As I blogged here and here, TDPK engaged in at least three breaches of Judge Potter’s order to keep discovery documents in the Virginia Walker v. Kimberlin, et al. case confidential. Here’s the notice of a fourth breach of the judge’s order that Dan Backer, Aaron Walker’s lawyer, filed with the court:
In an attempted comment to one of those posts (He doesn’t seem to have figured out that anything he sends is blocked as spam), Cabin Boy Bill Schmalfeldt claimed that
I do know that they were not sent to me by a party in the lawsuit. I don’t know that they are part of the discovery or not. I am well within my first amendment rights to print them.
Let’s examine those claims.
It may very well be that the documents did not come to CBBS directly from TDPK or FMNR. If a third party delivered them, his statement could be literally true. As to not knowing that they are part of the discovery, Dan Backer asserts in the notice to the court that when CBBS contacted him to verify their authenticity, he informed CBBS that the documents were under seal.
Now about his First Amendment right to publish them … IANAL, but it seems to me that could be a bit murky. If, as TDPK implies, the documents are stolen property, then CBBS has no right to possess them, let alone publish them. If they were leaked via Brett Kimberlin, then CBBS may have the right to publish them—unless there is some sort of employee/employer or agency relationship between TDPK and CBBS. For example, if CBBS has ever received payment for work done for Justice Through Music Project or Velvet Revolution US under TDPK’s supervision, it could become easier for a court to decide that he was an accomplice to the leaking. The First Amendment isn’t a shield from a contempt of court citation. Such a connection could also erase any protection CBBS might enjoy under the Maryland Reporter’s Shield Law. A similar relationship with Neal Rauhauser, who is also a defendant in the case, could also be problematic for CBBS.
<mockery>So now it begins, the divergence of interests. It looks as if either CBBS is in possession of stolen property that he probably had no right to publish—or TDPK is lying about being the source of the leak. So CBBS’ best way out of the hole he has dug for himself is to acknowledge TDPK or FMNR as the source of the leak to him. Of course, if his name shows up on JTMP’s or VRUS’ books, that may not help him.</mockery>
Pirate wannabes in a clown car. I never would have thought when I took up blogging last year that I would have wound up with most of my traffic related to such a bunch of bozos. It’s been hard to watch how their nastiness has affected so many good people, but it has been satisfying to watch them beclown themselves as they try to evade justice. They will be brought to justice, and I hope that I can play some small part in that.
I’m gonna try. Stay tuned.