This is the latest post in what I
half-jokingly call The Kimberlin Saga®. If you are new to the story, that’s okay! Not
everyone reads my blog. The short
version is that convicted terrorist Brett Kimberlin has been harassing me for
over three years, his worst conduct being when he attempted to frame me for a
crime. I recognize that this might sound
like an incredible claim, but I provide video and documentary evidence of that
fact; in other words, you don’t have to believe my word. You only have to believe your eyes. Indeed, he sued me for saying this and lost
on the issue of truth. And more recently
when his wife came to us claiming that this convicted terrorist had threatened
her harm, we tried to help her leave him, and for that, he sued myself, John
Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing
Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck,
Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson,
Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers
Club, and others alleging that we are
all in organized crime for reporting factually about the spate of SWATtings
committed against myself, Frey and Erickson.
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.
"Wow, Brett is failing again." "More popcorn, please." "What a loser!" |
So as I previewed
yesterday, we had another peace order hearing today. Ostensibly it was Brett Kimberlin’s daughter,
whom I shall only identify as K., seeking the peace order, but we all know this
was part of her father’s plan to
abuse the courts in an attempt to silence his critics. He was claiming that John Hoge had harassed
her.
As you might
recall, Brett tried this before
in the District Court, only to lose in front of Judge Williams, there. So this was the de novo appeal of that loss,
which means it was basically like a whole new trial.
Before Brett
got two words out of his mouth, John’s pro bono lawyer, Patrick Ostronic
brought up two preliminary motions.
First, he asked the court to hold that Brett could not present the
case. Of course Brett has a general
right to represent himself, but what he did in the District Court was he
represented his daughter, making opening statements, examining witnesses, and
so on. Judge Creighton quickly ruled in
John’s favor on that one.
And next was
the inevitable challenge to Brett testifying.
Frankly, we have been through this dance several times, you know by now
what he is going to say, pretty much, and you knew what we were. Brett told several more lies while trying to
convince the judge, ironically, that he can be trusted to tell the truth. But the judge ruled against him.
Which means
that Brett was essentially rendered a spectator. He literally had no right to speak in the
court at all throughout the rest of the hearing. He tried at least once, only to be “shushed”
more or less. Weirdly, though, he
continued to sit at the plaintiff’s table, and even stranger, his daughter didn’t,
showing us again what the case was really about.
By the way, it
is also worth taking a moment to discuss how Brett looked today. You can tell when he is a little frazzled and
this time, he came in a suit where the collar was unbuttoned, there was no tie,
and garish white socks contrasting with his dark slacks and dark shoes. He usually looks better than this for trial,
and I suspect that it was the result of stress.
He has a busy schedule, right now.
So we get to
the case itself. K. Kimberlin was not
going to fully “play lawyer” like her father, so basically the judge said, “who
should come testify first?” No opening
statement, just leaping right into the testimony.
The first up
was a bit of a surprise, Brett Kimberlin’s wife, who I will identify as T.
Kimberlin. This was supposed to be the
big scary surprise that Team Kimberlin had spoken about but basically all she
could testify to was that her daughter was upset. Kind of a fizzle, honestly.
Next up was K.
Kimberlin. You know, it is hard to write
about it, because in terms of actual concrete... anything. But bluntly, she was somehow persuasive to
the judge. So she would say that John
supposedly wrote about everywhere she went, everything she does—which you, dear
reader, know isn’t true—but presented literally no evidence of that. She accused John of trying to follow her on
twitter, but later admitted she got John and me confused (as you will recall,
dear reader, I discussed it when
talking about the last hearing,
where I testified I did so by picking up the phone wrong, and immediately
unfollowed, but not before Brett decided to make just about a federal case out
of it). Emotionally, at one point she
was crying, and at another point she was nearly shouting about it. She also remarked that I would probably write about this later; the judge
pointed out that this was a public trial.
But ultimately for all the shouting, there wasn’t much evidence. What we had was that same post that someone
else wrote, where John in his nerdy way corrected someone’s misstatement about
her age. That is it.
At the close
of their side, Ostronic asked for a ruling that they hadn’t even met their
initial burden. The judge denied it, I think
clearly wanting to hear what John had to say for himself. So John testified and the testimony was
sparse. “Did you ever call her?” “No.” “Did
you ever email her?” “No.” Stuff like
that. One interesting thing that came
out was they attempted to claim, again, that John wrote tweets that were
actually written by Lee Stranahan and Patrick Frey, and John successfully
rebutted this. It really comes down to
the fact that John just isn’t interested in the girl, and to the extent that he
talks about her at all, it’s usually a line like, “Brett’s daughters were in
attendance.” That’s all.
So I thought
we were doing great when the judge says she needs a few minutes to
deliberate. There was literally almost
nothing there. But then that is when she
gave John a severe tongue lashing on the bench, indicating that she believed
that we were somehow targeting K., and even saying that if this keeps going on
someone will end up in jail. And then
she left. You might have seen me tweet
out about praying for John. After that, I
was worried, and pretty disturbed that the judge couldn’t discern that there
was no evidence to support that conclusion.
And so we
waited... and waited. It was around
forty five long minutes of this, maybe as much as an hour, and I remember going
over to John and saying, “every minute we wait, is a good sign.” I explained to him what I think was happening
and I continue to believe I was right.
There is no denying that the judge was emotionally in the Kimberlins’
corner at that point. I think she wanted
to grant the petition. But, at the same
time, as she read over the law, she gradually realized what harassment was and
what it wasn’t. John had made the point
that he doesn’t talk to the Kimberlin’s.
I won’t even say he talks about them.
He just talks about one Kimberlin, and it is his legal right to do so.
So when she
came back she said basically there wasn’t enough evidence to support a peace
order. She focused heavily in on the
concept that it has to be a course of conduct, and she only had one relevant
instance in front of her. She even went
back over her remarks about jail and suddenly was hedging, talking about “if
there is sufficient evidence” and the like.
She realized the law just wasn’t there: John was nowhere near harassment
of anyone, especially not K. Kimberlin.
So this was as
successful as Brett could get with his new human shield strategy. It is very clear that he keeps hoping that if
he could just get his daughter on the stand and get her to cry on cue, that the
judges would give them anything he asked for.
And it didn’t work. Judge Creighton pretty clearly wanted to silence
John, but realized the law was on John’s side.
If it isn’t going to work with her, it just isn’t going to work.
Anyway, as
they were leaving Brett says—pretending to speak to his family, but clearly
saying loud enough for me to hear—something like, “I guess we go file criminal
charges.”
I snorted a
chuckling, “oh God.”
To which his
muscle said, “yeah, oh God,” as though I am supposed to be intimidated.
I replied, “you
never learn.” If he was hoping to scare
me or John, I made it clear it was not going to have the intended effect.
Anyway, it was
a closer case than it should have been—seriously, they were nowhere near
meeting the statute, but John still won and Brett’s human shield strategy was
shut down.
But we will
take in our victory with dignity, and self-respect and…
Ah, screw it!
Please note,
Zelma Davis didn’t actually sing any of that.
---------------------------------------
My wife and I
have lost our jobs due to the harassment of convicted terrorist (and
adjudicated pedophile) 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 help in
the fight to hold Mr. Kimberlin accountable, please hit the donation link 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.
---------------------------------------
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. 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.
May you and your family and friends be Blessed with Patience and Strength. And a smile in your heart to chase them naughty blues away ...
ReplyDeleteTried to post a comment but the editor wigged out as I was revising. I
ReplyDeleteClicked preview and it seemed to collect the comment to be published. It will look half written if that's what happened.
Good job. Thanks for the detail!
ReplyDeleteGood outcome, prayers answered. I am redoubling prayer output for an end to Brett Kimberlins lawfare.
ReplyDeleteJudges in Maryland really worry me. That the judge came close to wavering on this case is insane.
ReplyDeleteI'm a bit confused now on who should be liable for what. It appears that the Plaintiff was upset by what she was TOLD was happening on the Internet, not what she actually experienced since the Defendant basically said "nope, didn't do that" to 99% of the questions posed. Wouldn't that make her informant liable for the emotional distress??
ReplyDelete