The Story I Couldn’t Tell, Part IV: Brett Kimberlin’s Second False Criminal Complaint Against Me

This is the fourth in a series of posts that I introduced, here.

In the first part of this story, I provided an introduction and then talked a little about the law of peace orders in Maryland.  In the second part, I talked about the petition Brett Kimberlin filed for a peace order.  In the third part, for the first time and exclusive to this site, you got to find out what he said and did at the May 22, 2012 peace order hearing.  And now this one brings me to latest false criminal charges Kimberlin filed against me on May 27, 2012.  That would be a Sunday night, at 10:10 p.m. listed on the criminal complaint itself (actually called the “Application for Statement of Charges”), another weekend filing.

And of course I had no idea that these charges had been filed until the cuffs were being slapped on me, but that is getting ahead of the story.

The key thing to get here, the headline that everyone else has been missing, is this: he did it again.  He filed false charges against me, again, and this time got me arrested based on them.  Back in early May, I wrote this to the State’s Attorney’s Office:

As a friend of mine said, Brett Kimberlin is about to figure out that doing this is either a really good idea, or a really bad one.  If he is not prosecuted for this blatant and evil attempt to frame me, then you will be telling him that the laws against perjury—and other false statements—are meaningless.  And you will be telling him that all he has to do is falsely claim another person has committed a crime against him, and the State’s Attorney will put that person through hell.  The State’s Attorney should be offended that Mr. Kimberlin has manipulated this office in this fashion and it should be eager to see Mr. Kimberlin suffer consequences for his conduct.

Well, because Kimberlin so far has faced no consequences for this conduct, the message he has received is that this is a really good idea.  File false charges and you at the very least force them to run up expensive legal bills or if you are really lucky, you can even get them arrested.

And the State’s Attorney’s Office in Montgomery County Maryland, will do nothing about it when the ruse is revealed.

That is why it is vitally important that we put pressure on the State’s Attorney’s Office in Montgomery County to finally prosecute Kimberlin.  So let me repeat my request from Mid-May for what you can do to help:

[Y]ou can write to the State’s Attorney of Montgomery County.  I did not name the subordinate responsible for the inaction, but ultimately it is the responsibility of John McCarthy, the State’s Attorney himself.  You might also consider writing to the Governor, or the Attorney General of Maryland.  Be polite.  You will not help me by being foul or insulting.  Simply state that you believe a grave injustice has been done to me—if you happen to agree—and ask them politely to see to it that justice be done.

This is his office’s contact information:

State’s Attorney for Montgomery County

50 Maryland Avenue, 5th Floor

Rockville, Maryland  20850

states.attorney@montgomerycountymd.gov.

240-777-7300

I mean in a real way it is a bit inaccurate to say that I was arrested for protected expression—and yes, I was arrested based on these false charges.  Instead, the better way to understand it is that I was arrested in retaliation for protected expression.  In other words, Brett Kimberlin didn’t run down to the commissioner’s office and say simply, “he’s talking about me!  Arrest him!”  No, instead he was so angry at the storm of criticism and investigative journalism that I had kicked up that he ran down there and falsely claimed that I had engaged in unprotected speech and conduct and got me arrested based on that.

So let me present to you the charges themselves and then provide a line-by-line fisking of them (in red italics like last time) and you will see that while he complains that I and others are criticizing him, the meat of these charges is a false claim that I had engaged in criminal conduct:

Brett Kimberlin's Application for Statement of Charges 5.27.12 (OCR)

So starting with the written paragraph in the center of the complaint he says that I supposedly

violated a Peace Order issued on May 22, 2012, which prohibited Mr. Walker from harassing me, contacting me, and specifically by electronic means via the internet.

Yes, which only meant that I couldn’t email him or send any other kind of directed communication toward him.  Since he didn’t present his theory that “the entire internet is his email inbox” to the judge on May 22, nothing in the peace order specified that I couldn’t take about him on the internet to a general audience.  That is why I believed I could continue to talk about Brett Kimberlin to a general audience, because the law can’t constitutionally prohibit the speech I am engaged in.  Thus I wrote on the same day as the hearing, when talking about Lee Stranahan’s idea of an Everybody Blog About Brett Kimberlin Day:

I can’t ask you to do this [join in Lee’s protest].  It’s not because of this peace order against me—Judge Johnson has made it clear that the peace order statute cannot forbid protected speech.  And this is protected speech.

Turning the page:

Mr. Walker has tweeted on Twitter about me in alarming...

If anything I said was alarming, it was purely because of Kimberlin jumping at shadows.  Nothing I wrote was even vaguely threatening—and you can check my twitter feed yourself and see.

...and annoying ways over hundreds of times the past week...

...which is all protected under the First Amendment.

...and urged other to attack me.

Well, I have never urged anyone to attack him physically, so I suppose this is example #377 of him claiming that all criticisms are an attack.  And you really have to think that he is saying this in hopes that he will be misunderstood.

He has generated hundreds of blog posts directly and indirectly about me...

That’s right, once again he is holding me responsible for everything every other person does.  I am apparently the puppet master for the entire internet: little old me.

...based on false allegation that I framed him for an assault.

I will simply refer you to the post he is complaining about and ask you to decide for yourself if my claims are false or not.

Mr. Walker has had many people threaten me directly with death...

This is the first clearly false charge.  He is stating that I have directed people to threaten him and I simply have not.  And did anyone ask in the commissioner’s office ask him how he knew that I was supposedly directing people to threaten him?  Was there anyone there scrutinizing his claims, because they do not stand up to very much scrutiny.

Now this time I will rewind the fisking a little, to show you the whole context of what he says next:

Mr. Walker has had many people threaten me directly with death and told me to stop talking to the police and not to show up in court or I would die.  I received these threats over the past few days via email.

Notice here in the structure of the first sentence, he is implying that the second half of the sentence—“told me to stop talking to the police...” and so on—was done by me, but in fact when he presented these things in court, these comments and/or threats were actually made by third parties.  Indeed, if you read his response to my motion for a stay, here, you will see that he includes many of these messages that were allegedly sent by my supporters as his Exhibit C.  And of course there is always reason to doubt that these are actually being sent by anyone on my side and not by Kimberlin and/or one of his supporters, as Patrick demonstrated here.

And this next one is a whopper although frankly I had to rely on David Hogberg’s copy of it to read the whole thing (and you can find Hogberg’s excellent coverage of this very issue, here):

Mr. Walker has urged people to intimidate me if I come to court on Tuesday by tweeting for a mob of people to show up.

Which is a gross distortion of events.  A number of people started talking about coming to the hearing on May 29 to provide support and to serve as a witness and indeed three people did show up.  And I am very glad they did in part because they probably helped get word out when I was arrested.  And while I can’t possibly know every word that has been said on twitter, I can say that no one I spoke to suggested it would be some kind of angry mob and indeed the three people who did show up were very mild manner people.  I didn’t have much time to converse with them, but they all seemed like nice and very peaceful people.

He has repeatedly said he would make me pay for seeking legal redress.

And this is a second false charge—he is asserting that I am threatening him.  Let’s remember he is alleging that I have engaged in this conduct from May 22 through 27.  So there are only two posts where I have said anything about making him “pay.”

The first was in a post he had already mentioned in the May 22 hearing (see the last post in this series).  In it I wrote:

I have also said that he would pay the price for his attempt to frame me for a crime, which is nothing more than a confident statement that the justice system will wake up and exact a lawful punishment upon Kimberlin.  I have never said one word suggesting I would get violent with him.

So how is that even slightly a threat?  And the second mention came in this post when I said:

Brett Kimberlin picked the wrong man to commit a crime against.  He will pay a price for what he did, in the courts of Virginia, and hopefully in the Maryland criminal justice system, too.

So again, not a threat except of litigation which is not a threat punishable by law.  And if you are not sure he is claiming that this is a threat, that is cleared up in the next bit from his criminal complaint:

The peace order prohibits as special conditions “Threats”...

So there you have it, a false accusation that I have threatened him, when in fact I did not.

...and “No Electronic Contact!”

Which ordinarily means nothing more than emails, text messages, perhaps mentions on twitter—some kind of directed communication.  It doesn’t cover communication about him to a general audience.  And the key thing here is that he knows this, which is why he chose to highlight this false accusation:

I have received many threats by Electronic contact on behalf of Mr. Walker.  On Saturyday, May 25, [20]12, at 7:57 pm, “A message from Aaron—Don’t show up in court Tuesday or you are dead.  This is your only warning.[“]

To jump ahead of the story, however, when he attempted to introduce this alleged threat into evidence, he was stymied:

THE WITNESS [Kimberlin]: Can I read some of the death threats into the record, please?

BY THE COURT:

Q And if they come from him?

A Yeah, well, the first one says—

MR .. WALKER: No ..

THE WITNESS: —“ Message from Aaron.”

BY THE COURT:

Q One from who?

A “Message from Aaron.”

MR WALKER: Message from Aaron?

THE WITNESS: Yes, “Message from Aaron.”

MR .. WALKER: Well, how do you know that is Aaron Walker?

THE COURT: Now, wait, wait one second ..

THE WITNESS: Okay.. And then—

BY THE COURT:

Q Hang on, hang on, hang on. How do you know it's him?

A I'm just, I got this as a death threat, yeah, on my email.

MR. WALKER: How do you know it's Aaron Walker?

THE WITNESS: On my e-mail ..

BY THE COURT:

Q Okay. Wait. You see, with this electronic stuff, it could have been anybody—

A Well, right—

Q —it could have been my grandchild.

A It could have been[.]

So in fact when he came to court he had no evidence whatsoever that I wrote it (because I didn’t, obviously), but that didn’t stop him from including it in his list of threats that I supposedly made to him.

And I will say this.  I want a full police investigation into who sent him that actual threat.  First, if it is a threat, then naturally the police should be aware of it and the author should be punished accordingly.  But I think the more likely thing is that what they will find is evidence that Kimberlin has attempted to frame me for a crime again.  That is just my opinion, based on his past conduct, but I believe it in my heart.  There is no reason why anyone who supports me would purport to send a death threat from me; it just doesn’t make sense.  But it does make sense that Kimberlin or an ally would fake a message like that in an effort to get me in legal trouble.

On Sunday, May 27, 1:24 pm[:] “If Brett Does not start acting like a grown up and quit calling the police on people like a little punk.  There will be hell to pay.”

Because of the introduction to this paragraph, he is falsely stating that I said this.  But if you again go over to his response to my motion for a stay, he makes it clear that this was sent by a man identified as “Loui.”

On Saturday May 26, 2012 @ 7:03 pm “Brett Kimberlin is done…. The hunter is the hunted.”

Again, he says that I wrote it, when the actual identified nickname of the writer was “Ishmeal Cunshot.”

On Saturday, May 26, 2012 @ 1:15 am: “We know who you are and we’re coming for you.  You will pay.”

Same problem, and the actual identified nickname of the writer was “Your enemy.”  And given how many people Kimberlin has screwed over, over the years, he has a long list of people who would call themselves his enemy.

It prohibits contact by any means, [attempts?] to contact or harass.  It prohibits entering residence or employment anywhere and prohibits threats and electronic contact.

Mr. Walker has urged people to publish my address and phone number on the internet...

Absolutely false.  You can read my blog and my twitter feed.  I have never done that.  I have done the opposite, redacting his address, email and phone number from numerous primary documents and asking others to do the same.  And most of you have listened.

I did this, even though the website Breitbart Unmasked—which is run either by Kimberlin or one of his allies—has published the home address of the National Blogger’s Club’s (NBC’s) Ali Akbar;’s mother’s home address and a photograph of her home (safe link).  The alleged excuse for doing this was because it was listed on the corporate papers related to the NBC.  Which is interesting because in fact if you look up the corporate records of Kimberlin’s organizations you will see his that the mailing address he has given for Justice Through Music, is also his address (or more precisely the basement in his mother’s house).  So I could have availed myself of the same excuse as Breitbart Unmasked and published his home address as the address of Justice Through Music, but I have refused to do so.

And that takes us to pretty much the last of his substantive comments:

Many people have called my home in the past few days to threaten me on behalf of Mr. Walker.  One man called on Friday evening and said he was an Iraq veteran who would kill me.

I don’t know if anyone has called to threaten him.  Given that he did file charges against Martin Maher for making a milder set of calls, I wonder why he hasn’t filed against any of the others he just mentioned.  But assuming they did do this—and I really don’t trust Kimberlin enough to actually make this assumption—I can say for certain that this was not on my behalf, and indeed it was done without my permission or even knowledge.

And how does Kimberlin pretend to know that they are doing this on my behalf (especially since they weren’t)?  Simply put, he doesn’t.  So that charge is false as well.

And based on these false charges, Brett Kimberlin managed to get me arrested.  And he still has faced no consequences for this conduct.

But that is jumping ahead of my story.  Next up, you get to see the final part of this series: the May 29^th hearing and what happened afterward.

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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sound fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to donate and help my wife and I in this time of need, please go to this donation page or use the PayPal buttons on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  As you will see by the time I am done telling my story that this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.