Dread Pirate #BrettKimberlin’s Protection Racket

racket | noun | a loud unpleasant noise: a din.

As the mutli-motions hearing day (4 December) for the Virginia Walker v. Kimberlin, et al. case approaches, Dan Backer, Aaron Walker’s lawyer, has filed a Response to Defendant Kimberlin’s Motion for Protective Order to Stay Discovery.

Gentle Reader, please allow me to point out some of the better bon mots.

In response to TDPK’s assertion of a Fifth Amendment right not to answer discovery:

Whatever crimes Defendant Kimberlin is committing, those actions do not give him any type of blanket right to refuse to answer discovery in this case.

On TDPK’s assertion that delaying discovery won’t prejudice Mr. Walker’s case:

Defendant Kimberlin states unequivocally a stay of discovery “will not prejudice Plaintiff.” Besides providing no basis for that conclusory statement, he ignores his own actions, which have in fact prejudiced Plaintiff Walker. As stated previously, Defendant Kimberlin has willfully and purposefully violated this Court’s October 5 Order multiple times. … After attempting to “try this case on the internet,” Defendant Kimberlin now asks this Court that he not be subject to the same rules he has so blatantly flaunted. [sic]

And then there’s this:

In a final display of Defendant Kimberlin’s seemingly unshakable hubris …

<mockery>Ah, hubris … The ancient Greeks believed that Nemesis dealt with the hubris of mortals. Perhaps the law is TDPK’s nemesis.</mockery>

Tuesday is almost here. You still have time to lay in a good supply of popcorn. I hear that Amazon has some good deals, so if you buy from them, please buy via an affiliated blogger (I’m not one) who will get a commission. You’ll help that blogger and provide another reason for Team Kimberlin to fixate on the right half of the blogosphere raising money.amazon_popcorn

Stay tuned.

Tick, tock, tick, tock, ..

3 thoughts on “Dread Pirate #BrettKimberlin’s Protection Racket

  1. I can see it now…

    Kimberlin: Your Honor, the Plaintiff and his cohorts are illegally using Amazon to raise money to litigate this case…

    Judge: Now we have…wait, what?

    Kimberlin: Well, this guy…Hogewash told all his readers to go on Amazon and buy popcorn. And all the Right Wing bloggers get all the proceeds from those sales. And they’re using that money to fund this lawsuit. Your Honor.

    Judge: Son, are you under the influence of any mind altering substances right now? That would include alcohol, prescription drugs or illegal narcotics.

    Kimberlin: Your Honor, marijuana was just legalized in several states.

    Judge: Not in this one.

  2. I admit that I have very little knowledge of the discovery process, so my question may be quite ignorant, but what’s to keep TDPK from just blatantly lying and falisying documents for discovery? It’s a well known pattern for him in the past. At that point, isn’t is just his word against Walker’s?

    • You’re right. I went back and checked in response to your question. He did attempt to forge documents. And…wow, he did a whole lot of other things that would have ended him up in GITMO in this day and age.

      So…there’s nothing to stop him from forging discovery. Except, there is alot of publicly known information about him that he can’t fake. And there will be questions he will have to answer, that he won’t have a good answer for.

      And Backer is absolutely correct. The is no 5th Amendment expectation in a civil matter. I’ve actually seen this occur. One of the parties had to cut a deal because criminal activity was uncovered. They fought tooth and nail to avoid discovery, but the 5th Amendment never even came up. And these were Harvard educated lawyers.

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