Dread Pirate #BrettKimberlin’s Defiance


I’ve finally made it through all the motions and exhibits that I picked up at the courthouse in Manassas today. Here’s a list of them:

Motion to Dismiss (from TDPK)
Motion for Protective Order to Stay Discovery (from TDPK)
Motion for Sanctions Against Defendant Kimberlin (from Walker)
Motion to Deny Defendant Kimberlin’s Motion to Dismiss and Motion for Protective Order to Stay Discovery for Failure to Follow Rule 4:15 (from Walker)

TDPK’s motions are mostly rehashes of previous arguments. I’ll get around to them later. The meaty material is in Dan Backer’s filings on behalf of Aaron Walker. It will take a while to get them scanned and uploaded. Bear with me.

One of the exhibits for the Motion for Sanctions Against Defendant Kimberlin (Exhibit A) is sealed because it contains information received in discovery. It was filed under seal because of the judge’s order with respect to confidentiality of discovery materials. However, Exhibit C of the Motion to Deny Defendant Kimberlin’s Motion to Dismiss and Motion for Protective Order to Stay Discovery for Failure to Follow Rule 4:15 has some interesting information with respect to discovery without divulging actual material.

<mockery>This is an email exchange between TDPK and Dan Backer. Look at Mr. Backer’s second paragraph.

Your single response, duplicated for every query, …

Giving the same answer for dozens of questions each of which requires a unique answer smells like someone pleading some sort of privilege against having to answer. And that, as Mr. Backer says,

… meets neither the letter nor the spirit of the Court’s September 14, 2102 Order.

It’s beginning to look as if TDPK really did defy Judge Potter’s order compelling discovery and his additional instructions on how to fulfill the order that he gave last week. Judge Potter seems like a fair and patient man, but I’ve never seen a judge put up with this kind of defiance. One wonders what is so important for TDPK to hide that he is willing to risk being held in contempt.</mockery>

Oh, and there’s so much more. It’ll take several days to work though this lode of material. There’s even stuff of another fun post in this Exhibit C.

So get some more popcorn (or Jujubes or Raisinets) and stay tuned.

We’re just getting started.

UPDATE—A lawyer who practices in Virginia has pointed me to Va. Code Ann. 18.2-456 et seq. which specifies what a judge can do to summarily punish contempt. 10 days or $250. If the Judge wants to go for a criminal contempt charge, things get much more serious.

7 thoughts on “Dread Pirate #BrettKimberlin’s Defiance

  1. Thanks sir. Your continued work on this story is greatly appreciated.

    So he really did basically tell the judge to “F” off. Man has balls. No brains, but plenty of balls. So now I hope the judge is able to relay to TDPK that this is a serious matter, and that he should start treating it as such;. And learn to show the court the proper amount of respect.

    I am betting that each answer was something along the lines of: I plead the 5th.

    He may have tried to pretty it up somehow by adding a supposed reason why he is allowed to answer that way, but from his past correspondence that would be my best guess.

    • I also notice that it does not seem to matter that TDPK said he would not be able to go to court until after the election, since there is one hearing set for 10/26. Good.
      He didn’t seem to care if it was a bother for Mr Walker, Mr Backer, heck even Mr. Allen when he was litigating that case.
      As Ric Flair* used to say, “Now it’s time to go to school!”

      *yeah, I am an old school wrestling fan…8P

    • I have been saying that since the beginning. People seem to think this guy is some kind of genius or something. But I’ve been sitting here thinking: this guy is dumber than a bag of rocks. I mean, all of those old prison filings that he was successful at…I read that he was assisted by actual attorneys on those. Attorneys with…talent. But get him in a courtroom on his own? Yeah…not so much.

      I had to plead Pro Se on a case once, and even I knew you had to cite cases if you wanted to plead arguments with a real attorney. Shockingly…I even had to research legal theory as well. THE HUMANITY!!!! “The doctrine of unclean hands.” I still remember it.

      Anyway, try cracking open a law book Kimberlin. It’s not Global Thermonuclear War, for God sakes. You look like an idiot.

      • That is probably what happened now that you mention it. If he did anything else then he was definitely spitting in the judges face. Using this answer he is still showing massive disrespect, but he can at least try to argue that he is not trying to show disrespect to the court. It is still dumb, but it is not completely stupid. So, he was either dumb, or he was stupid. Not exactly a good position to be in.

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