Dread Pirate #BrettKimberlin Wins Round One in Federal Court

Judge Motz has dismissed the federal Walker v. Kimberlin, et al. lawsuit. Here is his order.

Here is his supporting memorandum:

Three points should be made. First, in spite of what you may read at other websites, the dismissal is not “with prejudice.” The order doesn’t say so.

Second, Dan Backer informs me that the dismissal will be appealed. Considering that the judge failed to address any of the points of law raised by either side, such an appeal has a good chance of being sustained.

Third, TDPK’s attempt at Rule 11 sanctions failed.

TDPK has won round one, but there will be a second round. Meanwhile, the Virginia case is still going with the big hearing scheduled for next Tuesday.

Stay tuned.

Tick, tock, tick, tock, …

14 thoughts on “Dread Pirate #BrettKimberlin Wins Round One in Federal Court

  1. Pingback: U.S. District Court in Maryland Dismisses Walker v. Kimberlin Federal Lawsuit : The Other McCain

  2. I won’t get discouraged until/unless the Virginia case is dismissed.

    I just can’t believe that Brett Kimberlin can do this sort of thing and get away with it.

  3. It sounds like Backer needs to amend his complaint to include compensatory damages. But if the federal court has no authority to appoint an administrative law judge then the complaint is defective. What is Backer’s reasoning for that?

  4. Pingback: Are Bill Schmalfeldt, Neal Rauhauser and Brett Kimberlin working as informants for the FBI? | Thinking Americanist

  5. First, courts tend to be a progressive playground. But it also appears that Kimberlin and Co. were able to paint Aaron as an unsympathetic plaintiff with this judge. Hopefully, Aaron and his legal team will have more success in presenting their case at the VA hearing.

    • BK and pals have been effective at making a good first impression. The case is complex and takes so much effort to understand, so there’s a lot of appeal in one party saying ‘let’s just not pay attention and dismiss this whole thing’. Of course, if you do pay attention and learn what’s happened, it’s not a two way street of petty harassment or abuses… it’s a very serious crime against an innocent victim.

      But to get to that point you have to realize that Brett Kimberlin is a talented con artist. We saw in Maryland how Brett would have a lot of success until someone put some time into understanding the case, at which point he always loses.

      Virginia’s case is not playing out the way the federal case has. It’s always been my real hope for success, too. I just think it was more realistic, not to begrudge the good guys their strategy of doing everything they can to reach some justice.

      Virginia’s court has demanded Brett comply with discovery, repeatedly. That’s a lot different from a court dismissing this whole business. Virginia’s court has combined all these issues and called for a bona fide hearing. That’s also promising to some extent.

      But this was always an uphill battle. Brett Kimberlin has abused the legal system for decades against so many victims because defending yourself, let alone actually responding with a suit, requires a lot of time, a lot of work, and a lot of money. Going through a full hearing on the merits is tough! Compare that with the ‘successes’ for Brett, which include a lot of preliminary motions, protective orders with low proofs, dismissals based on ‘this is the wrong time or place to get to the truth’ rather than ‘Brett proved he was right’.

      If Aaron and Mr Backer shared Brett’s goals, the federal dismissal would scarcely be a setback, but they aim to prove a case in a courtroom, which is a far higher standard.

      I don’t have my hopes set too high in Virginia because the good guys really do have a tough fight, but I do think that has always been the best chance the good guys have.

      In a fair world, Maryland would have simply prosecuted Brett for the false charges and put him back in a cage where he belongs. But everything is upside down these days.

  6. What I see is a judge who didn’t follow the proper process for acting on a motion to dismiss. In granting a motion to dismiss the judge is suppose to assume all of the plantiff’s contentions are true. This obviously did not happen. Walker carefully laid out a case that had absolutely nothing to do with “bitter political disagreements.” The judge seems to be acting on his reading between the lines of Kimberlin’s rantings about EDM.

    The case Walker outlined is roughly,

    1) Kimberlin was a convicted of numerous crimes including perjury and bombings. Additionally, he was ordered to pay a million dollars for the wrongful death of a man he bombed. To date, he has refused to pay that judgment.

    2) Kimberlin sought notoriety for himself by posing as a political prisoner, authorizing and cooperating with an autobiography of himself, accusing various political actors of felonies and advocating their arrest, and, otherwise seeking publicity for himself to raise funds for his non-profits.

    3) Seth Allen tried to draw an accurate truthful characterization of the real Brett Kimberlin as opposed to the self-serving narrative Kimberlin created about himself. That portrayal was both as a past criminal and person currently engaged in a scam to obtain money, and a scheme to evade the DeLong judgment.

    4) Seth Allen was SLAPPED.

    5) Aaron Walker, acting as a private citizen, provided advice to Seth Allen.

    6) Brett Kimberlin attempted to coerce Aaron Walker away from helping Seth Allen. Walker publicly noted what had happened, and publicly stated what the truth about Kimberlin was. That included both his past, and present unlawful actions.

    7) Aaron Walker was SLAPPED in various forms.

    8) Like three other critics of Kimberlin, Walker was SWATTED.

    The “settlement offer” letter Kimberlin sent Walker made very clear Kimberlin’s sole concern was Kimberlin’s public perception. Kimberlin stated he would have no issue with Walker continuing to publish EDM. Nevertheless, the judge ruled that the lawsuit was rooted in “bitter political disputes.”

    Lawsuits involve people in “bitter financial disputes” all the time. Lawsuits involve people in “bitter personal disputes” all the time. It is the job of judges to settle such disputes. The alternative is vigilanteeism. The question in this case is whether, or not, in pursuing a dispute Kimberlin crossed the line of lawful behavior. Whether, or not, the judge wants to enter the dispute, it is simply his job.

    • That is what I thought as well. It led to my theory that this is exactly what Kimberlin wants to do in cases where HE is the one being sued.

      He throws up so many motions and in those tries to make the dispute seem so trivial that it makes the judge not want to deal with it. So he dismisses the case to get the clown out of his/her courtroom.

  7. Courts dismiss good cases all the time. Its not that this court is a progressive playground, or that Aaron is unsympathetic, its just a judgement call made by a judge who did not want the US District Court to exercise jurisdiction with regard to ordering Maryland’s judiciary and officials to enjoin TDPK under the provisions of the MD SLAAP act. Second, the judge did not see an actionable first amendment (federal) violation complaint necessary for the suit to proceed. Once a federal cause of action is dismissed, courts will usually broom the state law and/or common law claims despite jurisdiction based on diversity (plaintiff and defendant residing in separate states), if the judge feels that the US federal district court cannot grant the relief sought. Right now, there is a ruling on the field, but the challenge flag has been thrown.

  8. One of the least damaging things in the world to a civil case is to get a summary dismissal at this stage of the proceeding. It likely means that an appeals court hears the argument, and then promptly sends it back to the judge saying that the Judge must hear it because that lower Judge got the standard wrong (as it appears here) by not accepting all the plaintiff’s contentions as true (as required as part of the standard for a summary motion to dismiss).

    The weak motions filed by TDPK and JTMP and VRUS should have been laughed at by the Judge. My guess is that the appeals court will be ticked off that they are having to even LOOK at this so early, and that Judge Motz will get a not so nice appeals opinion from them saying “stop screwing around and hear the case.”

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