Dread Pirate #BrettKimberlin Default’s on Logic


In the previous episode of the Saga of TDPK, we looked at the first part of TDPK’s Response in Opposition to Plaintiff’s Reconsideration of Default Against Defendant Ron Brynaert which he filed against a motion by Aaron Walker’s lawyer.

<mockery>Here’s part two which consists of paragraph 3:

3. Default is also inappropriate because the complaint fails to state a valid claim …

Boilerplate.

… and this court has no jurisdiction over the defendants since they did not commit any acts in Prince William County.

Interesting the way that was worded. Instead of something like “none of the acts alleged occurred in Prince William County,” it says, “… did not commit any acts in Prince William County.” So where were the acts committed?

The idea that the court has no jurisdiction in pure nonsense. Of course, it does. IANAL, but my understanding of the doctrine of proper law would require that if a single act had occurred in one place at one time, then the courts for that place would be the proper place to sue. However, when multiple events occur in different places at different times, there is no one place to sue. In that case, the plaintiff can exercise a choice. That may wind up causing a Virginia court to rule on whether a New York law was broken, but a court in one state can do that sort of fact finding and apply another state’s law.

TDPK lucked out with this filing. Because the motion it opposes wound up moot, the judge isn’t going to have to bother with this. At some point, the judge may tire of the court’s time being wasted with frivolous nonsense.</mockery>

There’s so much more to mine from TDPK’s history and his legal writings. Since it’s going to take a while for him and his crew to be brought to justice, we might as well have a good time during the process. Sure, TDPK has been and still might be dangerous, but he’s also ludicrous, and he deserves every bit of ridicule we can muster.

So kick back, get yourself a snack, and stay tuned. And if popcorn and Jujubes don’t tickle your fancy, Raisinettes are also an approved snack.

Dread Pirate #BrettKimberlin and His Stooges


In a comment to a previous post BigSkyBob wrote

Kimberlin isn’t trying to win the lawsuit. He is continuing to execute his preannounced strategy, which is to pursue a war of financial attritition between a person hiring counsel and a pro se litigant. He has already boasted about how his two codefendants aren’t going to pay a dime, and, has maneuvered to litigant [sic] their cases in federal court driving up the costs to prosecute that case. Note his repeated attempts to bash the bloggers defense club. He wants Walker financially paralyzed, and is frustrated he is not.

That’s true as far as it goes. TDPK and his crew have announced, even bragged, about such a strategy. It can work when used to bully isolated individuals. It can’t work when it goes up against the infamous Army of Davids which has been known strike fear in TDPK’s heart.

<mockery>The downfall of many a scam artist has been the problem covering all the bases after all those lies have complicated the narrative. No amount of planning or coordination can keep a lid on the Truth. It eventually leaks out.

The three defendants in the Virginia Walker v. Kimberlin, et al. civil suit chose unwisely when they decided to cross swords with Aaron Walker. He has been able to rally the support of a sizable portion of the right half of the blogosphere, and, as a result, he is not an isolated target. Lots of other bloggers have his back and will make sure that he will have adequate resources. We’ll see how well these pro se litigants do against an experienced legal team. We’ll see how patient a judge is with such litigants when they have announced their intention to pervert justice with their tactics.

Hint to the bad guys: It’s hard to ambush the other side when you advertise your plans.

Additional hint: If you don’t show up in court, you’ll lose. Big time.

BTW, the one on the right does sorta look like Neal Rauhauser, dontcha think?</mockery>

Meanwhile, discovery is due from TDPK in a week. Care to guess whether or not he makes good on his threat to blow off the court’s order? Care to guess what the judge will do if he does?

Pop some popcorn, settle down, and stay tuned. Things may soon become interesting.

Tick, tick, tick, tick, …

Dread Pirate #BrettKimberlin: Unconnected Dots and Loose Ends


Over the last week or so, I’ve been blogging about various court filings related to the Kimberlin v. Walker cases in Maryland and the Walker v. Kimberlin, et al. case in Virginia. Not all the dots are connected yet, and we still have plenty of loose ends. Here’re a few of the ones I haven’t been able to connect or tieup (at least publicly) as yet.

1. In his Motion for Continuance Brett Kimberlin wrote that he had a previous engagement on the day of the hearing on Aaron Walker’s Motion to Compel. I wasn’t at the hearing, but I know from the record that the Kimberlin motion was denied and the Walker motion was granted. The record doesn’t show whether or not Kimberlin showed up in court. Was he there? Was he a no-show in order to avoid answering questions about the contents of his motion? He would have been under oath.

2. The Kimberlin Motion for Continuance contains a statement that “Defendant is working with law enforcement officials on matters related to this case …” What does “working with” mean? It could mean that he is filing baseless complaints in order to say that there are police/FBI/IRS/SEC/whoever investigations in progress. He’s tried that in the past. It could mean that he has been interviewed by one or more law enforcement agencies. It could mean that he is a “person of interest” to law enforcement.

3. There is a connection between Brett Kimberlin and Neal Rauhauser beyond being defendants in the same lawsuit. There is also a connection between Neal Rauhauser and Barrett Brown. Now that Mr. Brown is in federal custody and possibly cutting a deal, how might that effect Team Kimberlin? Does The Dread Pirate Kimberlin have a mutineer on his hands? Or a loose cannon on deck?

4. Now that there’s congressional interest in SWATting, are other forms of threatening harassment more fashionable? Just as the Walker v. Kimberlin, et al. case began heating up, the Liberal Grouch began stirring up trouble. Connections? Coincidence?

There are more dots and loose ends out there, but these are enough for today. Discuss among yourselves. Comments are open but moderated.

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, …

#BrettKimberlin Post of the Day


Messrs. Rauhauser and Brynaert getting a bit more time because of technicality will likely increase the attorneys’ fees owed at the end of the case. In a sense, that’s a win for the other side’s lawyers. Meanwhile, …

… your brass knuckles reputation management strategy isn’t generating much sympathy in the real world.

Justice through blogging. And eventually the courts.

Tick, tick, tick, tick, …

The Law’s Delay …


20120831-113543.jpg
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.

Blogger Defense Team Goes to Court on Friday


I just got off the phone with Aaron Walker. He is preparing for the default judgment hearing this Friday against Neal Rauhauser and Ron Brynaert in the Walker v. Kimberlin, et al. lawsuit in Virginia. While most of our conversation was off the record, I can say that Mr. Walker and his lawyers seem to have an excellent strategy.

I wish I my schedule would permit me to be at the hearing, but Mr. Walker says that he will be tweeting the results as soon as he is out of the courthouse. It will an interesting day on Friday.

Pass the popcorn.

Oh, one more thing … You can support Aaron Walker’s effort to vindicate our First Amendment rights. Go here and click on the DONATE button for the Blogger Defense Team.

Pushing Back More Than Twice As Hard


Ron Brynaert and Neal Rauhauser have committed the legal equivalent of bringing a knife to a gun fight. They failed to answer Aaron Walker’s complaint in Mr. Walker’s lawsuit against them and Brett Kimberlin. Aaron Walker is filing for a default judgement against Mr. Brynaert and Mr. Rauhauser, and he his begun the discovery process against Mr. Kimberlin. You can find more details here.

While you’re over at Aaron Walker’s site, be sure to hit the DONATE button if you want to support his struggle for the First Amendment.

UPDATE–

20120808-163456.jpg
Heh.

UPDATE 2—Stacy McCain feels that the idea of Brett Kimberlin having to answer questions under penalty of perjury is a good definition of more fun than a barrel of monkeys

Aaron Walker v. #BrettKimberlin et al.


Aaron Walker has posted his Virginia complaint against Team Kimberlin. He’s asking that they be enjoined from certain forms of harassment and asking for $2 million in damages. (That’s letting them off cheap these days.)

Mr. Walker is also going after Brett Kimberlin in federal court.

Stay tuned.

UPDATE—Stacy McCain points out one of the bits of irony in the Walker v. Kimberlin et al. suit—harassing someone until he does something stupid enough to warrant criminal charges or a civil suit is one of the tactics advocated by Neal Rauhauser:

We’re dealing with people who have likely had no interaction with the court system beyond a traffic ticket; the potential for a pro se litigant to force them into expensive, long distance, lengthy, discovery laden litigation doesn’t seem to cross their minds.

Mr. Rauhauser is among the et al. of the lawsuit. Looks as if his tactic may have backfired. BTW, Aaron Walker is a lawyer with experience in civil litigation.

#BrettKimberin The Cliff’s Notes Version


Patterico has an excellent summary of the saga thus far.

Many people have asked for a basic and relatively brief summary of the events surrounding Brett Kimberlin, Neal Rauhauser, and Ron Brynaert — who have gone after critics with over-the-top harassment. I provided the long version of the story, with much of the supporting evidence, here. This is the shorter version. If you have been struggling to understand this story, and you feel like you don’t have the time to follow it all, this is the post for you.

Even if you’ve been following the story all along, reading Mr. Frey’s summary will probably tie up some loose ends for you.

UPDATE–Stacy McCain has this summary of Brett Kimberlin’s background and how he lies about his past.

Lee Stranahan calls our attention to Brad Friedman and explains how he fits into the saga.

Aaron Walker documents some of Mr. Kimberlin’s recent lies.

UPDATE 2—And Aaron Walker posts his concise summary here.

Coming Attraction: Darby v. Rauhauser


Brandon Darby plans to pursue a defamation lawsuit against Brett Kimberlin’s Lord Voldemort’s mouthpiece Neal Rauhauser. (H/T, Stacy McCain) Mr. Rauhauser has accused Mr. Darby of being behind the SWATting of several bloggers.

Developing …

UPDATE—The Lid also has coverage.

UPDATE 2—Yes, we’ll see how much these folks enjoy being on the receiving end. Oh, and just think of  all the interesting questions that can be asked under oath during discovery and at trial. Where does your funding come from? With whom have you coordinated activity? …

UPDATE 3—Ron Brynaert tweets in response to this post:

Mr. Brynaert, did you read my post? Where is there anything in it about donating anything to anyone for any purpose?

You have received all the answers I plan to give you. I don’t feed trolls.