to them as "innocuous," and insist that by suing him, the woman his comments were aimed at is somehow "ruining an innocent guy's life."

Why are you Fed Soc types so damned cowardly? Classic bullies who try to pick on those they perceive as vulnerable, then turn tail and run as soon as you're confronted. If even one of you had the balls to just stand up and defend your position, you could probably have put an end to this litigation a long time ago. Instead, you're still whining behind your little xoxo pseudynoms about your "innocence," hoping your whimpy apologies will win you a reprieve--you don't even have the character to maintain ANONYMOUS bigortry and stand by each other, let alone your own stupidity. Pathetic, spineless losers.

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Posted by guest | Permalink Wednesday, March 19, 2008 3:18 PM

Here here, 3:13.

Gentlemen, if you're going to be bad... be BAD. In private, in public, whatever. Embrace it.

Or, shut up and play nice.

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Posted by guest | Permalink Wednesday, March 19, 2008 3:19 PM

alright people, someone out there knows who this guy is, so name NAMES.

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Posted by guest | Permalink Wednesday, March 19, 2008 3:22 PM

AK47 seriously sounds like he was losing his mind as he wrote the letter.

As for the lawsuit, I doubt that it was initiated w/ the plaintiffs' best interests in mind. Given the way the case has been handled so far, it seems like this is more of an exercise by a group of overzealous lawyers who want to tread some new ground in internet law. The entire situation, IMO, is pretty sad.

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Posted by Anon | Permalink Wednesday, March 19, 2008 3:34 PM

Does AK have a lawyer? If not, he should REALLY get one.

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Posted by guest | Permalink Wednesday, March 19, 2008 3:42 PM

Women who file pseudonymous pleadings under the moniker jane doe should be raped

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Posted by guest | Permalink Wednesday, March 19, 2008 3:43 PM

"I'm sorry I said this bad thing. I admit it was a rotten thing to say. But you shouldn't sue me right? Right? You'll make me lose my job and gosh, I'm real sorry.

Because if you don't, I will make your lives a living hell. I will post all of this everywhere, including your names, because everyone knows you're whores and TRUTH is a defense. Everyone will know that you're not good enough to have gone to YLS. Bwahaha! I will have my revenge!

But, again, I'm really sorry, I shouldn't have said it. Pretty please let me out of your suit."

-AK47

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Posted by guest | Permalink Wednesday, March 19, 2008 3:45 PM

A threat is a "a declaration of an intention or determination to inflict punishment."

AK47's comment cannot be construed either as an intention or determination to do anything. Even if it's an exhortation to others, it doesn't fit into the definition of the word.

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Posted by guest | Permalink Wednesday, March 19, 2008 4:03 PM

AK47's IP address puts him in San Jose, CA

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Posted by guest | Permalink Wednesday, March 19, 2008 4:22 PM

Those of you proclaiming that any comment defending AK47's first amendment rights must have been written by him are ridiculous. It's like arguing that all members of the ACLU are members of the KKK.

AK47's comment was stupid, tasteless and extremely offensive; any person with common decency knows suggesting that a class of women deserve to be raped is inappropriate. Even so, the statement should not be legally actionable. Every woman in the universe who happens to be named Jill does NOT have a cause of action against AK47.

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Posted by guest | Permalink Wednesday, March 19, 2008 4:37 PM

AK claims that he has a family. I sure do feel bad for that bunch... their husband/father is a dumbass.

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Posted by enjointhis | Permalink Wednesday, March 19, 2008 4:40 PM

I take it back... AK47 doesn't need a lesson in manners. He needs a hefty dose of Seroquel. Or an AA meeting; that letter sounds like it was written when he was liquored up.

But this case is providing hours of entertainment. I love it! What an absolute train wreck! The more I see/hear/read, the more I wish a plague on all of their houses (except maybe for Ciolli, who's shown a bit of courage with his countersuit).

I still think that no reasonable person would think AK47 was advocating sexual assault, though. I'm of the opinion that most reasonable (i.e., non-hypersensitive) people would view the statement, like the statement that "AK47 should be castrated," as a slightly more odious way of saying "[name] is an idiot." I'm no First Amendment lawyer, but my gut tells me its prolly protected.

And for what it's worth, absolutely none of the participants (Does, boys, attorney laterals, etc.) are gonna get a call-back from my shop if they send a CV here. The poor judgment in this case is just ubiquitous.

-- ET! (who couldn't have conceived of a 29 page opposition to a motion to quash, at least until now)

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Posted by Anonymous | Permalink Wednesday, March 19, 2008 5:01 PM

"Those of you proclaiming that any comment defending AK47's first amendment rights must have been written by him are ridiculous."

Who proclaimed that? Can you even read?

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Posted by guest | Permalink Wednesday, March 19, 2008 5:30 PM

AK47 should be a man and own up. come out of hiding. apologize. go into rehab. meet with al sharpton. tell the world you are sorry. the does will probly drop the case if you do that.

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Posted by Eagle | Permalink Wednesday, March 19, 2008 5:50 PM

I think it quite interesting that AK47 admits that he is not a lawyer. He really did not belong on the site to begin with. He is like the guy in the stands who talks about how "weak" a visiting team players' are, and will even throw things at them, but when one of the players challenges him directly, he backs down and begs for forgiveness and tries to say he didn't do anything "that bad".

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Posted by guest | Permalink Wednesday, March 19, 2008 5:58 PM

*rapes Jane Doe*

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Posted by Mascerveza | Permalink Wednesday, March 19, 2008 6:08 PM

Are you supposed to footnote all citation in federal court? That opposition reads like a (sigh) law review article.

The Keker opposition is a little weak in any event - allegations of the complaint can't be relied on to prop up Opposition to Motion to Quash (much like PJ); i.e. you can't bootstrap yourself to the complaint and float attempt to float yourself into discovery. Also, much of the evidence refrred to is likely not even admissible and/or lacks or probably lacks foundation.

Technical evidentiary objections and stuff them on the prima facie elements (as a question of first impression (to me, anyway) the Keker standard appears correct).

Evidence is the ball especially considering that Keker won't get to return fire.

Save the constitutional question for someone getting paid or use it as a back up argument.

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Posted by guest | Permalink Wednesday, March 19, 2008 6:18 PM

My guess is that AK47 is a law student (so not technically a lawyer). Its hard to believe he would spend so much time on a law site otherwise. Probably a law student at Yale or NYU like the plaintiffs.
He's toast; will be blacklisted at all reputable firms.

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Posted by guest | Permalink Wednesday, March 19, 2008 6:47 PM

i bet 5:58 is ak47 just because he can't help himself. he surely has severe mental problems.

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Posted by guest | Permalink Wednesday, March 19, 2008 7:38 PM

brilliant, AK47 wants to issue:

A subpoena for information pertaining to the size of (DOE IIi'S breasts
and whether such breasts, as alleged by one Defendant, are "fake"

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Posted by Anony | Permalink Wednesday, March 19, 2008 8:07 PM

I'd hope even a 1st year student could come up with something better than what Ak47 did. A 1L would probably know to hire a real attorney.

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Posted by penn 2L | Permalink Thursday, March 20, 2008 1:06 AM

I'll bet you anything he goes to Penn....and this is coming from a current Penn student.

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Posted by guest | Permalink Thursday, March 20, 2008 1:42 AM

What are you trying to say about Penn? It's filled with total tools?

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