In a comment to an earlier post in this series Zilla of the Resistance asks
So now muslims around the world are ButtHurt because Aaron was allegedly impolite to the Speedway Bomber? Did Aaron get blamed for Benghazi yet?
<mockery>TDPK is already headed in that direction. In his most recent motion he writes
12. As events over the past week have shown, American interests in the Middle East and elsewhere have been attacked, and the American Ambassador to Libya and other Americans have been killed because of an anti Muslim video insulting the Prophet Mohammed. People have the right to know who, like Plaintiff, publishes these hateful and bigoted insults against Muslims.
13. Defendant discovered that Plaintiff was Aaron Walker and he put that in a motion in court. Defendant had an obligation to do so because is was part of a pending legal matter, and he had a First Amendment right to speak. Ever since, Plaintiff has been on a mission to ruin, imprison, sue, defame, and harm Defendant just as he was on a mission to harm Muslims for two years with his hate blog.
Where to begin? I guess I’ll just take it from the top of paragraph 13. Yes, TDPK put Aaron Walker’s identity and a significant amount of personal information into a court motion in a Maryland case. Judge Rupp looked at the motion and Aaron Walker’s relation to the case and sealed the motion because it was improper. You can see for yourself in the transcript of the hearing (see below). If TDPK had been obliged to include the information, the judge would not have sealed it.
Aaron Walker is not alone in wishing to see TDPK brought to justice. TDPK is being sued in the process, and he may be ruined and/or imprisoned as a result. However, telling the truth about someone is not defamation, and any harm Mr. Kimberlin has suffered to date would appear to be the result of his own karma.
No one else planted those bombs. No one else has skated on paying his debt to Sandra Delong. No one else inappropriately tried to put Aaron Walker’s personal information in a public document. And no one else can answer for him in front of Judge Potter in Manassas this Friday.</mockery>
We have an interesting time ahead this week. So pop some more popcorn. Settle down and relax. And stay tuned.
Tick, tock, tick, tock, …
This is a week full of anxious anticipation: the debate; the pennant races & will the Rays sidle into a wild card spot; will TDPK be hoisted by his own petard?
I now see where TDPK has got his talking point about Aaron being thrown out of court. He wasn’t…but the judge DID threaten it. That is TDPK whole operation. He takes a little kernel of truth and twists it into whatever lie he wants to put out there.
Simply because a Judge mentions that what happened on Jan. 9th COULD be considered Assault, he spouts off that two judges have found an assault occurred. It was never argued. Aaron never got to put on a defense. A legal finding of Assault was never found. The case was dropped by the D.A. Yet TDPK consistently claims that he is the victim of assault.
Reading through his motions and different transcripts it drives me crazy when he does things like that. That he is able to make those types of claims.
I don’t worry so much. I’m pretty sure the judge’s clerks are ripping copies of Kimberlin’s filings and showing them to all their friends. I can only imagine the conversations they’re having down at the bars they frequent.
You think this is funny for us? Brett Kimberlin’s legal rantings are fried gold for lawyers.
Yeah. I am sure they are. It’s is just when he seems to be getting away with false accusations that it drives me mad. Mr. Backer has done a good job of pointing out where he is attempting to deceive the court very well in some of the motions I have read here. Even though he does not always address EACH falsehood that is mentioned.
It’s been pretty much comedy gold for even a lot of non-lawyers like myself.
It’s frustrating, but Backer will cover the important points. He has to leave the minutia alone. I was involved in a huge court case and you realize pretty quickly that you can’t address every little detail in your responses. Your adversaries are almost always gonna get away with some BS.
The good news is this: A lot of judges are so busy, they don’t have time to read the docket. So they will never see the filings. They will only hear the oral pleadings. It just depends on the court. Sometimes it’s actually better that way. It weeds out the nonsense and gets to heart of the matter.
So basically, he was trying to get Aaron assassinated or force him to have to go into hiding like Molly Norris. Terrorists of a feather!
Just because the discovery is due on the 5th doesn’t mean Kimberlin will be in front of a judge that day. If he runs out the clock Walker’s attorney will need to petition the court on a motion to compel again. We haven’t seen the motion to compel language, correct?
Chances are Kimberlin will respond with something marginally responsive. If he answers I ain’t gonna like he said he would I don’t doubt that a judge is going to be ticked and will put some real sanction like fees and then a one week deadline.
I don’t know. I’m betting he won’t turn anything over. I imagine Backer will send him a courtesy email or two this week in order to show some good faith attempt to get something accomplished. But ultimately, I suspect Backer will be forced to file a motion for contempt. Unless the the judge decides finds Kimberlin in contempt at the hearing this Friday. I can’t imagine he’s got enough patience to put up with this any more.
I don’t know that all of the docs have been posted here (or if they have that I have read them all completely) but what is the hearing on 10/5 for?
TDPK has filed a motion for sanctions against Dan Backer and for a cease and desist order that would essentially be equivalent to a gag order on further publicity. That is docketed for the 5th. That is also the date that discovery is due from TDPK. Mr. Backer has filed a response to the TDPK’s motion, but I don’t have a copy yet.
Okay, backtracking a bit. The 10/5 hearing is on the motion that Kimberlin made which is going to go nowhere. Got it. It is in the morning and as we have not seen the order that came from the motion to compel, I can’t definitively say, but I would suspect that he has until close of business on that day to respond.
I would also suspect that Backer has a motion ready to file right at 5 pm if he does not respond.
WIth this BS motion K is going to annoy the judge – and if he follows that up with intentional disobedience of a court order….
Well, I don’t see that going well for him.
My guess – he is hoping to win this motion, which he would use as a reason to skip the discovery. Failing that (which it will fail) he will provide a response at the very last minute that is marginally responsive. Enough to stave off a contempt charge, but not anything really useful to use against him. To make the discovery more responsive will require another motion to compel, which will take some time to get on the docket, etc., and he will file yet more charges and motions that it is an attempt to harass him etc.
Thanks for the clarification, Mr. Hoge!