Dread Pirate #Brett Kimberlin: Year in Review 3


On Sunday and Monday, we took a look back at TDPK’s first attempt to get a peace order sustained against Aaron Walker. When that case got to Circuit Court where the Rules of Evidence are strictly applied, the petition was thrown out without Mr. Walker even having to offer a defense. TDPK couldn’t show that the requirements for a peace order had been met. When he tried to file an appeal based on bogus claims about the Circuit Court proceedings, TDPK’s appeal was denied.

When Judge Johnson ruled in that first case in April, he explained how the law was supposed to work to TDPK, but he seems to have ignored the Judge. He filed a second bogus peace order petition in May.

The District Court hearing on 29 May was a travesty. Judge Cornelius Vaughey wound up ignoring evidence presented and Supreme Court case law (“Well, forget Brandenburg. Let’s go with Vaughey … “) and issued a peace order that prohibited Aaron Walker from being able to speak or write about Brett Kimberlin for six months:

Respondent shall not contact the person in person, by telephone, in writing, or any other means. And “any other means” is putting on a blog, a Tweet, a megaphone, a smoke signals—what else is out there—sonar, radar, laser. Nothing.

The hearing was held the week after Everybody Blog About Brett Kimberlin Day, so there was a great deal of interest in the case. The result was a temporary Pyrrhic victory for TDPK. He had his peace order, at least for the time being, but it was so blatantly unconstitutional that the case became an even greater cause célèbre in the blogosphere. If TDPK thought that lawfare would be an effective tool to use to squelch discussion of his past and present activities, … well, the Streisand Effect kicked in.

Of course, Aaron Walker immediately appealed for a trial de novo in Circuit Court. That trial was held on 5 July. I was present. We’ll review that trial tomorrow.

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