One of the more puzzling aspects of dealing with Brett Kimberlin is his clumsy lying. This Prevarication Du Jour dealt with one of the lies he told in a court filing which included an exhibit that proved his claim was false. It ran seven years ago today.
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The Dread Pro-Se Kimberlin has filed a motion for a preliminary injunction in the vexatious Kimberlin v. Walker, et al. lawsuit that would require Hogewash! to take down all posts mentioning him that have appeared since 7 July, 2013. Such injunctions are usually not allowed because of the First Amendment.
True to form, the motion he filed seeking the injunction is full of … is full of … of … well, let’s just say there’s a lot of misleading bullshit in it. Consider this bit of nonsense from the end of paragraph 9.
His Exhibit E is a page from this, a certified copy of the Application for Statement of Charges and the Statement of Charges in Maryland v. Brett Kimberlin. Given that a Court Clerk won’t give out copies of sealed documents (let alone certify them), you can bet that I obtained the document properly back in October, 2013. The record was only sealed about a month ago. Thus, what I have posted is a legally obtained public document which can be published. All sealing after the fact does is prevent other persons from obtaining further copies from the Court. Meanwhile, the certified record I posted is in the public domain.
The document I published was not under seal. OTOH, Kimberlin has included documents that are still under seal in one of his recent filings in the Kimberlin v. The Universe, et al. RICO Madness. Exhibits O, Q, S, T, U, V, W, and X in Plaintiff’s Response to Defendant Hoge and Walker’s Motions to Dismiss are sealed documents obtained during discovery in the Virginia Walker v. Kimberlin, et al. lawsuit. They are still under seal. If TDPK really needs them as evidence in the RICO Madness, he should have applied to the court in Virginia to have them unsealed for that purpose. Putting those exhibits in an unsealed court filing is a form of publication.
So let’s get this straight. When I publish a freely available document that is sealed months later, that’s bad. When TDPK publishes documents that he knows are sealed at the time, that’s OK.
Ain’t buyin’ it.
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Kimberlin leaked sealed documents from one case to Bill Schmalfeldt for publication at Breitbart Unmasked. He tried to get the protective order in the Frey case loosened so that he could use sealed discovery in other cases and so he could get them published online. When he tried to use some of the Frey documents in the Hoge v. Kimberlin, et al. trial, Judge Hecker told him that he wouldn’t prevent Kimberlin from using them, but that he couldn’t guarantee that Judge Hazel (the judge in the Frey) wouldn’t hold him in contempt for do so. Kimberlin chickened out.