Team Kimberlin Post of the Day


Seven years ago, at least four bloggers who had written about Brett Kimberlin had been SWATted. They were Mike Stack, Patrick Frey (Patterico), Erick Erickson, and Aaron Walker. All of them, except Mike Stack, wound up as my codefendants in at least one of The Dread Deadbeat Pro-Se Kimberlin’s defamation LOLsuits. At the time, Erick Erickson was a contributor at CNN, so his SWATting got national coverage and prompted congressional interest in the crimes. Senator Saxby Chambliss (R-GA) took particular interest.

When Breitbart Unmasked tried to spin the story, I ran a post seven years ago today titled Brazen or Delusional? I Report. You Decide.

* * * * *

Brietbart Unmasked (no, I won’t link to them), a web site believed to be affiliated with Brett Kimberlin, has posted it’s take on Senator Chambliss’ call for an investigation of the Swatting of conservative bloggers. In what appears to be either a brazen attempt to appear confident or a delusional disregard of reality, they say this:

Red State blogger and CNN contributor, Erick Erickson posted on his website that he and his family were victims of an attempted SWaT-ting. Another conservative blogger who said he was SWaT-ed was James [sic] Frey a blogger at the site Patterico’s Pontifications.

BU welcomes this investigation which will finally prove once and for all what liars these right wingers have been. The hope is that Eric Holder will find out that its all been a bunch of right wing bullshit aimed at destabilizing liberals, and that those responsible for spreading these malicious lies and falsehoods such as John [sic] “Patterico” Frey and others will finally pay the price for it. This field of nightmares has got to end badly for those responsible for spreading the hate as a revenge tactic by Aaron Justin Walker, Patterico, and others in the Breitbart orbit who have been guilty of spreading these seemingly never ending series of lies. I would recommend that they start with Patterico and then move on over to Robert Stacy McCain who has claimed he had to go into hiding over it; which one wonders if he is hiding because his handlers at the Bureau forced him to relocate due to some ongoing right wing hate investigation in which he is informing for them, or if he just left town so he could milk all the suckers out of their money to live rent free. Either way it is about time that someone seriously looked into these bullshit lies the right wing breitbots have been spreading around.

Uh, huh.

* * * * *

Looking back over the past seven years, I’d answer the brazen v. delusion question by invoking the Power of AND.

I’m reasonably certain that Brett Kimberlin himself wrote that BU post just a few days after the unconstitutional gag order he had won against Aaron Walker was overturned. Aaron had been SWATted within hours of Kimberlin’s loss in court. And I find the bit about Stacy McCain’s imaginary FBI handlers especially ridiculous, bordering on hallucinatory.

Yet, in one sense Kimberlin got his wish about someone seriously looking to the bullshit lies surrounding his activities. He should have been more careful in what he wished for.

Archangel: A Novel of Alternate, Recent History


archangelOn September 11, 2001, a businessman faced a grim choice. Perched on the ninety-third floor of the North Tower of the World Trade Center, he had to choose between dying in the fire rising around him, or jumping. He chose to jump. In our world he died, one of around three thousand to die that day. In Archangel he lives, and the fireman who saves him is the central character of this book by Aaron Worthing. Yes, that Aaron Worthing.

6inKindleClick here to buy the Kindle edition from Amazon.

Don’t have a Kindle? Click here to buy one from Amazon.

UPDATE—Purchase link repaired.

What I Saw in February, Part 2


I finally got around to reading everything on Sore Loserman Bill’s latest rabid response website (No, I won’t link to it.), and I found this scan of a page from Lee Stranahan’s Application for Statement of Charges which Schmalfeldt thinks is “evidence” of Aaron Walker’s practicing law in Maryland.Screen-Shot-2013-06-27-at-7.47.25-PM

He makes a big deal of “handwriting analysis.” Gentle Reader, let me analyze it for you based on my eyewitness recollection of what happened at the District Court Commissioner’s office.

First, the writing in the green box is the handwriting I saw on the Application when it was shown to me earlier in the evening. This is clearly what was written in Texas. It is very definitely not Aaron Walker’s handwriting; it is legible.

Second, IIRC, the writing in the upper red box is that of the Commissioner. The Commissioner added the address of the appropriate court when she accepted the forms.

Third, IIRC, the writing in the lower red box belongs to Lee Stranahan. He added it to provide clarification of points raised by the Commissioner.

Of course, I am willing to testify to my recollections under oath.

UPDATE—The Sore Loserman tweeteth:

Bill Schmalfeldt At the moment, all Mr. Hoge is doing is throwing more gasoline on the fire. The threats and intimidation will not play well.
6:52 PM – 29 Jun 13

Let me get this straight. It somehow threatens or intimidates Bill Schmalfeldt for me to be willing to testify under oath concerning what I saw. I understand that it undermines his cause to have an eyewitness to an event he wishes to speculate about come forward with testimony, but how does that threaten him? What about the truth intimidates him?

UPDATE 2—”P. Diddy” (byebyebastards@fu.net, 198.245.61.101) has attempted to make a thuggish comment reminiscent of the writings of a harasser of the Stranahan family. I hope he didn’t wake his wife when he sent the comment at 2:25 am, Sunday morning.

#BillSchmalfeldt is a Liar


Cabin Boy Bill has posted what appears to be the text of an email to the Howard County State’s Attorney’s Office about Aaron Walker. In describing Aaron Walker’s presence at the three recent hearing in the two Hoge v. Schmalfeldt peace order cases, Schmalfeldt writes:

Walker sat right at Hoge’s side through all of this.

That is not true. At both of the District Court hearings (28 February and 29 March), I represented myself. I was alone at the Petitioner’s table in the courtroom. Mr. Walker was sitting in the public gallery. He was there for two purposes. First, although it turned out that his testimony was not necessary, he was a potential witness. Second, he was there in order to be able to blog  about what he saw. The Gentle Reader will notice that from the time I filed a complaint against Bill Schmalfeldt until I won the case in Circuit Court, I refrained from making any substantive comment about matters concerning the two of us that were before the courts. Just as I had written about Aaron’s cases last year, he has written about mine this year.

Aaron Walker was also present during the Hoge v. Schmalfeldt appeal in Circuit Court this month. He was there for the same two reasons. I was ably represent by Zoa Barnes at that hearing, and I sat with her at the Petitioner’s table. Aaron sat near the back of the courtroom on the opposite side from where Brett Kimberlin sat.

In one sense, my friend Aaron Walker has been at my side through all this nonsense with Bill Schmalfeldt. More important, he’s had my back. And so have a lot of other people—if I tried to name them all, I’d probably screw up and forget some of them, but they know who they are. I want to thank all of them.

Schmalfeldt is not only a liar, he’s a loser. The Circuit Court reversed the findings of the District Court in the first Hoge v. Schmalfeldt peace order case. In throwing out Schmalfeldt’s Motion of Dismiss, it effectively ruled that the District Court erred in it’s dismissal of the second peace order case. (I didn’t appeal that case because I felt certain of winning the appeal of the first. Why go to the expense of a redundant peace order appeal?) The Circuit Court found that Schmalfeldt did, in fact, engage in the harassment underlying the peace order petition. The related criminal charges were nolle prossed by the State’s Attorney’s Office. Nolle prosequi is not an adjudication on the merits of the prosecution or on the guilt or innocence of the accused. It isn’t a guarantee that the defendant will not be later recharged. Indeed, prosecutors use nolle prosequi instead of outright dismissals so that a defendant may be recharged without running afoul of a double jeopardy claim. Schmalfeldt has never been found not guilty; he has only temporarily beaten the rap. Now that a higher court has found that Schmalfeldt engaged in harassment, the State’s Attorney could recharge him with a reasonable expectation of getting a conviction in the District Court.

Bill Schmalfeldt is huffing and puffing about legal action again. Before he brings a lawsuit against anyone, he should consider that a plaintiff who does not cooperate with the discovery process can expect to have his case dismissed with prejudice.

He can huff and puff all he pleases. If he’ll look at the pictures of my house he downloaded, he’ll see that I’m the one who lives in a house made of bricks.

UPDATE—Any decision to recharge Bill Schmalfeldt is a matter for the Carroll County State’s Attorney’s Office. Their decision to nolle pros the cases was based on the failure of the related peace order petitions in the District Court where the same judges would try the criminal cases. I was told that a successful appeal might lead them to reevaluate the cases.

My appeal was successful. The State’s Attorney’s Office has the option of refiling some or all of the charges.

I am gratified to know that the Cabin Boy intends to share this post with the Howard County State’s Attorney’s Office, but I don’t understand why. This post documents one of the falsehoods that he uses to try to establish that Aaron Walker has practiced law in Maryland. That may tend to diminish his credibility with the State’s Attorney’s Office. Moreover, it’s one thing to have a hazy recollection of a past event, but it’s quite another to get a whole story substantially wrong. There’s enough provably false material in his email that the Cabin Boy may have bought himself some trouble. See Md. CRIMINAL LAW Code Ann. § 9-503. The idea that Aaron Walker was practicing law in Maryland in the Kimberlin v. Allen case was also part of a accusation Brett Kimberlin made in a bar complaint in Virginia last year. I’ll bet that the Virginia State Bar will be willing to share their findings with their Maryland colleagues. They found the complaint to be baseless.

I’ll also point out that a Circuit Court has found that he has engaged in harassment. If memory serves, the Howard County charges against Schmalfeldt were nolle prossed as well. Is he trying to get the Howard County State’s Attorney to reexamine the complaints by Lee Stranahan and Aaron Walker in light of the Carroll County finding?

As to a malicious prosecution lawsuit such as the Cabin Boy has mentioned, one of the elements he would have to prove is a lack of probable cause in the criminal cases. The Circuit Court’s finding that he engaged in harassment would support that I had probable cause to believe that he was engaged in harassing me by various means. Wouldn’t that gut any potential case?

A Day at the Range


It’s been a busy week, so it was great to go do something relaxing today. Our family took the Walkers, who have been our house guests for the past few days, shooting at a favorite indoor range.

Aaron has been a long time defender of the Second Amendment but has only recently become an ardent practitioner. Mrs. Walker has taken up shooting even more recently. I spent the afternoon coaching her. Most of her practice was done at fairly close range with a .380 ACP pistol similar to one she has. However, after her confidence improved, she tried my .45, and she did quite well for a beginner. The target on the left was shot at 25 yards.Day_at_the_Range20130302.001

Dread Pirate #BrettKimberlin’s Unsuccessful Success


Let me provide some background for those Gentle Readers who have not been following the Saga of The Dread Pirate Kimberlin for as many months as I have. The current series of episodes began with a lawsuit TDPK filed against a blogger named Seth Allen. I won’t go through all the details, but because of a series of technical mistakes Mr. Allen made, TDPK Kimberlin secured a default judgment against him. TDPK sought an injunction against Mr. Allen requiring him to stop blogging about TDPK and a total of $2,250,000 in monetary damages. At the damages hearing in November, 2011, the judge issued an injunction requiring that Mr. Allen not defame TDPK but that allowed him to continue with non-defamatory blogging. He also awarded $100 in “nominal damages.”

Almost immediately, TDPK accused Seth Allen of violating the court order and moved that he be held in contempt. He also filed a motion to compel third parties to identify “Aaron Worthing,” a lawyer/blogger who had provided assistance to Mr. Allen. The interaction between TDPK and Aaron Walker (Worthing) at a January, 2012, hearing on the contempt motion is what has spun up into the Virginia and federal Walker v. Kimberlin, et al. civil suits.

The other result of the January hearing was that the judge ruled that Mr. Allen was not in contempt of the court order as a result of his further blogging. Of course, TDPK appealed with the following result:

<mockery>That’s a lot of effort for a $100 judgment and a lot of follow-on consequences for attempting lawfare against a lawyer.</mockery>

I expect to see a similar level of legal performance from Brett Kimberlin as a pro se defendant. He has bitten off more than he can possibly chew.

Gentle Reader, let that be a lesson to you. Enjoy the popcorn, but take it slowly.

And stay tuned.

Relationships


On Halloween, Breitbart Unmasked rose up zombie-like and sent me a series of tweets. Their contents were utter rubbish, but because of some assertion made in them, I’d like to specifically describe my relationships with some of the good guys involved in the Walker v. Kimberlin, et al. lawsuits.

Aaron Walker. I have no business relationship with Aaron Walker. I first met him when I attended the 5 July Kimberlin v. Walker peace order trial. We have since become friends.

Dan Backer. I met Mr. Backer when I attended the 5 October hearing in Manassas. That was the hearing at which TDPK unsuccessfully sought sanctions against Mr. Backer. Other than finding out that he reads this blog and enjoys the astronomy pictures I sometimes post, the only relationship I have with Mr. Backer is that he is an occasional source of information about the lawsuits. He is a stickler for following the court’s instructions and the Virginia Supreme Court Rules, so I receive little information from him other than confirmation that documents have been filed. I have to retrieve them for myself.

Bloggers Defense Team. My only relationship to the Bloggers Defense Team is as a contributor who encourages others to contribute. I just donated again this morning. If you would like to support their work defending our First Amendment rights, go here and hit the Donate button.

I’d also like to tell you how much money I make off this blog. None. There are no ads or donation/subscription buttons. I’m not selling anything. This blog is probably best described as a hobby.

Thanks for stopping by.

UPDATE–Thank you to commenter Pablo for alerting me to the fact that WordPress.com has been inserting ads on this site. They were not showing in my browser. This is supposed to be a no-ads site. I pay an extra fee for that.

Dread Pirate #BrettKimberlin Reads My Blog


Anyone can open an account at Pacer and download federal court documents for 10 cents per page. Anyone can walk into Room 314 at the Prince William County Courthouse in Manassas, Virginia, and print copies of court documents for 50 cents per page. I’ve done both. That sort of shoe leather reporting is how I’ve come by the court filings I’ve posted recently in the Walker v. Kimberlin, et al. federal and Virginia civil suits.

Here’s the latest. It’s a Motion to Order Plaintiff to Cease and Desist and for Sanctions Against Plaintiff’s Counsel filed by Brett Kimberlin in the Virginia case. I would normally wait for Aaron Walker’s lawyer to file his response and let that answer Mr. Kimberlin’s claims. However, since Mr. Kimberlin cites my writing on this blog, I will respond as a point of personal privilege. But first, here’s the filing.

My comments are keyed to Mr. Kimberlin’s number paragraphs. Since I’ll only respond to a few, most are skipped.

2. In this paragraph and in his introductory remarks at the beginning of the motion, Brett Kimberlin asserts that all of his emails with Mr. Walker’s lawyer have appeared in one way or another on the Internet and that that is somehow illegal. As evidence, he attaches Exhibit B which is a partial copy of this Hogewash! blog entry. Sure enough, there are copies of his email communication back and forth with Dan Backer on a matter related to the Virginia case. I can’t say that whether or not these are all the email traffic between them. These emails were included as an exhibit in a court filing and, as such, are a part of the public record. The. public. record. Publishing documents that are a part of the public record is not illegal. TDPK and his crew do it all the time.

3. The only posts I have made with respect to Mr. Kimberlin’s invoking his Fifth Amendment right to remain silent simply wonder why he would need to unless he has a reasonable apprehension of criminal liability.

15. By incorporating by reference my blog post as an example of the “improper and unethical” behavior he complains of, Brett Kimberlin essentially accuses me of participating in it. Here is how you will know that his claim is false. If he were to repeat it any place other than a court document, he would be opening himself up to a claim by me of defamation. See if he repeats it elsewhere.

One more thing … At the end of his motion, Mr. Kimberlin asks that Prince William County Circuit Court order that a federal trial be transferred to its jurisdiction. Sigh. IANAL, but it seems that Article VI, Clause 2 (the Supremacy Clause) and Amendment XIV, Section 1, Clause 2 (the Privileges and Immunities Clause) would keep that from happening even if the Circuit Court were disposed to try it.

Meanwhile, 5 October is almost here. We’ll see who gets sanctioned.

Tick, tick, tick, tick, …

UPDATE—Brett Kimberlin’s assertion that it is unethical for a lawyer to publicly discuss civil litigation in Virginia has no basis. Indeed, Rule 3.6 of the Virginia bar prohibits such extrajudicial discussions in a criminal matter that can be tried by a jury, but does not apply to a civil suit.

Rule 3.6

Trial Publicity

(a) A lawyer participating in or associated with the investigation or the prosecution or the defense of a criminal matter that may be tried by a jury shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication that the lawyer knows, or should know, will have a substantial likelihood of interfering with the fairness of the trial by a jury.

(b) A lawyer shall exercise reasonable care to prevent employees and associates from making an extrajudicial statement that the lawyer would be prohibited from making under this Rule.

However, I have never received any information that was not a matter of public record from any lawyer representing Aaron Walker in any matter discussed in this blog.

UPDATE 2—I did not deal with all of the claims in the motion above that seem disconnected from reality. I’ll leave that to opposing counsel. Given that a hearing is scheduled on the motion on 5 October, the same day Mr. Kmberlin’s responses to discovery are due, I’d guess that there will be a response filed soon.

Theme graphic added.

Dread Pirate #BrettKimberlin’s Terrible, Horrible, No Good, Very Bad Week


Monday—
Dread Pirate #BrettKimberlin and the Fifth Amendment

Tuesday—
Dread Pirate #BrettKimberlin Pwned by the Rules of Civil Procedure

Wednesday—
Dread Pirate #BrettKimberlin: Unconnected Dots and Loose Ends

Thursday—
Dread Pirate #BrettKimberlin: Following the Money

Friday—
Dread Pirate #BrettKimberlin’s Basement Tapes
BREAKING: BreitbartUnmasked.com Closes Down #BrettKimberlin
Dread Pirate #BrettKimberlin’s Web Presence Shrinks

Saturday—Here are the Exhibits for Aaron Walker’s Amended Complaint in the federal Walker v. Kimberlin, et al. civil suit.

I’ll have a comment on at least one interesting tidbit contained in these exhibits in a later post. Meanwhile, justice comes closer each day.

Tick, tick, tick, tick, …

BREAKING: New Defendants in the Walker v. #BrettKimberlin Federal Lawsuit


The list of defendants is now Brett Kimberlin, Justice Through Music Project, Velvet Revolution US, and John Doe 1 Proprietor of BrietbartUnmasked.com.

Developing. More later.

UPDATE—This federal lawsuit should not be confused with Walker v. Kimberlin, et al. which is a state lawsuit in Virginia. That suit includes Neal Rauhauser and Ron Brynaert as defendants.

Dread Pirate #BrettKimberlin Pwned by the Rules of Civil Procedure


Dread Pirate Kimberlin is proceeding pro se (that’s legal Latin meaning for oneself, i.e., without a lawyer) in the Virginia Walker v. Kimberlin, et al. lawsuit. One wonders whether this is because he has delusions of adequacy when it comes to his legal prowess or whether he simply can’t find a lawyer willing to go along with his shenanigans.

Whatever.

One result of his pro se defense is that he has been pwned by the Rules of Civil Procedure. (H/T to commenter egd for that line.) Last Friday, two motions were heard in the Circuit Court in Prince William County (VA). The first was Mr. Kimberlin’s Motion for Continuance that we examined a few days ago. Denied! The second was Mr. Walker’s Motion to Compel Discovery which was, of course, granted.

After over a day of silence, @BreitbartUnmask, a Twitter account that I suspect is either run by or under the control of Brett Kimberlin, posted this:

Note: The redaction is to remove language I find inappropriate for Hogewash!

So Mr. Kimberlin wasn’t told to be quiet; he was ordered to start talking. I haven’t seen a copy of the order yet, but if the judge was generous and allowed him the normal 21-day response time again, Brett Kimberlin now owes answers by 5 October. Under oath.

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin and the Fifth Amendment


Dread Pirate Kimberlin has been claiming that the Fifth Amendment grants him absolute immunity from discovery in the Virginia Walker v. Kimberlin, et al. lawsuit. IANAL, but folks who are tell me that he’s wrong, at least about absolute immunity.

While poking through some Mr. Kimberlin’s other court filings, I found something that tends to indicate that he doesn’t believe that the Fifth Amendment should apply to his opponents in court.

Back in April, there was a trial in Montgomery County (MD) Circuit Court on one of the Kimberlin v. Walker Peace Orders. Brett Kimberlin put on such a poor case that Aaron Walker’s lawyer rested the defense without presenting any evidence. Then the judge ruled in Mr. Walker’s favor.

Mr. Kimberlin has appealed to the Maryland Court of Appeals (that’s the state’s highest court) for a writ of certiorari. Note that Mr. Kimberlin’s home address has been redacted.

One of the issues Brett Kimberlin tries to raise is that he was not allowed to question Mr. Walker during the Circuit Court trial. He asserts a theory that, since Mr. Walker was the appellant in the case, he had to present evidence. However, since the appeal was a trial de novo, the burden was on Mr. Kimberlin to prove that a peace order was warranted. Mr. Walker enjoyed a presumption of innocence.

What really happened was this: Among the mistakes he made in the trial, Mr. Kimberlin tried to introduce unauthenticated documents into evidence. The judge, following the rules of evidence, refused to allow it. When Mr. Kimberlin figured out that he could ask Mr. Walker under oath to authenticate the documents, he assumed he could do so during cross examination. When Aaron Walker did not have to put on a defense because no case had been made against him, Mr. Kimberlin’s plan was ruined. But if he had been called, Aaron Walker would have been within his rights to refuse to authenticate the documents if they were incriminating. BTW, they weren’t. (I should also note that in the 5 July trial for another Peace Order, Mr. Walker was willing to authenticate postings he had made, but the judge found that the documents didn’t support Mr. KImberlin’s claims in that case.)

The court’s upholding Mr. Walker’s due process rights is not the same thing as denying Mr. Kimberlin’s rights.

IANAPsychologist, but given what seems to be Mr. Kimberlin’s failure to conform to social norms, his repeated lying, his irritability and aggressiveness, his consistent irresponsibility in his failure to recognize his financial responsibility to Mrs. DeLong, and his lack of remorse, … oh, never mind. I believe he’s a menace and that the sooner he’s brought to justice, the better.

Meanwhile, we’ll soon see if Mr. Kimberlin feels that he needs to exercise his Fifth Amendment right to avoid self-incrimination in order to keep from committing perjury during the upcoming discovery in the Virginia case of Walker v. Kimberlin, et al., and we’ll see if the Maryland Court of Appeals grants him a writ of certiorari.

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin Post of the Day


In earlier episodes in the continuing saga of Dread Pirate Kimberlin we looked at the filings relating to Friday’s hearing on Aaron Walker’s Motion to Compel Discovery in Walker v. Kimberlin, et. al. Yesterday, we examined his attempt intervene in a hearing related to the other defendants in the case.

Those who have been following the exciting narrative will recall that Mr. Kimberlin has said that he didn’t intend to cooperate with discovery in the case. While I don’t have a copy of the court’s order in hand, I have reason to believe that the result of Friday’s hearing was an order to compel discovery.

Today, let’s rewind the tape and take a look at how Mr. Kimberlin has trouble keeping his stories straight.

In his response to Aaron Walker’s Complaint, Brett Kimberlin disavowed any conspiratorial connection with the other defendants in the suit. Yet, in the email shown in Exhibit J of the Walker Motion to Compel, Mr. Kimberlin writes:

You have filed for default against people … who have no assets whatsoever. Ok let’s take this to the next step. You get default, the what? Get a hearing for damages? Go after their assets? They have none.

How does he know that? Is he making an educated guess based, for example, on how (it is alleged) Neal Rauhauser’s ex-wife has been unable to collect child support? Or does he have a better informed knowledge because, for example, Messrs. Brynaert and Rauhauser are on his payroll? Inquiring minds want to know. And the truth will eventually come out about how tightly the three defendants in this case have been working together. Indeed, the first two questions in the Walker Interrogatories are

IANAL, but I suspect that the answers to these and other interesting questions will be available within a few weeks … or it will be time for some rather severe sanctions.

On Monday, we’ll consider Mr. Kimberlin’s pleadings concerning of a portion of the Bill of Rights. Until then …

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin Post of the Day


In the previous episodes in the continuing saga of Dread Pirate Kimberlin we looked at the filings relating to yesterday’s hearing on Aaron Walker’s Motion to Compel Discovery in Walker v. Kimberlin, et. al. Those who have been following the exciting narrative will recall that Mr. Kimberlin has said that he didn’t intend to cooperate with discovery in the case.

Yesterday, the court ruled on Mr. Walker’s Motion to Compel Discovery. I wasn’t in court, and Mr. Walker’s lawyer has asked him not to comment, so I can’t be certain what happened. OTOH, Mr. Walker was in a good mood yesterday, and @BrietbartUnmask wasn’t touting a victory. I’ll have to wait until I’ve got my hands on the ruling to say for sure, but I’ll bet that the court ruled in Mr. Walker’s favor and ordered Kimberlin to answer the interrogatories, provide the documents, and admit or deny the admissions submitted.

We’ll see.

Mr. Kimberlin has not been doing very well for himself in this case thus far. Today, we’ll look at how he tried to intervene in the default hearing for Ron Brynaert and Neal Rauhauser. The first document to examine is Brett Kimberlin’s Motion in Opposition to Plaintiff’s Motion for Default. Note that Mr. Kimberlin’s home address has been redacted. Here it is:

And here are the Exhibits:

Where to begin? Actually, Dan Backer, Aaron Walker’s lawyer, does an excellent job of shredding Mr. Kimberlin’s motion. Here’s Mr. Backer’s filing (Motion to Strike Defendant Kimberlin’s Motion in Opposition In Toto and Order His Testimony):

Note the points that Mr. Backer makes in paragraphs 1 and 2. Even if Kimberlin had the authority to file on the behalf of the other defendants, he did not file in a timely manner. In the next paragraph he asks the court not to allow Mr. Kimberlin to use his pro se status to get around the Rules of the court.

In paragraph 4 Mr. Backer observes that in both of the filings Mr. Kimberlin had made with the court at that point “neither has cited a single authority for the legal propositions contained therein.” Well, yes, that is a common failing of many of Brett Kimberlin’s court filings.

In the next few paragraphs Mr. Kimberlin’s lack of standing to file is noted along with the conflict of interest that would arise if he were to act as an agent for the other defendants.

One of Mr. Kimberlin’s claims (which Mr. Backer did not specifially deal with) is that the court has no jurisdiction over the torts committed in other states. IANAL, and neither is Brett Kimberlin, but he might find reading up on the topic of Choice of Law useful.

On the day of the default hearing, Brett Kimberlin filed a Reply to Plaintiff’s Motion to Strike. Here it is:

A good deal of the motion is recycled rant. However, he does get into one interesting question about Service of Process. He claims that since Aaron Walker did not avail himself of opportunities to personally serve Neal Rauhauser and Ron Brynaert, they weren’t properly served. There were some questions about the addresses used on the first service to Messrs. Rauhauser and Brynaert, so the judge ordered that they be served a second time. That restarted the 21-day clock for their responses, and, if they don’t respond in a timely manner, they will have opened themselves up for a default judgment again.

Thus far, I’ve only dealt with the procedural side of the case, and remember IANAL so my opinions aren’t gospel. However, I noticed some interesting things that Mr. Kimberlin has let slip in his filings. I’ll discuss one or two them in tomorrow’s post.

Meanwhile, comments are open but moderated.

Oh, and one more thing—

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin Post of the Day


Dread Pirate Kimberlin has been engaging in lawfare by bringing frivolous legal action against people who have the effrontery to write the truth about him and his background. Fortunately, no one seems disposed to surrender, and some folks are pushing back. Of course, Brett Kimberlin views being on the receiving end of a lawsuit as unfair. He reminds me of a bully who whines when he gets hit back.

The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Mr. Kimberlin has made it clear that he does not intend to cooperate with discovery in these cases. On Tuesday, I posted the Motion to Compel Discovery filed by Mr. Walker’s lawyer Dan Backer in the Virginia case. It referred to several exhibits. On Wednesday, we looked at Exhibits A through D. Exhibit E, which we skipped over, consists of Certified Mail Receipts. Yesterday, we looked at Exhibits F through K.

Today, we’ll examine Mr. Kimberlin’s Motion for Continuance of Plantiff’s Motion to Compel Discovery. IANAL, but I want to make a few comments on the motion. My numbers below track with the numbered paragraphs in the motion.

1. “Defendant will be out of state on September 14, 2012 for a previously scheduled meeting and so will not be available for the hearing.” So what? It has been my experience that, except in cases involving hospitalization, incarceration, appearance before another court, or other government business, most courts expect one to reschedule other activities and to show up as called.

2. The hearing on 14 September (that’s today) is the opportunity to “vigorously oppose” the Plaintiff’s motion.

3. “… working with law enforcement …” If a legitimate law enforcement agency were to want the hearing delayed because of possible impact on an ongoing investigation, that agency would contact the court. [Cue the crickets.]

4. “.. virtually all the discovery requests demand some admission of criminal liability.” This would only be correct if truthful answers to the questions would be incriminating. Well? Is this a tacit admission of wrongdoing?

5. One of the complaints filed in Maryland relates to apparent discrepancies between Mr. Kimberlin’s sworn statements and video evidence of the event in question. More info here and here.

6. Whether or not someone believes Mr. Kimberlin should be back in prison has no bearing on whether or not Mr. Kimberlin engaged in any of the tortious acts alleged.

7. Once again, IANAL, but Mr. Kimberlin’s assertion of absolute immunity from discovery under the Fifth Amendment is not in line with what lawyers have told me. They tell me that in order to invoke the Fifth Amendment in a civil case a witness must have “reasonable cause to apprehend danger” of criminal liability. An assertion of absolute immunity would seem to be an admission that truthful answers to almost every question would tend to expose illegal activity by Mr. Kimberlin.

8. If Mr. Kimberlin wants to file motions that he thinks will stop discovery, he should file them in a timely manner. If he needs a bit more time because he is proceeding pro se (that’s legal Latin for on his own, i.e., without a lawyer), fine. But three more months?

Brett Kimberlin seems to be trying to delay justice. That doesn’t surprise some folks—given, for instance, his history of failure to pay the DeLong judgment.

We’ll see how the hearing goes in Virginia today.

Meanwhile, this post and the others over the past few days contain several interesting bits of information that I haven’t discussed yet. If you’ve noticed something, feel free to discuss it among yourselves. Comments are open but moderated.

I will be posting more documents related to the case tomorrow. Stay tuned.

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin Post of the Day


Brett Kimberlin (aka Dread Pirate Kimberlin) has been engaging in lawfare by bringing frivolous legal action against people who have the effrontery to write the truth about him and his background. Fortunately, some of the folks Mr. Kimberlin has gone after are pushing back. Of course, he views this as unfair. He reminds me of a bully who whines when he gets hit back.

The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Mr. Kimberlin has made it clear that he does not intend to cooperate with discovery in these cases. On Tuesday, I posted the Motion to Compel Discovery filed by Mr. Walker’s lawyer Dan Backer in the Virginia case. It referred to several exhibits. Yesterday, we looked at Exhibits A through D. Exhibit E consists of Certified Mail Receipts. Let’s skip that and go to Exhibits F through K.

Exhibits F through J are emails recording an exchange between Dan Backer and Brett Kimberlin over whether or not Mr. Kimberlin will meet his obligations in the discovery process. Note that the top part of each Exhibit is a new email and that all or part of a previous email may be seen at the bottom. Note also that I have redacted Mr. Kimberlin’s email address.

In Exhibit F Brett Kimberlin informs Dan Backer that he will not reply to the discovery in a timely manner.

In Exhibit G Mr. Backer reminds Mr. Kimberlin of the upcoming due date and offers extra time if needed.

In Exhibit H Brett Kimberlin replies that he views the case as frivolous and suggests that Dan Backer “review the rules on sanctions prior to proceeding with this case.”

In Exhibit I Mr. Blocker offers to work with Brett Kimberlin on a joint motion to ask the court to resolve their impasse.

In Exhibit J Mr. Kimberlin claims that his 15 December date to file a Motion for Sanctions, a Motion to Dismiss, and a Motion for Protective Order Is justified because he is “cooperating with the FBI and other law enforcement agencies on several issues involving your client.” He asserts that no judge is going to force him to participate in discovery. He wraps everything in his claim that he is being harassed.

Exhibit K is a copy of a post by Patrick Frey (of Patterico’s Pontifications) concerning an email he says he received from Brett Kimberlin. If properly authenticated, it would tend to demonstrate a pattern of behavior on Mr. Kimberlin’s part regarding claims of harassment and defamation and also of threats to use the courts as a blunt instrument through lawsuits against those who publish information about him.

Of course, Aaron Walker and his lawyers have called Brett Kimberlin’s bluff and have filed a Motion to Compel Discovery. There will be a hearing on that motion tomorrow, and tomorrow I’ll post information related on how Mr. Kimberlin has tried get that hearing delayed.

Stay tuned.

Tick, tick, tick, tick, …

#BrettKimberlin Post of the Day


Brett Kimberlin has been engaging in lawfare against people who have the effrontery to write the truth about him and his background. He views this as harassment Fortunately, some of the folks Mr. Kimberlin has gone after are pushing back. Of course, he views this as unfair. He reminds me of a bully who whines when he gets hit back.

The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Mr. Kimberlin has made it clear that he does not intend to cooperate with discovery in these cases. Yesterday, I posted the Motion to Compel Discovery filed by Mr. Walker’s lawyer Dan Backer in the Virginia case. It referred to several Exhibits. Today, we’ll look at Exhibits A through D.

Exhibit A is a courtesy email sent by Mr. Backer to Brett Kimberlin. Mr. Kimberlin’s email address has been redacted.

Exhibit B is the Interrogatories sent to Mr. Kimberlin. This is a normal part of the discovery process in civil suit. A third party’s name has been redacted to protect her privacy.

It’s not hard to understand why Brett Kimberlin would want to avoid answering these questions (especially number 11) under oath, but unless he can come up with a valid legal argument, he must do so. He must also produce the documents requested in Exhibit C.

Finally, he must admit or deny the assertions in Exhibit D. Note that much referenced in this Exhibit are matters of public record.

There will be a hearing on the Motion to Compel Discovery on Friday, 14 September. Watch this space for more documents related to this case.

Tick, tick, tick, tick, …

UPDATE—In response to an email … The name redacted in Exhibit B is that of someone who was a minor child at the time of the events in question. This question appears to be related to information reported by Mark Singer.

#BrettKimberlin Post of the Day


Brett Kimberlin has been engaging in lawfare against people who have the effrontery to write the truth about him and his background. He views that as harassment. Fortunately, some of the folks Mr. Kimberlin has gone after are pushing back. Of course, he views this as unfair. He reminds me of the a bully who whines when he gets hit back.

The most vigorous pushback is coming from Aaron Walker who is suing Mr. Kimberlin in both Virginia and federal courts. Over the next few days, we’ll take a look at some of the court filings and other documents that relate to that case. Mr. Kimberlin has said that he doesn’t intend to cooperate with discovery in the case. Here is the Motion to Compel Discovery filed by Mr. Walker’s lawyer.

There will be a hearing in a few days on this motion.

Tick, tick, tick, tick, …

UPDATE–Those of you not familiar with Brett Kimberlin can find a short introduction here. There’s a detailed account of his interaction with Aaron Walker here.

UPDATE–Pattericolanche! Thank you, Mr. Frey, and welcome to Patterico’s Pontifications readers. There’s lots more on the Walker v. Kimberlin, et al. case. Click on the Home link in the menu bar and scroll around.

Liberal Grouch and Athlete’s Tongue


Athlete’s Tongue is a malady caused by the repeated insertion of one’s foot into one’s mouth. The Liberal Grouch seems to be in danger of a serious case. He is now attempting to threaten Patrick Frey (aka Patterico) by claiming that Mr. Frey has committed libel against the him or something like that. Aaron Walker has details here.

Mr. Walker, who is another object of the Liberal Grouch’s wrath, also offers some free advice:

In fact, I strongly suggest LG talk to a lawyer before he writes another word.  Even the title of his post in which he claimed I libeled him itself was libelous asserting that I am a “former lawyer.”  I am still a lawyer, in good standing in the only two jurisdictions I have ever been admitted to.  So that would be LG libeling me, again.

You’re a mean one, Mr. Grinch Grouch.

More Lawfare Threats From Team Kimberlin


Some bozo calling himself the Liberal Grouch appears to be a member of Brett Kimberlin’s clown posse, and he’s threatening to sue Aaron Walker for defamation. He believes that Mr. Walker defamed him because he was accurately quoted in postings tweeted by Mr. Walker.

You can find the details of the exchange in question here, including tweets/posts that the Liberal Grouch deleted (perhaps in an attempt to erase evidence?).

Team Kimberlin is saying that they will start a “legal defense fund” for the Liberal Grouch if he sues Mr. Walker. They have the right idea because he will need a defense fund when the counterclaims come back from Aaron Walker.

Oh, and if Bill Schmalfeldt (if that’s his real name) is stupid enough to sue Aaron Walker, I’ll be first in line to make a substantial contribution to the Blogger Defense Team to help defray Mr. Walker’s legal expenses.

UPDATE—@LiberalGrouch tweets that I should read his side of the story. I have. My comments above stand.

The Law’s Delay …


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UPDATE–I just got off the phone with Aaron Walker. The Walker v. Kimberlin, et al. case is being tried in Virginia, but the defendants live in other states. Service of process to out-of-state individuals can be complicated, and the judge wants all the boxes ticked off with no possible errors before entering a default judgement. Mr. Walker’s lawyers will make sure that Neal Rauhauser and Ron Brynaert are served a second time per the judge’s instructions. That will have the effect of restarting the clock for Messrs. Rauhauser and Brynaert to respond. If they still don’t respond in a timely manner, a default judgment will follow.

Today’s hearing had no effect on the case against Brett Kimberlin. There is a hearing scheduled to compel his cooperation with discovery on 14 September. He has asked for a continuance because he will be out of the state on that day. Well, duh, the court is in Virginia, and Mr. Kimberlin lives in Maryland. It will be interesting to see if the Judge buys that excuse.

Justice can’t be bought, but it still has costs associated with it. You can help Aaron Walker in his defense of our First Amendment rights by contributing to the Blogger Defense Team. Go here and click on the DONATE button.