#BrettKimberlin Post of the Day

Brett Kimberlin has been engaging in lawfare against people who have the effrontery to write the truth about him and his background. He views this as harassment Fortunately, some of the folks Mr. Kimberlin has gone after are pushing back. Of course, he views this as unfair. He reminds me of a bully who whines when he gets hit back.

The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Mr. Kimberlin has made it clear that he does not intend to cooperate with discovery in these cases. Yesterday, I posted the Motion to Compel Discovery filed by Mr. Walker’s lawyer Dan Backer in the Virginia case. It referred to several Exhibits. Today, we’ll look at Exhibits A through D.

Exhibit A is a courtesy email sent by Mr. Backer to Brett Kimberlin. Mr. Kimberlin’s email address has been redacted.

Exhibit B is the Interrogatories sent to Mr. Kimberlin. This is a normal part of the discovery process in civil suit. A third party’s name has been redacted to protect her privacy.

It’s not hard to understand why Brett Kimberlin would want to avoid answering these questions (especially number 11) under oath, but unless he can come up with a valid legal argument, he must do so. He must also produce the documents requested in Exhibit C.

Finally, he must admit or deny the assertions in Exhibit D. Note that much referenced in this Exhibit are matters of public record.

There will be a hearing on the Motion to Compel Discovery on Friday, 14 September. Watch this space for more documents related to this case.

Tick, tick, tick, tick, …

UPDATE—In response to an email … The name redacted in Exhibit B is that of someone who was a minor child at the time of the events in question. This question appears to be related to information reported by Mark Singer.

7 thoughts on “#BrettKimberlin Post of the Day

  1. I’m sympathetic to Walker, but I think he’s over-reached with the relevance of some of these questions and fear that it may derail his whole case. Hope I’m wrong.

    • Kimberlin, under oath, accused his accusers of accusing him of being a pedophile. Whether they did, or merely raised the possibility given his relationship of Julia Scyphers’ granddaughter is subject to debate. In either case, the truth would be a complete defense.Kimberlin himself made that question germane.

      Walker certainly has every right to try to establish a pattern of harassment of perceived enemies by asking Kimberlin about his treatment of folks like Frey and Malkin. The irony is rich that after outing Walker as the publisher of a blog Kimberlin is being asked to out himself as behind several blogs. That is certainly germane given the blog’s content can reasonably be construed as anonymous harassment of perceived enemies.

    • I appreciate your concern, but I do not think that any questions about relevance will derail the case. There will, of course, be the obligatory discovery dispute, but the definition of relevant information for discovery purposes is broad enough, in my opinion, to encompass most of the interrogatory questions. Whether it would be admissible at trial, however, is a different question.

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  4. I actually hope he doesn’t respond on the association with Tides/Streisand foundation, etc. That would then be ample grounds to subpoena those organizations for their records, and they likely won’t screw around the way that he is…

    • I don’t know Virginia state civ pro. In Iowa the conspiracy theory advanced in the petition might open that subpoena door anyway. Virginia discovery practice probably follows

      That is a door the lefties do not want opened. Hubris for $100 please.

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