Tag Archives: Bogus Peace Order

Team Kimberlin Post of the Day

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It’s the eleventh anniversary of the Circuit Court overturning Brett Kimberlin’s peace order against Aaron Walker, one of The Dread Deadbeat Pirate Pro-Se Kimberlin’s earlier losses in his long lawfare campaign.

The TKPOTD for seven years ago today looked at the progress of one of his failed LOLsuits.

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popcorn4bkThe Dread Pro-Se Kimberlin’s informal opening brief for his appeal of the dismissal of the Kimberlin v. McConnell, et al. LOLsuit is due at the Fourth Circuit Court of Appeals by close of business today. This LOLsuit is the one against Senators McConnell and Grassley for their failure to move the current Supreme Court nomination through the Senate. It was dismissed by the District Court for lack of standing.

Gentle Reader may remember that TDPK asked the Fourth Circuit to appoint a lawyer to write an amicus brief in support of TDPK’s case and that the Court told him that they would wait to see if his brief showed the case had any merit.

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Here’s the Vigilans Vindex cartoon from the comment section of the original post.Of course, Kimberlin didn’t have standing for file Kimberlin v. McConnell, et al., and he lost his appeal on that basis, maintaining his perfect .000 average for case he had filed since 2012. He’s kept that record intact to date.

Brett Kimberlin is still the Speedway Bomber.

Team Kimberlin Post of the Day

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One thing that has been consistent in all my reporting about Team Kimberlin has been reporting that they’ve lost whatever LOLsuit they’ve filed. Ten years ago, today the report was BREAKING: Dread Pirate #BrettKimberlin Loses on Appeal.

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About a month ago, I published a blog entry about TDPK’s appeal of one his Peace Order cases against Aaron Walker to the Maryland Court of Appeals, our state’s highest court. Today, the Court denied Brett Kimberlin’s petition for a Writ of Certiorari, effectively ending the case as a compete lose for TDPK.

It was that blog entry that TDPK included as an exhibit in his Motion to Order Plaintiff to Cease and Desist and for Sanctions Against Plaintiff’s Counsel in the Virginia Walker v. Kimberlin, et al. civil suit as a demonstration of how he was being mocked on the Internet.

I’m betting that won’t be his only loss in a court this week. The hearing on the sanctions motion against him is this Friday in Virginia.

There’re more interesting things ahead. As my fellow blogger Stacy McCain tweeted, “Mmmm. Delicious buttery popcorn!” Stay tuned.

Tick, tock, tick, tock, …

UPDATE—Added a link to the Court’s Certiorari page.

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Speaking of petitions for writs of certiorari, the betting calendar for Kimberlin’s current petition at the Supreme Court is posted in the break area.

Team Kimberlin Post of the Day

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My decade of covering the doings of Team Kimberlin began because of Brett Kimberlin’s attempts to silence bloggers who were writing truthfully about him and to punish lawyers who helped defend those bloggers. Kimberlin’s attention became particularly focused on a blogger who was a lawyer, Aaron Walker. Kimberlin sought to shut him up with a bogus peace order which required Aaron to neither speak nor write about Kimberlin. Ten years ago today, I was able to report that Justice had prevailed when an emergency appeal resulted in a partial stay of the peace order eliminating its unconstitutional gag provisions. (The entire peace order was completely thrown out during a further appeal.)

That should have been the top story of the day, but that evening, the top story became BREAKING: Aaron Walker SWATted.

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Patterico reports that Aaron Walker was SWATted at around 6 pm ET this evening.

UPDATE—Breitbart has more info here.

Walker told Breitbart News that he was home with his wife this evening at approximately 6:00pm when there was a “pretty insistent” knock at his door. Walker answered to find about six police cars in the street and two officers taking positions against the wall with M4 rifles. Since he was aware of the previous swattings of Patrick “Patterico” Frey, Erick Erickson, and Mike Stack, Mr. Walker asked the police if someone had called and claimed he had killed his wife, and police confirmed that that was the case.

UPDATE 2—Still more at The Camp of the Saints. Apparently, someone is also trying to cause trouble for one of Aaron Walker’s lawyers.

UPDATE 3—Stacy McCain says:

Memo to The Washington Post: This is now what they call “local news.” Get on it.

Don’t hold your breath, Mr. McCain.

UPDATE 4—Aaron Walker posts What Happened Tonight.

One of the officers tonight asked me why I keep talking about Brett Kimberlin if it brings on this kind of trouble. It’s because Freedom of Expression is something I don’t just believe in, but I defend. And this threat to Freedom of Expression needs to be defeated. It is that simple.

When my wife was steadier, and our bellies were full, I opened up my computer again there were 720 new contacts of some kind in my twitter. That was the level of love and support out there. I am just stubborn enough not to need anyone’s prayers or support to see this through, but it’s nice to feel the love. So many perfect strangers tell me they are praying for me—although they are becoming less like strangers every day.

Finally, if anyone from the Washington Post or any other newspaper wants to talk to me, I’ll talk. I’ll give you an earful.

So the bottom line is that thanks in significant part to the Prince William County Police, who handled this with the right sweet spot between concern that a crime might be occurring, and caution, recognizing it might be a hoax, my wife and I are safe. A little shaken up, but determined to fight on.

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What an amazing coincidence that Aaron was SWATted on the evening of the day he won that victory in court!

BTW, the judge who granted the unconstitutional restraint of Aaron’s speech was sanctioned by the Maryland Commission on Judicial Disables for his conduct in the case.

Team Kimberlin Post of the Day

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Some days are better than others, but 26 June, 2013, was a day that didn’t go well for Brett Kimberlin. The post #BrettKimberlin Strike Two dealt with on of the setbacks he faced that day.

I referred to Kimberlin as Lord Voldemort because of the unconstitutional “he-whom-must-not-be-named” gag order that was part of the peace order he had obtained against Aaron Walker.

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The Maryland Court of Special Appeals rules that Brett Kimberlin Lord Voldemort does not have standing to appeal the Circuit Court ruling that Seth Adams was not in contempt of the order the Dark Lord has against Mr. Adams. (H/T, Allergic to Bull)

First Amendment 2, Voldemort 0

Going to court with neither the facts nor the law on your side isn’t working any more, is it?

The time to face the music is coming ever nearer. Justice through blogging. And then the courts.

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Kimberlin is still mired in losing legal cases of his own making.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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Six years ago today, The Dread Deadbeat Pro-Se Kimberlin managed to get Aaron Walker arrested on a false criminal charge. He’s my report from that day.

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Stacy McCain is reporting that Aaron Walker was taken into custody following the Kimberlin v. Walkerhearing this morning.

Stay tuned.

UPDATE–The Other McCainreports:

Just spoke to a source who confirms that witnesses saw Walker led out of the courtroom in handcuffs. Ali Akbar, president of the National Bloggers Club, Tweets: Will know more on Aaron’s situation at 3:30/4:30pm.

UPDATE 2–Gateway Pundit has a copy of the final peace order posted.

UPDATE 3–Ali Akbar tweets:

#BrettKimberlin is planning on serving at least 5 of us in the coming days. So his allies say. Ready.

UPDATE 4–There are more posts about Brett Kimberlin and his abuse of bloggers on the HOME page. Scroll down through the past week.

UPDATE 5–An eye witness report of the hearing is posted here.

UPDATE 6–Another eye witness report is here.

UPDATE 7–katgburke tweets that the Montgomery County State’s Attorney says the arrest was for violation of the peace order not the assault charge.

UPDATE 8–The Blaze, OTOH, is reporting that they were told by a court clerk that the arrest was for the assault charge. This shows how difficult it is to get correct information on a breaking story. Sit tight. Stay tuned. The truth is out there.

UPDATE 9–@AaronWorthing (that’s Aaron Walker) tweets:

I cant say more until I talk to my lawyer but… i do really need your help right now. And I appreciate your support.

UPDATE 10—Eugene Volokh has a post on Aaron Walker, Brett Kimberlin, and the Fog of Litigation. Read the whole thing, including the comments.

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Neither Aaron not I are done with him yet.

Team Kimberlin Post of the Day

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T. S. Eliot starts off The Wasteland with these words: “April is the cruelest month …” In The Dread Deadbeat Pro-Se Kimberlin’s wasteland the cruelest month is probably March.

On 13 March, 2015, his bogus peace order petition against me in the District Court of Maryland for Montgomery County was denied Judge Williams.

On 13 March, 2018, his Kimberlin v. Breitbart Holdings, et al. LOLsuit in the U.S. District Court for the District of Maryland was dismissed sua sponte by Judge Hazel.

On 14 March, 2018, the Kimberlin v. Frey RICO Remnant LOLsuit appeal was dismissed by the Fourth Circuit Court of Appeals. Per curiam. The dismissal wasn’t even worth an opinion.

On 17 March, 2015, the Kimberlin v. National Bloggers Club, et al. RICO Madness LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

On 30 March, 2016, the Kimberlin v. Hunton & Williams LLP, et al. RICO 2: Electric Boogaloo LOLsuit in the U.S. District Court for the District of Maryland was dismissed by Judge Hazel.

OTOH, I’ve enjoyed March and its

… breeding
[Crocuses] out of the dead land, mixing
Memory and desire, stirring
Dull roots with [late winter] rain.

But that may be related to everything proceeding as I have foreseen.

Team Kimberlin Post of the Day

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Three years ago today, there was a hearing in the District Court for Montgomery County on the peace order petition The Dread Deadbeat Pro-Se Kimberlin filed against me falsely accusing me of harassing Tetyana Kimberlin’s elder daughter. We’ll review several posts from that day, beginning with one titled Qapla’.

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The peace order was denied. More later when I get back home.

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I followed that post up with one titled Today in Court: #BrettKimberlin’s Case.

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I’m going to do my writeup of today’s peace order hearing two parts. The first will deal with what happened before the lunch break while Brett Kimberlin was putting on his case. A second post will deal with my response. For a more detailed legal analysis of the case, check out Aaron Walker’s post.

As a preliminary matter, my lawyer raised the issue of Kimberlin being unable to testify in a Maryland court because of his previous perjury conviction. The back-and-forth over that burned up about ten or fifteen minutes and ended with Judge Williams ruling that Kimberlin could not testify.

Kimberlin made an opening statement outlining what he planned to prove with the evidence and testimony of others. During that opening statement he told several lies. One was that I attended a hearing relating to a mental health petition he had filed against his wife. I did not. On 9 July, 2013, I attended a hearing which dealt with protective orders that the Kimberlins had filed against each other. At the end of that hearing, Mrs. Kimberlin was detained. I left the courtroom while she was still in handcuffs but later found out that she was held because of a surprise mental health petition Kimberlin had filed. The judge released her and denied the petition within a few minutes.

Kimberlin also lied by claiming that I had approached his wife and offered her “things of value.” In fact, our first contact came when she approached me in a restaurant while I was waiting to meet someone else. While I was among a group of people who offered her assistance and paid for a lawyer to represent her in a hearing, I didn’t offer her anything of value to do anything for me or at my direction.

Kimberlin also said during his opening statement that I am “Paul Krendler.” I am not.

Kimberlin then called his first witness—Aaron Walker. Aaron’s testimony did not go well for the Petitioner. Aaron wound up testifying about the various claims of defamation that Kimberlin had made in the Kimberlin v. Walker, et al. nuisance lawsuit and the fact that my codefendants and I won the case on summary judgments and directed verdicts.

Next, Kimberlin called his daughter, the nominal petitioner, to the stand. She testified that she had been bullied at school and that when she had changed schools, her fellow students had googled her and found out about her father and ostracized her. Kimberlin tried to bring in the issue of his being called a pedophile through her testimony. At that point, the hearing had been going on for an hour, mostly because of non-germane points Kimberlin kept raising. The judge had had enough. He told Kimberlin—

I’ve given you some latitude. That. Is. Done.

Kimberlin rested his case, and the judge ordered a lunch break.

Stay tuned for Part Two.

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I never got around to posting Part Two. Instead, I posted this Prevarication Du Jour in response to the false reporting on the case by Team Kimberlin.

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Over at Breitbart Unmasked, Bunny Boy is running a copy of some tweets that Kimberlin introduced into evidence during today’s hearing. They supposedly prove that I posted a comment on an article at the Montgomery County Gazette.perjury1Because I denied making such a comment and could not authenticate the tweet as mine, Bunny Boy is shilling Kimberlin’s story that I perjured myself today.

Bullshit!

I couldn’t authenticate the tweet as mine, because it isn’t. It’s a retweet. The original tweet (and I presume the comment at the Gazette) was by Lee Stranahan.Stranahan201308281627ZI took me all of two minutes to find that original tweet via Google.

Did I mention that Brett Kimberlin is a liar?

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Qapla’ indeed.

Team Kimberlin Post of the Day

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Three years ago, Team Kimberlin was in a full-court press against me, trying to shake Hogewash! loose from its coverage of The Dread Deadbeat Pro-Se Kimberlin. TDPK had two active lawsuits going against me (Kimberlin v. Walker, et al. in state court and Kimberlin v. The Universe, et al. RICO Madness LOLsuit in federal court). He’d filed his bogus peace order petition against me, and he was preparing to include me in Kimberlin v. Team Themis, et al. RICO 2: Electric Boogaloo LOLsuit. Emails (which federal law enforcement connected to TDPK and Bill Schmalfeldt) were being sent to NASA officials suggesting that I was not suitable for employment as a contractor by the Agency. And my wife, who was recovering from major back surgery and was undergoing chemotherapy began receiving emails like this—

Of course, Mrs. Hoge had no interest in the Cabin Boy™ or “The Schmalfeldt Radio Network.” (She usually listened to WYPR out of Baltimore for NPR talk and jazz and WETA-FM from Washington for classical music.) Neither she nor I were amused by someone trying to steal her identity.

Now, I wasn’t surprised by Team Kimberlin’s taking a crack at me, but I was initially taken aback by their crude attempts to get at me through my wife. After all, what kind of disgusting scuzzball would send tweets like these?I should have known.

Team Kimberlin Post of the Day

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Yesterday, I posted an example of The Dread Deadbeat Pro-Se Kimberlin’s poor litigation chops. Here’s another example from the TKPOTD from five years ago today.

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On 29 June, 2012, there was a hearing in Montgomery County District Court for a peace order petition that TDPK had filed against one John Norton. Brett Kimberlin was in his usual form. While I don’t have an official transcript of the hearing, Aaron Walker has transcribed portions from audio that he obtained from the court.

TDPK claimed that Mr. Norton had been lurking in the bushes in front of the Kimberlin residence. In the transcript below K is Brett Kimberlin and J is the judge. TDPK said that he was going to pick up his 8 year old daughter from a neighbor’s house—

K: And so I walked out of my door, to go pick her up, and I see a man lurking behind the bushes in the corner of my property and I was kind of taken aback by it. But I kept walking toward my car because I had to pick my daughter up.

J: Now was that in the general direction of where the man was in the bushes or in the opposite?

K: The man was facing the road, the— to the left of the— on the left side of my house there’s some bushes towards the road and my car was right in front of my house.

Lurking in the bushes? As I type this, I’m looking at the Google Street View image of the Kimberlin residence. Looking from the street, there’s a small shrub that appears to actually be on the property next door by the neighbor’s driveway. It’s “on the left” as seen from that point of view. There’s also a even smaller shrub at the opposite front corner of the Kimberlin lot. It appears to be about as tall as the fire hydrant in front of it. I’m not sure how one would lurk in those bushes.

K: And so I turn around, obviously I was concerned about my daughter. You know, I didn’t know if anything had happened to her, I was scared, so I turned around and I went to the neighbor’s house. She was right there in front of the house. I put her in the car and Mr. Norton is driving away, and so I—

J: Have you ever seen this man before?

K: Never seen him before in my life.

J: Every seen the car before?

K: Never seen the car before.

J: Alright.

K: So I followed the car, and went around the corner, and there was a stop light. I pull up behind him and he’s… again it’s a convertible, and he reaches around with a camera, again, and takes more pictures of me. I gave him the finger, I admit it, you know, I don’t like a guy coming out in front of my house taking pictures of me and my kid.

He’s concerned that this lurker might be dangerous, so he puts his daughter in the car and chases after the guy.

Uh, huh.

So what was Mr. Norton’s side of the story? In the transcript below N is John Norton and Lis his lawyer.

L: Did there come a time when you ended up coming into contact with Mr. Kimberlin?

N: Not any physical contact, but he did chase me down in his car, the picture he showed, shows him behind me, flipping me off. I don’t know why he chose to chase me down. I was not on his property, I have stopped my car on [Kimberlin’s street name omitted].

L: What brings you on [Kimberlin’s street]?

N: It is a bail out route on my commute.

L: And where is your commute?

N: I commute between Bethesda, Maryland, and Fairfax, Virginia.

Chased him down?

L: And on June… what’s the date here? June 15, is it? June 15, you said, what brought your attention— what caused you to take out your phone and take a picture of the car behind you?

N: When I was on River Road, I saw what turned out to be Mr. Kimberlin’s car driving erratically, cutting in and out of lanes, trying to catch up to me, tailgating me. We reached the stoplight at River and Burdette, he pulled up… you can see how close in the picture, how close it was. He… he pulled out a pen and [unintelligible] furiously scribbingly as if he wanted me to know he was writing something down, he was revving the engine in his car, and for me, I thought, “some crazy person is chasing me down, I need some evidence, I need some protection.” So I picked up my phone and shot about seven seconds of video, from which the picture of him flipping me off was taken as a framegrab.

TDPK claimed that he was freaked out when Seth Allen reposted the picture of him flipping off Mr. Norton.

K: The picture of my car, that was posted on the internet by the client of the man that I had the peace order against. So I get kind of freaked out that, you know, this guy is somehow related to the guy who I had a peace order against, Mr. Walker.

Note that Mr. Allen could not have posted the photo before or during TDPK’s chase of Mr. Norton. In any case, Mr. Norton had no association with either Mr. Allen or Mr. Walker.

L: Now, are you associated with Aaron Walker, any [sic]?

N: I am not.

L: Okay. And, did you go to his house on June 15, to take pictures, get out of your car and take pictures?

N: I did not go to Mr. Kimberlin’s house. I did not get out of my car. I did not take pictures at his house.

L: Alright. And what caused you to post the picture of Mr. Kimberlin flipping you off on the internet?

N: Well, first of all, for protection to make sure that it was publicized, that someone had chased me down and was flipping me off. And also, honestly, I thought it was kind of funny.

We have two different stories. One is told by a reputable citizen with nothing more that traffic tickets on his record, and that story is corroborated, at least in part, by other evidence. The other is told by a convicted felon, one of who’s crimes is perjury, and that story is contradicted by other evidence. Who would you believe?

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The dueling peace order petitions filed by TDPK and John Norton resulted in the petition against Mr. Norton being dropped and the petition against Kimberlin being granted. TDPK’s attempt at brass knuckles reputation management backfired.

Oh, one more thing … I’ve been told that Mr. Norton is a veteran and that he served in an EOD unit.

Team Kimberlin Post of the Day

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It was six years ago today that Brett Kimberlin tried to use his iPad to take a picture of Aaron Walker in the waiting area outside Judge Rupp’s courtroom in the Montgomery County Courthouse. Given the context of the of the statements The Dread Deadbeat Pro-Se Kimberlin had made, Aaron interpreted Kimberlin’s movements as threatening, and he acted to disarm Kimberlin by taking the large object Kimberlin was brandishing out of his hands.

Things went downhill from there, and TDPK built a false narrative around the event which resulted in a bogus peace order against Aaron, Aaron being arrested on a false charge related to that order, and six years of follow-on lawfare. Oh, and lots of adverse publicity for Brett Kimberlin.

BTW, taking a photograph in a Maryland courthouse without permission from a judge is against the law.

Team Kimberlin Post of the Day

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Even a flatworm will turn away from pain, but Team Kimberlin has been a glutton for punishment. Back in 2014, The Dread Deadbeat Pro-Se Kimberlin lost the Kimberlin v. Walker, et al. nuisance LOLsuit, and The Dreadful Pro-Se Schmalfeldt withdrew LOLsuit I after two days, saw his counterclaims that made up LOLsuit II dismissed with prejudice, and was the subject of a second peace order. After all that, they were still exchanging the Worst Advice of the Year—

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The Dimwitted Hipster is leading the Cabin Boy™ astray.DemHip201412302152Z

Murum aries attigit.

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2015 wasn’t a good year for Team Kimberlin either. TDPK lost the RICO Madness LOLsuit and saw his untimely appeal of that case turned away by the Fourth Circuit Court of Appeals. He filed his RICO Retread LOLsuit in state court, and a bunch of the defendants in that case were dismissed before year’s end. He filed a bogus peace order petition against me which was denied—as was his appeal of the denial—and the false criminal charge he filed against me was dropped. He also filed the RICO II: Electric Boogaloo LOLsuit which spilled over into 2016.

2015 went no better for the Cabin Boy™. LOLsuit III was dismissed by the U.S. District Court for lack of jurisdiction, LOLsuit IV was dismissed by the Circuit Court of Howard County for improper venue and failure to serve most of the defendants, and LOLsuit V was voluntarily dismissed with prejudice by Schmalfeldt when he fled from Maryland to Wisconsin.

2016 saw TDPK lose his appeal of the Kimberlin v. Walker, et al. LOLsuit, the RICO II: Electric Boogaloo LOLsuit and its appeal and the Kimberlin v. McConnell LOLsuit and its appeal. His petition for a writ of mandamus to force Judge Hazel to modify the protective order in the RICO Retread LOLsuit was denied by the Fourth Circuit, and that court sanction him for including me in his frivolous appeal of RICO II. Meanwhile, the Cabin Boy™ lost LOLsuits VI and VII.

As 2017 grinds to a halt, Kimberlin has lost his appeal of the RICO Retread LOLsuit in the Maryland Court of Special Appeals and has withdrawn his appeal of the RICO II Retread LOLsuit from that court. The Cabin Boy™ has just had LOLsuit VIII booted by the U.S. District Court for the District of South Carolina for lack of personal jurisdiction over the defendants.

2018 is coming. Stay tuned.

Murum aries attigit.

Team Kimberlin Post of the Day

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For the first time in over four years, I don’t have a lawsuit or the appeal of a lawsuit from Brett Kimberlin pending against me. Kimberlin’s attempts to use lawfare to suppress the First Amendment rights of people who have written and spoken truthful things about him have been abject failures against those of us who stood up to him. Some of the victims of his lawfare settled for various reasons of their own, but taken as a whole, the phrase “Kimberlin has failed” is a good summation of his LOLsuits.

I beat him in four vexatious civil suits, three frivolous appeals, two sets of false criminal charges, and a bogus peace order petition. I was awarded sanctions in two of the lawsuits and one of the appeals, and I have instructed an attorney to begin the collection process.

The Dread Pro-Se Kimberlin still has two LOLsuits on appeal. The Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread Appeal is at the Maryland Court of Special Appeals. (He didn’t include me in that case, perhaps having finally figured out how res judicata works in Maryland.) The Kimberlin v. Frey RICO Remnant Appeal has gone to the Court of Appeals for the Fourth Circuit. I’m not going very far out on a limb to predict that Kimberlin will lose both.

He also has one other LOLsuit in limbo in the U. S. District Court for the District of Maryland. It’s styled Kimberlin v. Breitbart Holdings, et al. The complaint is sealed, so I don’t know what TDPK’s claims are, but it’s almost a year old, and the court has still not allowed summonses to be issued to the defendants. I’m going to speculate that the case will be dismissed with prejudice sua sponte as soon as the Fourth Circuit dismisses the Frey appeal. Patrick Frey is a codefendant in the Breitbart Holdings case. If TDPK has alleged a conspiracy (as he usually does), then Patterico’s res judicata defense should also apply to his “co-conspirators.” That will mean that “Kimberlin has failed” to state a claim upon which relief can be granted.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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I’ve been reviewing the documents produced by the Kimberlins during discovery in the Hoge v. Kimberlin, et al. lawsuit. One of them is a copy of a post from Breitbart Unmasked Bunny Billy Boy Unread titled Lee Stranahan and Aaron Walker Smear A Teenager’s Family And Try To Snuff Out Her Career. The post was originally published on 29 August, 2013, just after The Dread Pro-Se Kimberlin had filed his Kimberlin v. Walker, et al. nuisance LOLsuit and just after the Montgomery County State’s Attorney had dropped the first set of false criminal charges Kimberlin filed against Aaron and me. I was not surprised to find that the post is now missing from the Interwebz. I was surprised that TDPK would consider putting it into evidence.

You see, the post contains evidence that is part of the proof that the tweets TDPK attempted to use as evidence in his 2015 peace order petition are forgeries. By offering the post in discovery, he has authenticated it.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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From four years ago today—

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Posted on 30 May, 2012

More Kimberlin v. Walker Analysis

Hans Bader has an excellent review of the legal issues relating to Judge Vaughey’s decision yesterday. (H/T, Protein Wisdom, where you’ll find further useful discussion)

In 2005, a New Mexico judge appalled people across America by issuing a restraining order against David Letterman after a wacky woman accused Letterman of harassing her across the country through coded messages in his TV show. That restraining order was dissolved after it became obvious even to the judge that the allegations could not possibly be true. But a judge in Montgomery County, Maryland—a liberal bastion—recently did something similarly bizarre by jailing and issuing a restraining order against a lawyer, Aaron Walker, who represented a party sued by ex-terrorist Brett Kimberlin.
…
Blog posts that criticize a convicted terrorist for misuse of the legal system are protected under the Supreme Court’s decisions in Brandenburg v. Ohio, 395 U.S. 444 (1969) and Hess v. Indiana, 414 U.S. 105 (1973), even if some outraged readers make death threats as a result. Judge Cornelius J. Vaughey needs a remedial course in the First Amendment.
Judge Vaughey also needs a basic tutorial on the Internet and what blogs are. As a chronicler of the court proceedings notes, the Judge “was clearly was technically ignorant of even basic facts about what Twitter is, in one instance point saying ‘He Googled you 500,000 times’ through the Tubes or whatever. The Judge had identified himself, earlier, as being ‘of the Royal Typewriter Generation.’”

Read the whole thing.

It’s reasonable to assume that Judge Vaughey will be reversed on appeal. He seems to have both the facts and the law wrong. Meanwhile, we need to keep shining the light of truth on Brett Kimberlin and his accomplices. Perhaps it’s time for another parole revocation hearing.

UPDATE–Eugene Volokh has something to say on whether or not the sort of blogging we are doing is protected speech.

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It’s taken a while to get things properly aligned, but now everything is proceeding as I have foreseen.