Team Kimberlin Post of the Day

When I posted the amended complaint in Kimberlin v. Walker, et al. lawsuit, I stated that I did not intend to discuss the merits of the suit but that I would correct factual errors in the complaint.AmendedBKvAW35Where to begin?

First, statements made in an Application for Statement of Charges are privileged and cannot be used as the basis of a defamation claim.

Second, it is unusual for a State’s Attorney to expunge a case record without a request from a defendant. As of 12:30 yesterday afternoon, the record of the charges filed against Brett Kimberlin by his wife were still in the Maryland Judiciary Case Search database.4D00291890When someone petitions for an expungement in Maryland, he waives his right to sue because of the charges. I suspect that The Dread Pirate Kimberlin has not petitioned for expungement because he is attempting to use the charges as the basis for some of his claims.

Third, posting a public document online is protected First Amendment speech.

Fourth, TDPK claims to know the content of private email and phone communications that I may have had with third-parties. Neither I nor any of the persons he alleges that I may have contacted have given him or anyone else access to our emails or spoken with him or any one else about the contents of any such contacts between us. Thus, he is either making up his claim or (perhaps) he is admitting to intercepting communications in violation of Maryland’s wiretapping statute.

Finally, Kimberlin asserts that “they” (in the context of the previous paragraphs, I take that to mean Aaron Walker and me) created the charge filed against him. For the time being, I can say no more than to point out that TDPK was not present when the Application for Statement of Charges was drawn up and that he was not present when it was filed, so his assertion should be treated as speculative hearsay which is likely to be contradicted by the eyewitnesses to those events.

Fail.

AFTERWORD—You can help my codefendants and me defeat TDPK’s lawfare against the First Amendment. To find out how, go to BomberSuesBloggers.

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