One of the purposes of Team Kimberlin’s campaign of pro se lawfare clearly was to use discovery in civil suits to try to dig up dirt on their enemies. Brett Kimberlin handed off sealed discovery from the Virginia Walker v. Kimberlin, et al. case to associates who published it at Breitbart Unmasked. He leaked some of the sealed discovery from the RICO Remnant LOLsuit in filings in the Maryland Hoge v. Walker, et al. case, but he was unable to get Judge Hazel to lift the protective order in the federal case. The TKPOTD for five years ago today dealt with Kimberlin’s failure to get the Fourth Circuit Court of Appeals to relax the RICO Remnant protective order.
* * * * *
I’m not making this up, you know.
After spending years trying to use the courts to suppress the First Amendment rights of people who have written truthful things about him, Brett Kimberlin included this sentence in his failed motion to unseal his informal opening brief in his appeal of the Kimberlin v. Frey RICO Remnant LOLsuit—
Appellant has a right under the First Amendment to appeal in public.
No. He doesn’t. His right to a public trial and, by extension, a public appeal is not secured under the First Amendment. IANAL, but the last time I checked the Bill of Rights, due process rights are secured by the Fifth Amendment.
Patrick Frey’s due process rights are also protected by the Fifth Amendment. His lawyers were able to convince a federal judge that certain information given to The Dread Pro-Se Kimberlin during discovery in the RICO Remnant LOLsuit should have been sealed in order to protect Frey’s rights (and possibly the rights of third parties). TDPK repeatedly asked the District Court to unseal that information, and he was never able to provide a reason why Patterico’s rights should not have been protected.
TDPK’s motion to unseal is timestamped as being received by the Fourth Circuit Court of Appeals at 10:06 Monday morning. The order denying his motion was docketed at 12:01:59 Tuesday afternoon. It didn’t take the court long to see through his frivolous argument.
Everything is proceeding as I have foreseen.
* * * * *
Kimberlin’s whole lawfare schtick came about as an attempt to shutdown a left-wing blogger who thought that having Kimberlin and his not-for-profits associated with Progressives was bad for that side’s brand identify.
Taking on the blogosphere was biting off more than he could chew.