The Brett Kimberlin Saga:

Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Thursday, August 16, 2012

Breaking: Convicted Terrorist Brett Kimberlin Fails to Comply With Discovery (Update: Twitchalanche?)

This is the latest post in what I call jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  So if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Update: Twitchy links!  Can you break my code now?

That is the upshot of the latest press release from the Blogger’s Defense Team—a group of lawyers that is defending myself and others against Team Kimberlin’s ongoing lawfare tactics another related efforts to suppress Freedom of Expression.

But that takes a few moments to explain.  In my last post on this subject I said that discovery had been served.  What I didn’t know is that it had been served much, much earlier than I realized, so that it was due...  on August 10.  That would be almost a week ago.  So yes, I was posting we had served him with discovery two days before it was due.  In fact he was already informing my attorneys by then he would not comply.

Glenn Reynolds once observed that in a promised lawsuit by Brandon Darby against Neal Rauhauser that “the discovery process should be productive.”  Well, apparently that is precisely what Kimberlin doesn’t want in this case: productive discovery.  The deadline has passed and Kimberlin has refused to comply, to any degree, with legally mandated discovery requests.  He hasn’t produced one relevant document, answered a single interrogatory, and so on.

Perhaps some intrepid reporter who knows something of the law should ask Kimberlin why he is not complying.  I know his stated reason but my attorneys have asked me not to disclose it, but I will say that it is frivolous as a matter of law.

And of course we are not taking this lying down.  The Blogger’s Defense Team has served Kimberlin with a motion to compel requiring him to actually, you know, comply with the law.  Imagine that!

Before I released my monster post laying out how Brett Kimberlin attempted to frame me for a crime and kicking off this story, one of my family asked me, “why does it have to be you doing this?”  Why not someone else?

The answer I gave them is because this represents the best opportunity in a long time to hold him accountable.  I knew that he has left a years-long trail of destruction in his wake.  He has abused our courts to ruin many peoples’ lives; one can only speculate just how many people have experienced his harassment.  But my case was unique because the conduct is egregious—he tried to trick Maryland officials into imprisoning me for up to ten years—and best of all, I can absolutely prove it.  You only have to look at this video...

...and you will see with your own eyes that Kimberlin tried to frame me for a crime.  And so this represents the best chance in a long time to get justice, not just for myself but for the untold number of others who have been victimized by him.

But while justice cannot be bought, it is expensive.  That is why I need people to donate to the Blogger’s Defense Team, so they can continue to hold Kimberlin to account.

Kimberlin’s entire strategy is built around trying to outlast  his opponents.  Recall what he said to Patrick Frey when threatening him with a frivolous defamation suit:

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money[.]

(Emphasis added.)  Kimberlin’s goal is to exhaust us, financially and in terms of time.  So by giving to the Blogger’s Defense Team you are helping to ensure that his strategy of delay and obstruction will fail.  Show him that however long he drags this out, we will see this through.

So please, hit the donate button on the right, or go to their website.  And for that matter, here is the press release.

In other news, the default judgment hearing related to Neal Rauhauser and Ron Brynaert will be on August 31, in the Prince William County, Manassas, Virginia.


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 sounds 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.  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.



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.  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.


  1. Oaky, as the saying goes, I Am Not A Lawyer, but I'm pretty certain that failing to comply with a discovery motion -- indeed, an outright refusal to comply, as it sounds here -- falls under the heading of being A Very Bad Thing. My question is, how bad IS it? Is this something where the judge can cite him for contempt of court? Or are the penalties much higher than that?

  2. Am I correct in thinking that failure to comply with a discovery motion could lead to an automatic judgment against the party who won't comply? I hope?

  3. Discovery is a dish best served cold.
    - Klingon law proverb

  4. As a Litigation Paralegal, I see several steps coming. I had written several thoughts as to the next steps, but decided to delete them in case BK hadn't thought of them. Don't always want to tip your hand to the other side.

  5. Aaron: Have you posted, or will you post, the discovery request you served in this case? (That is, the list of questions you are demanding Brett answer and/or documents you are demanding that he produce.)

    If you haven't had the time to do so yet, or you prefer not to publicly post them yet, that's fine. I'm just interested in seeing what is going on in the case.

  6. As the first Peace Order case shows, the law and the arguments are not nearly so important as what the judge thinks. Read what Vaughey said and did.

    There is nothing automatic in the law. A judge will decide. The motion to compel could simply be denied by a judge, or a judge could decide to hear it and decide whatever at that point. Maybe the judge will not think Kimberlin's argument is valid, or maybe the judge will. Just because Kimberlin has refused to provide discovery doesn't mean that something bad will happen to him. Worst case for him on this is probably that he is ordered to provide the information, and pay some amount of attorney's fees to cover the cost of additional work due to his failure. Maybe a couple thousand bucks. Then if he still refuses, he is violating a court order, and he can go to jail.

    Or maybe some middle ground, where some requests are determined not germane to the case, while others are, and he is ordered to provide some information that he makes some token gesture to fulfill.

  7. Kindly post his responses and objections, if any.

    Don't be a tease.

  8. Let me guess is stated reason: You are harassing him with it?

  9. Perhaps some intrepid reporter who knows something of the law should ask Kimberlin why he is not complying. I know his stated reason but my attorneys have asked me not to disclose it,

    Awwww, c'mon. I bet it's hilarious.