Is Dread Pirate #BrettKimberlin Too Big for His Breaches?

The Gentle Reader who has been following the Saga of TDPK for at least a month or so will remember that TDPK filed a motion in the Virginia Walker v. Kimberlin, et al. case that contained documents which the court had ordered sealed. That was a clear violation of the judge’s instructions to keep the material confidential.

Doing something like that once could be taken as a mistake. Breaching the ordered sealing the material multiple times starts to look like willful disobedience of the court’s order.

This second breach raises some interesting questions with respect to Mr. Cohen’s involvement. IANAL, so I may misunderstand the rules. However, if Mr. Cohen is not TDPK’s attorney, I’m not sure why it would be proper for him to have access to the sealed discovery documents. Furthermore, as a lawyer licensed to practice in Virginia and an officer of the court, wouldn’t he have a duty to inquire about the provenance of the documents before receiving them?

BTW, if Mr. Cohen is representing Justice Through Music Project and Velvet Revolution US in the federal Walker v. Kimberlin, et al. lawsuit, then his clients have potential adverse interests with respect to TDPK. Is it proper to use sealed documents from the Virginia case that he should not have to support negotiations in the interest of his clients in the federal case?

<mockery>Again, the legal strategy behind breaching the court-ordered seal on the documents is either clever beyond the understanding of all the lawyers I’ve discussed this with, or it is mind-bogglingly stupid.</mockery>

If these were the only breaches of the seal on discovery documents, my suspicion is that they would be enough to cause TDPK to be in a heap of trouble when Judge Potter rules on the sanction motion on 4 December. They aren’t. There’s more to come.

You may want to start buying your popcorn (or Jujubes or Raisinets) in bulk.

Stay tuned.

3 thoughts on “Is Dread Pirate #BrettKimberlin Too Big for His Breaches?

  1. Are we sure there is no way to build a concession stand in time for the Dec. 4 hearing? Someone can make a mint.

  2. I have the feeling that TDPK doesn’t care if he gets hit with sanctions. He assumes the Judge will just hit him with fines…that he will plead poverty too and not pay.

    This may work for the first round of sanctions, but I think Judge Potter will get on to this tactic right away. Hopefully then he will start hitting him with jail time. Brett Kimberlin, TDPK, deserves nothing less, IMO.

    I am going to start calling Brett Kimberlin by name, at least once in each comment I leave dealing with this story. I would like to see these pages start to pop up when you Google his full name, and not just The Dread Pirate Kimberlin.

  3. Although It’d be great sport to watch this putrid little cockroach be eviscerated at the Dec 4 hearing, I’m betting Mr. Backer and the Blogger’s Defense team are after bigger fish to fry, something which Kimberlin is either oblivious to or is arrogantly dismissive of. Kimberlin’s activities at least since July 29, 1978 are under micro scrutiny. Anyone with even half a brain in Kimberlin’s situation should seriously consider just pleading the 5th from here on out in this civil litigation, allowing Walker just to take whatever judgment he can. Hey, Kimberlin already owes a $1.5mil judgement plus interest to the DeLongs which doesn’t seem to impair him any. But Kimberlin is too arrogant to do that. He’ll go down accordingly.

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