On Perjury

Brett Kimberlin cannot offer testimony in a state court in Maryland because Md. Courts & Judicial Proc. § 9-104 states, “A person convicted of perjury may not testify.” This puts a real bind on his conduct of the frivolous and vexatious Kimberlin v. Walker, et al. lawsuit. One way he seems to be trying to work around that testimonial disability is by suing in federal court where he can testify. Thus, we have the Kimberlin v. The Universe, et al. RICO Madness.

The other is to attempt to tag some of the defendants in the state case with a perjury charge. I seem to be one of the targets. I supposedly lied when I testified on 9 December that I didn’t know the identity of Kimberlin Unmasked. For the record, I still don’t, but let’s do a thought experiment and pretend that I did. So what?

Perjury happens when a witness falsely asserts the truth of statements about matters which influence the outcome of the proceeding. So a false statement made about something immaterial to the matter before a court does not involve perjury. Brett Kimberlin got nailed for lying to a federal grand jury about drug dealing in connection with an investigation of drug dealing. That’s an example of a material lie. Whether or not I knew the identity of Kimberlin Unmasked was immaterial to the subject of the 9 December hearing—the extension of a peace order. That was no more material to the extension the peace order that whether or not I knew Babe Ruth’s career batting average (which I do know; it’s .342).

Even if I had lied, and I didn’t, the lack of material connection to the hearing would destroy any chance of a successful perjury charge.

However, our thought experiment is merely a hypothetical exercise. Truth is a defense to a perjury charge, and I told the truth.

I expect that Team Kimberlin will continue to waste their time and energy on such foolish endeavors, and that’s fine by me.

BTW, you can help my codefendants and me in the Kimberlin v. Walker, et al. nuisance suit defend ourselves from Brett Kimberlin’s attack on our First Amendment rights. Go to Bomber Sues Bloggers to find out how.

9 thoughts on “On Perjury

  1. Two thoughts

    The typical criminal is likely to view perjury as routine behavior and therefore be quick to accuse others of it. Of course, it helps that the typical criminal is not aware of the legal definition of the term.

    Acme Law seems not to understand the difference between perjury and evidence that a witness’s testimony is not credible. Assuming it ever goes this far (about as probable as that I shall be drafted to join a Super Bowl team), exploring the plaintiff’s credibility on the stand should be a hoot.

    I am going to hit your tip jar, not the blogger’s defense fund, because you have my full respect and sympathy, but not all of your co-defendants do. I admire your sense and restraint (and the fact that you know Greek, which I never learned).

  2. Well someone has announced his intention of violating the mediated agreement in less than 24 hrs – now he is going back to pretending like he did with Stranahan to be demanding answers as a journalist!
    Per Bill today – showing the charges being dropped emails then said this:

    “…… I intend to continue to follow the Kimberlin lawsuits ……… I extend the same invitation I gave to Mr. Hoge yesterday for the other parties to respond when and if I contact them, in accordance with the Code of Ethics of the Society of Professional Journalists, in an attempt to get their sides of the story. ……”

    • This from the guy who admitted that his blog and tweets are not journalism. This from the guy when, in fear of being prosecuted, stated several times that he was withdrawing from this entire matter. Hint: real journalists do not harass people who do not want to talk to them. They respect a “no comment.”

      And things are unfolding as some have foreseen….

      • He’s a deranged, disturbed freak. He not entitled to answers to assuage his curiosity or answers to his attacks. He should be shunned as a non entity who should never hear another response from anyone except silence, unless it is in a court of law for behaving in criminal fashion again.

      • He hasn’t started harassing again… YET. I am surprised he announced his intention to go back to his old ways — I figured it would just come out of the blue.

    • And apparently he is upset with the comment I left at his sewer. I guess him beating the Kimberlin is always right and everyone else is lying drum for so long has blinded him to facts. He takes exception to my request that he address the Twitchy summons forgery. He says I’m just taking Mr. Hoges word for it. First off I’ve not know Mr. Hoge to lie about anything. Everything he has said on this blog has checked out. Second, he posted a copy of what was filed with the court. Bill could get his hands on that from Pacer if he wanted to “do his job”. But instead he just does the same old Kimby shuffle. He won’t check it out because he is afraid of what he will find. He knows he won’t be able to whitewash it away.

      • As a young boy, I learned a lesson from working with pigs. Never try to accommodate the pig……it just annoys him and all he will do is shit all over everything anyway. Likewise with Cabin Boy.

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