After a long day (it’s over 80 miles to Manassas from my house) of non-action in court reporting, I decided to take a look at FMNR’s Kookpocalypse. The site started to look like a nothing-to-see-here-move-along waste of time until I spotted an item he had posted that could only have come to him from The Dread Pirate Kimberlin and that TDPK could only have acquired through discovery in the Virginia Walker v. Kimberlin, et al. lawsuit.
Judge Potter specifically told TDPK on 5 October that discovery was to be kept confidential between the parties, for counsel’s eyes only. Since TDPK is proceeding pro se, that means there is no one else with whom he may share the discovery materials he has received from Aaron Walker. No one. Not even one of the other defendants—they weren’t parties to that discovery.
<mockery>I simply don’t understand TDPK’s strategy of continuing to thumb his nose at Judge Potter’s instructions. Furthermore, I don’t understand why FMNR thinks that posting that sort of stuff will be looked on favorably by the judge. Maybe he really thinks that he has dodged service in the suit. If so, he’s in for a nasty surprise.</mockery>
Dan Backer has been kidding my about my salt consumption with all this popcorn. Actually, I eat it unsalted. The stuff I bought from the Boy Scouts has a smooth, naturally buttery flavor when I pop it in the microwave. I recommend it.
Stay tuned.
UPDATE—Mr. Backer has sent me an email about buying popcorn from Cub Scouts at his Metro stop this evening. Good.
I think FMNR really does think he avoided service. I think TDPK knows he is going to get sanctioned. He also knows that will be what twitter and the blogosphere will be talking about when it happens.
So to try to change the topic to something about AW, I think FMNR planned to release discovery docs, maybe something that he thinks will make AW look bad. Maybe even do some fisking of his own over some emails or something.
Since the hearing was postponed, FMNR is holding off on the doc bomb until the new hearing of Dec 4.
I think that was the plan. However, I have a feeling something happened that has also put a kink in those plans.
While I have not seen any of the discovery from TDPK, one of Dan Backer’s motions notes that the same answer was provided for all interrogatories, document production, and admissions. That sounds like TDPK refusing to answer based on some imagined privilege, and I can’t imagine that running more than 10 pages. OK, maybe around 30 if he did one answer per page.
Yeah. However if there were over 500 pages of discovery, then that means AW has answered his discovery and they have tons of AW’s answers to go through. I think Neal has been given that discovery by Kimberlin, against the judges order.
FMNR plans to release that, at a time that will stop the blogosphere from talking about how TDPK got smacked down by the judge. Instead he releases what he thinks is damaging from the discovery, to try to get the blogosphere to talk about that.
Since TDPK didn’t get smacked down today. FMNR didn’t release what he was planning to. He’s holding on to it until Dec. 4.
Either that, or something else happened that made FMNR change his mind about releasing everything. Maybe FMNR thinks he can explain away how he got just a couple of pages of the discovery, if ever brought before the judge.
Regardless, FMNR screwed up by releasing anything from AW’s discovery answers. And TDPK should get to hear about it on Dec 4.
Reblogged this on The Crying Wolfe.
I went to the Kookpocalypse site to check it out. I’ve never been there before. Does he normally keep it locked down and inaccessible to public viewing, or is this a new thing, maybe even as a result of your post right here?
” The stuff I bought from the Boy Scouts has a smooth, naturally buttery flavor when I pop it in the microwave. I recommend it.”
I understand the sentiment that as bad guys dig a deeper hole justice seems more certain and hopefully more strict. Unfortunately, these episodes come at a real cost to innocent people. People who probably will wind up having to discuss wild smears to their employers. People whose spouses may have to wind up explaining wild smears to their employers. People whose parents or wives or friends might be smeared, simply because they were honest in their appraisal of Brett Kimberlin and Neal Rauhauser and Ron Brynaert.
I intend no criticism of the good guys here. Aaron and Mr Backer doing their best to comply with discovery does make the court’s work a lot easier, I bet. Unfortunately, discovery is one of those processes where the dishonest person has an advantage over the honest person. That’s a recurring theme in this fiasco.
Fortunately, I think Aaron and Mr Backer are going do all they can to make it worth it. I can’t wait for this long promised popcorn moment. Something more than a dismissal of a bogus protective order.
“FMNR didn’t release what he was planning to. He’s holding on to it until Dec. 4.”
I am unable to reply direct to Monitor’s comment, so here’s my reply.
The kookpocalypse torrent was the most dramatic example of a planned big deal story, and Neal completely failed to back it up. The best predictor of future behavior is past behavior. He will probably promote untrue conspiracy theories, with a mix of ridiculousness and passion that keeps ya wondering if he’s actually crazy enough to have convinced himself. He will also provide material in a way that shows he struggled mightily to prove something he has no basis for.
Those who were following this story early recall all those youtube videos of stabbings and shootings, the huge countdown clock, and the maps to Aaron’s vicinity, leading up to ‘kookpocalypse’. Was that effort really a timed expose meant to smear Aaron? I don’t think it was. I think that was a cover up for an attempt to intimidate Aaron out of doing the right thing. I hope this comes up when damages are discussed. If Aaron can get a finding that these three worked together, he will have such a powerful case that damages should be substantial.
Those of us who have seen these various thuggish tactics have grown in loyalty. I can only think of two souls who were successfully intimidated, and I can think of twenty who were inspired to help Aaron. I think I pity the two cowards more than I do Aaron, who is no more perfect than the rest of us, but has retained his dignity and honor.
I’ll bow to your more informed guess. You are probably very right, that it will just be another crazy conspiracy theory.
I think I give them a little too much credit, I was thinking they will use the same type of tactics Obama uses, “Oh Look. SQUIRREL!”
I also think that they decided to try the Squirrel routine now, instead of trying to hold it back. They just didn’t get it done in time for their silly countdown. That is why the sudden release of Aaron’s discovery documents. The quick editorials spinning what those documents show.
I keep saying they. I think I should define who I think, right now, THEY are:
TDPK
FMNR
Lookout Occupy Rebellion (LOR henceforth)
Ships Chronicler Bill Schmalfeldt (or SCBS)
The only one that we are unsure of, as to who it is, is Occupy Rebellion. For all we know ishe/he could be FMNR or TDPK. OR has claimed to be a woman, and for some reason I think I’ll take that at face value for now. I have a lot more to say about SCBS, but I think I should save that comment until he actually becomes a part of the topic of the day.
Oh, one last thing, about the THEY. I do not think Brooks Bayne and his crew are part of Team Kimberlin. I do not think they are actively working with each other. I simply think that they think they have a common enemy, and so they root for each other from the sidelines. I could be very wrong about that and they could be in actual cahoots with each other, but I just don’t think so at this time.