Last Friday, I picked up over 60 pages of public documents that had been filed during the previous week in the Virginia Walker v. Kimberlin, et al. lawsuit. I’ve decided not to post all of the material, at least for the time being, because much of it is repetitive. I do want to post the main body of Aaron Walker’s Motion for Sanctions Against Defendant Kimberlin.
I’ve left off the exhibits. Exhibit A is sealed; I don’t have it. Exhibits B and C are copies of motions previously filed by TDPK. Exhibit D is the billing record for Dan Backer’s law firm related to the motion; he’s asking for an award of legal fees.
<mockery>Since the whole Saga of TDPK is convoluted, might as well begin in the middle of the motion with Count Two, Practicing Law Without a License.
TDPK has been filing motions on behalf of his codefendants Neal Rauhauser and Ron Brynaert. That is a clear violation of the Rules of the Supreme Court of Virginia. First, Brett Kimberlin does not have a law license in any state, let alone Virginia. (BTW, as a convicted felon, he probably can’t be admitted to the bar in any state.) Second, even if he were a lawyer, he is not a disinterested party; his defense will undoubtedly have conflicts of interest with the other defendants’.
He claims that he has standing to defend the interests of Messrs. Rauhauser and Brynaert because he is an alleged coconspirator. Poppycock! A default by one or more alleged conspirators does not prove the involvement of anyone else. That’s a matter of both logic and the law.
If he thinks that he has an effective strategy for anything other than creating delays that might not be viewed sympathetically by the judge, he could be in for a very rude awakening. In just a few more days. The sanctions hearing in a week from this Friday.</mockery>
Say, that hearing date is another drop dead date for TDPK. The motion seeks sanctions if he hasn’t complied with the judge’s discovery orders by the time of the hearing. The clock has started again.
Tick, tock, tick, tock, …
Must be the cynic in me, but I don’t see TDPK getting hurt by the conclusion of this motion.
For one thing, he will probably not be referred for the misdemeanor charges (Especially since it only requests that relief if he does it AGAIN…so it is a possible sanction at a future date, if ever) on unlicensed practice of law.
And as for the attorneys fees, even if he gets charged them, I will bet dollars to donuts he won’t ever pay them. If they do get paid, it’ll be by JTMP or VRUS funds. Which, hopefully, gets found out with discovery.
So, it’ll be fun if he gets sanctioned on 10/26, but it will be a hollow victory most likely.
We still have a long way to go for there to be actual justice in this case. I’m settled in for the long haul.
(BTW, as a convicted felon, he probably can’t be admitted to the bar in any state.)
Being a convicted felon doesn’t prevent you from being admitted to the bar. The “Character and Fitness” requirement is only that you are able to be a good attorney and fairly represent your clients. A felony conviction doesn’t prevent you from fairly representing your clients.
However, the felony PERJURY conviction would probably prevenet him from being admitted to the bar. Lying to the court is a pretty serious violation, unless you’re the President.
I’m not sure that’s true. Because I know that convictions can get you disbarred in some states, including DUI’s. Yes, DUI’s. So I’m not so sure that having a felony conviction for domestic terrorism and impersonating a federal agent would magically be waived for our little pirate.
If TDPK is trying to annoy the judge, he’s doing an excellent job. Not a good strategy, but excellent execution.