In 2012, Michael “Mikey” Weinstein lost the fifth of five lawsuits he has filed since 2005. None survived to trial. The last was Weinstein v Ammerman, which was a personal lawsuit against former Navy Chaplain Gordon Klingenschmitt for his “imprecatory prayers.” As with all of his lawsuits, Weinstein promised an “aggressive” appeal when it was dismissed. As with all of his lawsuits, Weinstein never appealed.

The essence of Klingenschmitt’s defense was the only “harm” Weinstein could produce occurred prior to Klingenschmitt’s public prayers. It was said several times that for Weinstein’s case to have merit, he would have needed a time machine.

As a result, following the dismissal of Weinstein’s lawsuit, Klingenschmitt chose to file a lawsuit against Weinstein for “abuse of process” and defamation. The former, because Weinstein allegedly filed his lawsuit knowing it to be false; the latter, because Weinstein allegedly knowingly connected Klingenschmitt with criminal acts he had nothing to do with.

Last week, a New Mexico judge dismissed the abuse claim but allowed the defamation claim to proceed.

A defamation lawsuit filed by a Read more