Dread Pirate #BrettKimberlin Reads My Blog

Anyone can open an account at Pacer and download federal court documents for 10 cents per page. Anyone can walk into Room 314 at the Prince William County Courthouse in Manassas, Virginia, and print copies of court documents for 50 cents per page. I’ve done both. That sort of shoe leather reporting is how I’ve come by the court filings I’ve posted recently in the Walker v. Kimberlin, et al. federal and Virginia civil suits.

Here’s the latest. It’s a Motion to Order Plaintiff to Cease and Desist and for Sanctions Against Plaintiff’s Counsel filed by Brett Kimberlin in the Virginia case. I would normally wait for Aaron Walker’s lawyer to file his response and let that answer Mr. Kimberlin’s claims. However, since Mr. Kimberlin cites my writing on this blog, I will respond as a point of personal privilege. But first, here’s the filing.

My comments are keyed to Mr. Kimberlin’s number paragraphs. Since I’ll only respond to a few, most are skipped.

2. In this paragraph and in his introductory remarks at the beginning of the motion, Brett Kimberlin asserts that all of his emails with Mr. Walker’s lawyer have appeared in one way or another on the Internet and that that is somehow illegal. As evidence, he attaches Exhibit B which is a partial copy of this Hogewash! blog entry. Sure enough, there are copies of his email communication back and forth with Dan Backer on a matter related to the Virginia case. I can’t say that whether or not these are all the email traffic between them. These emails were included as an exhibit in a court filing and, as such, are a part of the public record. The. public. record. Publishing documents that are a part of the public record is not illegal. TDPK and his crew do it all the time.

3. The only posts I have made with respect to Mr. Kimberlin’s invoking his Fifth Amendment right to remain silent simply wonder why he would need to unless he has a reasonable apprehension of criminal liability.

15. By incorporating by reference my blog post as an example of the “improper and unethical” behavior he complains of, Brett Kimberlin essentially accuses me of participating in it. Here is how you will know that his claim is false. If he were to repeat it any place other than a court document, he would be opening himself up to a claim by me of defamation. See if he repeats it elsewhere.

One more thing … At the end of his motion, Mr. Kimberlin asks that Prince William County Circuit Court order that a federal trial be transferred to its jurisdiction. Sigh. IANAL, but it seems that Article VI, Clause 2 (the Supremacy Clause) and Amendment XIV, Section 1, Clause 2 (the Privileges and Immunities Clause) would keep that from happening even if the Circuit Court were disposed to try it.

Meanwhile, 5 October is almost here. We’ll see who gets sanctioned.

Tick, tick, tick, tick, …

UPDATE—Brett Kimberlin’s assertion that it is unethical for a lawyer to publicly discuss civil litigation in Virginia has no basis. Indeed, Rule 3.6 of the Virginia bar prohibits such extrajudicial discussions in a criminal matter that can be tried by a jury, but does not apply to a civil suit.

Rule 3.6

Trial Publicity

(a) A lawyer participating in or associated with the investigation or the prosecution or the defense of a criminal matter that may be tried by a jury shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication that the lawyer knows, or should know, will have a substantial likelihood of interfering with the fairness of the trial by a jury.

(b) A lawyer shall exercise reasonable care to prevent employees and associates from making an extrajudicial statement that the lawyer would be prohibited from making under this Rule.

However, I have never received any information that was not a matter of public record from any lawyer representing Aaron Walker in any matter discussed in this blog.

UPDATE 2—I did not deal with all of the claims in the motion above that seem disconnected from reality. I’ll leave that to opposing counsel. Given that a hearing is scheduled on the motion on 5 October, the same day Mr. Kmberlin’s responses to discovery are due, I’d guess that there will be a response filed soon.

Theme graphic added.

16 thoughts on “Dread Pirate #BrettKimberlin Reads My Blog

  1. Didn’t Kimberlin put private information about Aaron in court documents? That very act would have made Aaron’s name and other private scrutiny. So Kimberlin is complaining about publicly available information about him written on blogs or tweeted?

    I don’t see how the judge will buy this excuse of Kimberlin to not obey the court and provide the information that has been requested.

    It has been speculated that Kimberlin put Aaron’s personal information in court documents for the very purpose of getting that information on the Internet. If that is true, then isn’t this a case of projection?

  2. I have really been enjoying your bringing this info, along with your analysis, to light.

    I can see he is trying to get a GAG order put on the case. First he is trying to get one against AW, and then if that is successful I would not be surprised it he tries to get one on you and ANY reporter/press person.

    AW is doing as his lawyer has requested, which is why, IMO, he has not done any further posts on the case since just prior to the Motion To Compel hearing.

    IANAL but I do not think a gag order has ever been ordered on a CIVIL case.

    Also, check me on this if I am wrong, but wasn’t the FEDERAL case opened a long time ago, but was the one that was mistakenly closed? If so, he is basically saying the re-opening of the case that was never supposed to be closed is this new “Instant” case. Which would be just another instance where BK is twisting the truth in order to deceive the court, IMO.

  3. Tannyo,

    That is EXACTLY what happened. BK put his name, his address, his high school, his law school,and other personal and identifying information in a court motion to dismiss his prior motion that Google identify him. This brought AW to court to ask for that Motion to be put under seal. Then BK put the information again into his answering motion to dismiss, which AW again had to ask be put under seal.

    That was why AW was at court on Jan. 9 when the “Ipad incident” occurred. It was shortly afterward that Brynart (sp) released his info via Twitter I believe.

    BK has also changed his reasoning for WANTING AW’s info to be released. He originally said in court documents that he wanted that information so he could call AW as a witness in the Seth Allen case. This was supposedly to testify as to the type of “legal advice” that AW had given Allen. Also to discuss an email that Seth Allen allegedly threatened BK in.

    He has now shifted to wanting to out AW because of the Everyone Draw Muhammad web site as his reason for wanting that information.

    There has been nothing documented that shows BK contacted AW’s employer directly, but a letter that he sent “warning” the police has been shown. At least nothing that has been released yet that I remember seeing re: the employer. With BK’s credibility though, I do not believe him when he says that he had nothing to do with that.

  4. A few Kimberlinism seemed to have been missed. First, Kimberlin has repeated his pattern of first aggressively threatening Walker’s lawyer with sanctions, and, then poising as the victim of “retaliation” when Becker had the audacity to continue to represent the best interests of his client. He equated failing to settle on his terms with failing to negotiate in good faith. Second, once again he conveniently fabricates necessary elements to gain standing. In this case, in his demands for relief he presumes that Walker, or his lawyer, has the power or ability to order you to cease accessing and reporting public records. Similiarly, he represents being screened for meritorous filing with being denied access to the courts., He equates a judge’s decision to seal court filings including Walker’s personal information with being censored. He equates his legal arguments being criticized with him being “mocked,” aka “defamed.” Yet again, he equates folks voluntarily giving money so that Walker may pursue his case with a conspiracy to “harass” him.

    I suggest that you file a peace order against him tomorrow. Specifically, because 1) Walker has explicitly denied any association with Norton, Norton with Walker, and because I’m sure you have publicly stated that you accessed Pacer for your source documents; and 2) Kimberlin has read all of these statement courtesy of Google, he has persisted in making false, and defamatory statements against you after being told to desist, and has a pattern of doing such. That you believe him to be mentally ill. That according to media accounts he solicited a fellow inmate to murder witnesses against him. That as a mentally ill individual Kimberlin is as capable of violence today as he was in Speedway Indiana, or in prison. That other enemies of Brett Kimberlin just happened to be “SWATted.” That other reporters on the case have had to flee in fear of the safety of themselves and their families. And, that you have a reasonable fear for your safety.

    I suggest you ask for an injunction against any claims that you are acting on Walker’s command. That he stay physically away from you. That as a member of the press he not interfer in your business in any way. That he be barred from the type of “research” he filed again Walker. That he be enjoined from calling the police to report criminal activity at your home. And, further that he not solicit nor suggest to any other person that they do any of the above.

    Then, you should consider further legal actions against the man.

  5. On other matters, Kimberlin asserted that because Muslims murdered Americans for other Americans criticizing Mohammad, the public, including such Muslims had a right to know the identity of Aarron Worthington. He said those things in the same paragraph! How could this be construed as anything other than a confession he attempted to open sealed records exposing Walker’s identity in an attempt to have him killed?

  6. That was an embarassing read. This guy needs a lawyer, pronto.

    “If he were to repeat it any place other than a court document, he would be opening himself up to a claim by me of defamation.”

    What makes you think you can’t be defamed in a court document?

    “At the end of his motion, Mr. Kimberlin asks that Prince William County Circuit Court order that a federal trial be transferred to its jurisdiction.”

    The response to your comment is complicated. Short version: there’s a legal maneuver he can do to attempt to merge the cases, but he’s not doing it right.

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