Dread Pirate #BrettKimberlin’s Boss, Part Deux

A while back, I did a post about Jeffrey Cohen, the lawyer listed as the Executive Director of both TDPK’s “charities”—the 501(c)(3), Justice Through Music Project, and his 501(c)(4), Velvet Revolution US. The Gentle Readers who have been following the Saga of TDPK may remember that both of those organizations have been added as defendants in the federal Walker v. Kimberlin, et al. suit.

Because he is their Executive Director, Mr. Cohen has certain responsibilities and obligations with respect to JTMP and VRUS. Now that they have been sued, he must look out for their interest. Since he is a lawyer, he can handle the suit himself, although every other lawyer I’ve talked to about this situation thinks that would be unwise. They all also tell me that, whether he handles the case for the “charities” or not, it would be a severe breach of legal ethics for him to advise TDPK or represent him in any way related to the federal case because of the possible conflict of interest between the corporations on the one hand and TDPK as an individual on the other.

TDPK states in one of his motions in the Virginia case, that in a communication with Aaron Walker’s lawyer the “Executive Director”

… responded that he would … seek Rule 11 sanctions against counsel for bringing a frivolous suit …

TDPK’s knowledge of this leads one to wonder how close to the line (and on which side of it) the relationship between Defendant Kimberlin and Defendants JTMP and VRUS is with respect to legal defense. One hopes that Mr. Cohen has not knowingly received any discovery materials from the Virginia case via TDPK. He may not be involved in that case, but as a lawyer, he would be ethically bound to inquire as to the provenance of such material.

Oh, and one more thing … There seems to be some confusion about which Jeffrey Cohen is connected to JTMP and VRUS. This Jeffrey Cohen is the lawyer who practices patent and trademark law in the DC area. He is not the Jeffrey Cohen who has an entertainment industry related practice in Los Angeles.

8 thoughts on “Dread Pirate #BrettKimberlin’s Boss, Part Deux

  1. It might get kinda boring actually, if Mr. Cohen represents the charities. I would expect his filings to be actually pertinent to the motion at hand, rather than the easily mockable filings that TDPK has been submitting.
    I never actually thought through that TDPK would not be able to handle all aspects of this case himself, but he can’t represent the charities because:
    A) He is not a lawyer and
    B) There might just prove a conflict of interest between TDPK and the charities.
    This kind of blows their pro se defense/attack theory out of the water and should actually start costing legal fees to defend the case brought against them, instead of just trying to impoverish Mr. Walker.
    FMNR’s plan backfired a little bit here on TDPK methinks.
    I’d like to see the email that Mr. Backer sent to Mr. Cohen that TDPK thinks proves extortion. The one he claims is trying to blackmail Mr. Cohen into firing TDPK.
    Since FMNR has already proven to not care about keeping discovery confidential, just as obviously as TDPK has chosen not to by sharing the discovery with FMNR in the first place, you can bet that if the email REALLY showed a blackmail attempt that they would have leaked it/posted it on the net to taunt Mr. Walker and Mr. Backer.
    Well, actually, that email should not be part of the discovery. It is only an exhibit most likely. Which the judge has not declared has to be kept confidential. I don’t think anyway. The transcripts from that Oct. 5 hearing would clear that up.
    Doh! Sorry Mr. Hoge. I got to rambling thoughts there. Scattered all over the place, about the case in general and not just about Mr. Cohen. That’s what I get for trying to write a comment after 2 AM when I have not been getting much sleep lately….yeah. I’ll shut up now.

    • The possible issue with the alleged email from Mr. Cohen to Mr. Backer is that Mr. Cohen would have been acting because of his relationship with the “charities.” Because of that relationship and the likely adverse interests of the “charities” with respect to TDPK, it would be unethical for him to advise Brett Kimberlin on matters related to the federal lawsuit.

      It would probably be OK for the possibility of filing a sanctions motion to have been discussed in a general way, but allowing access to emails looks dicey to me.

  2. Your sleep deprived ramblings are more cogent and make more sense than anything TDPK has put to paper. I guess that really does show the difference, not only between knowledge and wisdom, but also between intellect and asshattery.

  3. Let’s remember that TDPK is the only defendant in common between the Virginia and federal suits–unless John Doe 1, the operator of Breitbart Unmasked, is Neal Rauhauser as Stacy McCain suggests.

    While the Virginia discovery can’t be used in the federal case, the knowledge derived from it can help in writing the shopping list for the discovery in the federal lawsuit.

    • I was thinking the same thing. It will help them focus on what they want specifically to show, as opposed to the fishing expedition they are on now.

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