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.

Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Thursday, October 4, 2012

Some Linkage in the Kimberlin Saga

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 Kimberlin has been harassing me since last December, 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.  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.


I have a hearing tomorrow so I won’t be able to say very much about any of these, but I wanted to point you toward some important links worth reading.

First, if you are interested in the Kimberlin Saga, go to Hogewash and keep reading.  In fact, this link aggregates all of his posts related to Kimberlin.  Use it often.

But a few posts to call particular attention to.  First, you might ask “what hearing is tomorrow?”  Well, it is about the motion that Mr. Hoge discloses here.

In addition to that, Hoge has been investigating Kimberlin’s organizations and has found strong evidence of shenanigans in regards to his tax filings.  It is not a slam dunk, but it is certainly suspicious.

And for sheer chutzpah, apparently Kimberlin and his organization believes themselves to be First Amendment heroes.  You might have heard about P*ssy Riot (name slightly censored), the Russian punk band who was arrested for “hooliganism” for staging a protest against Putin.  By the news reports I have read, this seems like a valid free speech issue.

And Kimberlin and company have created a Pussy Riot advocacy fund.  They consider it a great injustice that P*ssy Riot is “languishing in prison for exercising their universal right to free expression.”  This is said by an organization run by a man who had me arrested for having exercised my right to freedom of expression.  Brett Kimberlin doesn’t respect freedom of expression in the slightest and certainly doesn’t mind attempting to criminalize disagreement.

No, what this is, is a transparent attempt to latch on to a popular issue to raise money.  None of the money goes to P*ssy Riot or their defense, but to “raise awareness” of their plight.  So in fact well-intentioned people, not reading his fine print, might think they are contributing to P*ssy Riot’s defense when it actually goes to this convicted terrorist and perjurer.  And by siphoning off money that could go to directly helping these women, Kimberlin is actually harming their cause.  They don’t need an anti-free-speech thug to “raise awareness” for them, they need money for their defense.

You can read about this entire scummy affair, here.

Finally, and perhaps most importantly, Patrick Frey, aka “Patterico” has been sued by Kimberlin ally Nadia Naffe, almost certainly an abusive suit.  I will talk more when I have gathered more information about it.

Thursday, September 27, 2012

Mona Eltahawy Wonders Why She Was Arrested: Let Me Clue Her In (Updated X2 With More Footage and Her Stupid Tweets)

Offending message: This anti-jihad poster is currently in 10 stations across Manhattan after a court victory by conservative commentator Pamela Geller
So via @Rightcoastgirl I learned of MSNBC and CNN contributor Mona Eltahawy being arrested for, well... let’s talk about that shall we?  It started when Pamela Geller and the American Freedom Defense Initiative won a court battle to put posters like this in the New York subway system (see left):

It says: “In any war between the civilized man and the savage, support the civilized man.  Support Israel.  Defeat Jihad.”  So this was deemed to be bigoted toward all Muslims, even though the language is plainly aimed only at those carrying out “holy war” against Isreal.  I thought it was liberal dogma that most Muslims wanted peace.  What gives?

By the way, you can read the court decision that cleared the way for it, here:

Friday, September 14, 2012

Convicted Terrorist and Perjurer Brett Kimberlin to Plead the Fifth?


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 Kimberlin has been harassing me since last December, 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.  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.

That’s one of the headlines in the latest installment of Mr. Hoge’s document dump (see here, here and here) from my Virginia case, this time sharing Kimberlin’s motion for a continuance.  And specifically you might review the questions he doesn’t want to answer under oath, here.

Or you just might watch this video by way of explanation:


I can’t write more both due to my attorneys’ request that I hold my tongue and the lateness of the hour, but I will gently remind you that if you want to hold Mr. Kimberlin accountable for his behavior, please give to the Blogger’s Defense Team.

Thursday, September 13, 2012

If You Are Wondering Why Brett Kimberlin is Refusing to Comply With Discovery...


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 Kimberlin has been harassing me since last December, 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.  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.

Well, I mean besides the obvious, now you can read the explanation he gave to my attorney by email, two days before discovery was due and you can see how my attorney gave Kimberlin every opportunity to do right or at least offer a better excuse than “Idon’twanna.”

Yep, Mr. Hoge’s work is officially now an ongoing series, having dropped the motion to compel itself on Monday, the discovery requests on Tuesday and now this email exchange on Wednesday.  Now the question is... does he have more?  His post suggests he does.

There are other gems in the thing but as I told you yesterday and the day before, I am being asked to be close-lipped for now, and so I will be.  But we still have a hearing Friday, so… stay tuned.

But I will reiterate once again that if you want to hold Kimberlin and his crew accountable—or just want a cool keepsake—I would appreciate your participation in the Day-by-Day Auction/Raffle.  And I thank all of you good people who have or will support my quest for justice.

Wednesday, September 12, 2012

Breitbart Unmasked’s Bigotry, Unmasked


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 Kimberlin has been harassing me since last December, 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.  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.

For some time, the website and Twitter account Breitbart Unmasked (or Breitbart Unmask) has been part of the stalking campaign against my friends and I led by convicted terrorist Brett Kimberlin.  Ostensibly set up to reveal all the supposed evil of Andrew Breitbart, it has dedicated itself almost exclusively to...  attacking Brett Kimberlin’s targets and serving as his press office as I noted in this post.  We have jokingly taken to calling this identity Not Brett Kimberlin due to his denials that he is Brett Kimberlin.

And as per my usual policy, I won’t be linking to his website.  If you decide to go to this site on your own, I suggest you use an anonymizer to do it, like this.

But it is worth taking a moment to examine the motives of this person.  And apparently a very prominent motive is, absurdly, anti-Semitism.

If You Wanted to Know What Questions Kimberlin Was Refusing to Answer...


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 Kimberlin has been harassing me since last December, 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.  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.

As regular readers of this blog know, I have sued convicted terrorist and perjurer Brett Kimberlin (and his co-conspirators) for has scattered wrongdoing (which I outline here) and Kimberlin has thus far refused to comply with discovery.  As in, it was due almost exactly a month ago, something I discussed, here.

Again, I am still limiting my discussion of the case in the short term for strategic reasons but you know how Mr. Hoge yesterday released the motion to compel filed in my Virginia case?  You might have noticed that there were a number of exhibits referred to but not seen in Mr. Hoge’s scribd document.

Well, today Mr. Hoge has released some of those exhibits including the very requests for discovery that Brett Kimberlin is refusing to comply with.  And bear in mind, Kimberlin is refusing to comply with them wholesale, not merely objecting to any particular part.

So you might review what I have written on the subject, here.  And with that in mind, you might then also read what Mr. Hoge has written and the documents he has attached, here.

If you want to make sure he answers these questions, or just want to get a cool keepsake, you might consider contributing to the Blogger's Defense Team Auction and Raffle, here.

Tuesday, September 11, 2012

If You Wanted to Read the Motion to Compel Brett Kimberlin to Comply With Discovery…


Well, courtesy of Mr. Hoge’s blog, you can.  I have previously discussed that motion, here.  I have been asked for now to limit discussion of the case, and so I will.  So, I will simply say that Mr. Backer and company have shown excellent professionalism in their presentation and I feel well-represented.

And in a programming note, as of today we will be having a hearing on this motion this Friday morning.  There has been an attempt to continue proceedings, but I have no indication that the judge has ruled one way or the other on it.

If you choose to come, you are welcome to watch.  One note: no electronics with built in cameras are allowed in the courthouse.  So, yeah, no iPads.  Heh.

Monday, September 10, 2012

The Blogger’s Defense Team Auction/Raffle Has Been Extended Until Friday


I told you nearly a week ago about the Blogger’s Defense Team’s (BDT’s) auction and raffle of three original prints by Chris Muir.  To remind you, it is entitled “Last Supper (America) Red v. Blue” and this is what it looks like:

Last Supper by Chris Muir

Only with a bonus: signatures!  Many of the Titans of Blogging (though certainly not all of them), have signed it.  From the BDT website:

Each 11" x 19" print has been signed by the following giants of the Blogosphere: Michelle Malkin, Glenn and Helen Reynolds (Instapundit and Dr.Helen), Bill Whittle (Afterburner), Jeff Goldstein (Protein Wisdom), Ed Morrissey (Hot Air), Robert Stacy McCain (The Other McCain), and Mandy Nagy (Liberty Chick). The Blogger's Defense Team and Aaron Walker wishes to thank Muir and each of these bloggers for this donation.

Well, due to popular demand, the auction has been extended to Friday.  So if you haven't donated yet, you still have time!

I will reiterate again how thankful I am to Muir and all of these kind people who literally created value out of canvas, all because they think my fight is important to preserving the right of free expression.  One common theme in my life is that Freedom of Expression is not simply about avoiding government suppression, but all things that might prevent a person from freely expressing yourself.  It is good when we don’t have laws preventing a person from speaking freely, but how free will our debate be if people fear private violence, being framed for a crime, being fired from their jobs (when those jobs are not in the media themselves), and being subject to frivolous suits and restraining orders if you dare cross the wrong people.

The question really being asked right now is how we are going to settle our debates.  A friend of mine once said, in paraphrase, “Brett Kimberlin is about to learn that what he has done is a very good idea, or a very bad one.”  Well, more than that everyone else is about to learn whether his tactics are a good idea or a very bad one.  If Kimberlin gets away with it, you can expect this tactic to be emulated, both on the left and the right.  Our politics will descend into a very ugly place, where our debates are not settled by facts, or logic, but by who can play the nastiest.  The goal of the Blogger’s Defense Team is to show Kimberlin and every person tempted to follow in his footsteps that these kinds of vile and even criminal tactics are a very, very bad idea.

In this way, this legal defense fund is very much like Thurgood Marshall’s NAACP “Ink Fund.”  Of course they differ in specific causes—Marshall arrayed this legal defense fund to fight racial segregation, while Backer’s Blogger’s Defense Team is organized to vindicate Freedom of Expression—but in both cases we are seeking justice in the truest sense of the word, in a cause that will benefit provide benefits not only the immediate plaintiffs, but to large portions of the American people.  So I ask respectfully that you consider donating in order to protect freedom of expression, here.

Or maybe you just want a really cool print with some nice signatures on it.

Just hopefully it won’t go to their heads...

(Always be happy warriors, people.)

Friday, September 7, 2012

BREAKING: Kimberlin Associate Liberal Grouch Tries to Threaten Patterico’s Job

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 Kimberlin has been harassing me since last December, 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.  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.

Ever since I called the Liberal Grouch (LG) on his vile conduct (see here, here and here) he has been doing his level best to perform brass-knuckle reputation management, beating his chest, claiming somehow that accurately quoting him and then expressing the opinion that his words amount to a threat, is libel.  And now he is trying to threaten the employment of Patrick “Patterico” Frey for supposedly lying about him.  More Kimberlin-style thuggery from one of his associates.

But I have long made a sardonic observation about my life: I have been blessed with stupid adversaries.

You see what LG is complaining about is not only not libelous, but LG has actually said it was not libel.

But let me back up for a moment and fill in some of the holes.  First, yesterday I wrote that LG had threatened Lee Stranahan with rape and that I suspected that this was why Lee was abandoning his home in Texas.  He does have an infant son, after all.  When he whined about my piece, I added the following update to my post:

Tune in Tonight to the Tun Tavern Patriots

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 Kimberlin has been harassing me since last December, 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.  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.

Tonight at 7 p.m. CST (which I believe will be 8 p.m. Eastern), the Tun Tavern Patriots will have me on to talk the Blogger’s Defense Team.  One of the topics of the discussion will more than likely be the Blogger’s DefenseTeam Raffle and Auction, which is still going on.  You can read about it and donate, here.  And I thank everyone who has and everyone who will.

You can find information on how to tune in, here.

And otherwise, it is a target-rich environment for topics.  The latest Kimberlin struggles?  Lee fleeing his house?  Other stuff?  I honestly don’t know, so how about all of us tune in and listen?

And bring the popcorn.

Thursday, September 6, 2012

BREAKING: Lee Stranahan Flees His Home

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 Kimberlin has been harassing me since last December, 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.  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 (IV): Thanks to twitchy for the link!  They have much more on this story.

Update: This tweet seems to verify my theory as to the cause:


More as it develops.

You might remember a few months ago that Robert Stacy McCain felt the need to flee his home in the face of Brett Kimberlin’s intimidation tactics.  Well, now Lee Stranahan has fled his home too.


I have called and tweeted to him seeking a definitive statement about the cause.  I will let you know if there is any definitive answer, but he would seem to be alluding to the recent threats of rape to himself and his wife by Occupyrebellion who is definitely a member of Team Kimberlin and the Liberal Grouch (see here and here). (Update: read where Patrick quotes LG's language and see if that sounds like a threat to you) 

And of course he has been viciously attacked by Brooks Bayne’s crew for months.

In any case, while of course I do want you to donate to my Blogger’s Defense Team auction/raffle, I am honor-bound to promote Lee’s plea for a little financial help.


And remember folks, this is a sign we are winning.  They would not resort to these kinds of tactics if they thought they were winning.  This kind of lashing out is a sign of their ultimate impotence.

Update (II): Once again, Liberal Grouch doesn’t like being called on his own language.  Here’s what I considered a rape threat:

But maybe it would be nice for a pro-rape asshole such as yourself to understand the fear a woman faces at the concept of rape.

How many men do you figure it would take to hold you down, Stranny.

I bet one could do it.

As I wrote the other day when Occupyrebellion was making threats against Lee:

Threats don’t have to be “I plan to do X to you” or “do this or I will do X.”  For instance, in Virginia v. Black, the Supreme Court held that merely burning a cross on another person’s yard can be interpreted as a threat, given the historical meaning of the act.  Twelve people of common sense can recognize that even if the magic words are not said, some words are intended as a threat.  In other words, the law is not an idiot.

I think certainly speculating about how easy it would be to rape a person qualifies as a threat.  That’s my opinion, my conclusion based on the facts which I cited.  And just because there is cause to think LG himself can't carry it out, doesn't make it less of a threat. It just suggests he would have to recruit someone else to do it. And indeed Lee was concerned enough about this and other threatening conduct to abandon his home.

The fact is the Liberal Grouch and Occupyrebellion have slipped up.  It is never wise to threaten another or to talk of harming another, even if you don’t mean it.  Seth Allen learned this the hard way back in 2011 (he didn’t technically threaten, but he ruminated about harming Kimberlin), and now they are about to learn this as well.  How long will Occupyrebellion remain anonymous now?

Tick, tick, tick, as Mr. Hoge is wont to say.


Update (III): I meant to say this in the post, but I will add it now.  I spoke to Lee the other day about their claim that he was somehow “pro-rape.”  I knew him and his accusers well enough to assume it was not true, but I had no idea how Orwellian the charge was.  According to Lee, Occupyrebellion started accusing him of supporting rape when Lee was responding to the Akin “legitimate rape” controversy.  By Lee’s telling all he did was point out how common actual rape is in the Occupy protests.  So by his telling, he was not only not making a pro-rape comment, he was making an anti-rape comment (showing more concern for the real thing than someone's words about it), and their dissembling about the Occurape problem at best downplays a serious problem.  Which is not the same as bring pro-rape on their part, but it is certainly not taking the issue as seriously as it deserves to be.  Rape, as with any violence, should be a non-partisan issue.

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.

Tuesday, August 14, 2012

Today at 3 p.m. Eastern, I Talk with Lee Stranahan About Brett Kimberlin

This is the latest post in what I 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: Let me finish the thought I had been trying to get out when Lee ran out of time.  I know a lot of people have been hurt by this crew.  There are many people hoping that they can finally get justice with the story having erupted as it has.  Let me submit to everyone hurt by Team Kimberlin that my suits against Kimberlin, Rauhauser and Brynaert represent the best chance to get justice for everyone hurt by them.

I know that sounds like I am being self-centered, but let's try to look at this objectively.  In most of the other cases, we have a problem of proof—showing exactly who did what to whom.  That is not to say I am doubting any of those stories, but you need solid proof in a court of law.   By contrast, we know Kimberlin tried to frame me for a crime.  We have the video and we have the transcripts, criminal complaints and so on, where he lied under oath about the incident.  There is no question on this point.  And we have Rauhauser and Brynaert dead to rights conspiring with Kimberlin to defame me, interfere with my business and so on.

So because the proof is so strong here, this litigation represents the best chance to bring all three men to account, which is precisely why I am pushing it.  And who knows?  In the process of litigating it, maybe some light and indeed some proof of the other wrongs they have committed will come to light.  Other lawsuits might follow based on the information we uncover.  It is indeed exactly why I felt it was more important for me than anyone else to go public with what they did to me, because I recognized that this was the best chance in a long time for anyone to bring them to justice.

And here’s the other thing.  They know it, too.  That is why they have been working so hard to destroy me and everyone who is helping me.

So I am asking for everyone's support, both moral and yes, financial.  Some say we should not suggest that justice can be bought.  Well, it can’t be bought, but it does cost money.  So if you are a victim of Team Kimberlin, or you are just someone who cares about justice, please give to the Blogger’s Defense Team on the right and please try to convince others to do the same.

And I thank everyone who has done so and everyone who will do so.

---------------------------------------

My good internet friend Lee Stranahan is going to have me on his radio show at 3 p.m. eastern time.  He wants to talk about what has been happening in the Kimberlin saga, and about my book!  You can listen in by going here.

There is going to be light blogging for now because I am doing some writing that is not intended for public consumption... yet.  Still, if you listen and want to help hold Team Kimberlin to account, please donate to the Blogger’s Defense Team on the right.  If you want to see Kimberlin be forced to comply with discovery requests, and so on, hit the freaking donate button!

Wednesday, August 8, 2012

The Blogger’s Defense Team Goes on the Offensive Against Team Kimberlin (Update: Instalink!)

Update: Glenn Reynolds links and declares "He chose... poorly."

Well, I have long argued that his choice of targets was influenced by bigotry.

And long-time blog ally Blazing Catfur has linked as well.  Catfuralanche?


Update (II): More linkage from Hogewash, Patterico, and Twitchy.  Cool.

Yes, please hit the freaking donate button!!!

We now resume the original post as is.

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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.

That’s the upshot of the latest press release from the Blogger’s Defense Team, a group I introduced about a month ago.  This is not a picture of them:


(Always be happy warriors, folks.)

This is a basically an initiative led by Dan Backer and his firm designed to defeat this threat to Freedom of Speech represented by convicted terrorist Brett "Speedway Bomber" Kimberlin, Neal Rauhauser, Ron Brynaert and others through litigation.  And in today’s press release they are pushing forward on the Virginia suit I shared with you.

There are several things you can pick up from today’s press release.  First, remember on Monday when Robert McCain revealed the defamatory emails sent by Neal Rauhauser to various members of Congress?  In his post, McCain noted that Darby was threatening to sue Rauhauser and Glenn Reynolds had this observation: “the discovery process should be productive. . . .”  Funny you should say that, Mr. Reynolds, because the discovery process has already begun in my case.  Kimberlin has been served with discovery and has twenty-one days in which to comply.

And we won’t be revealing what we served on him just yet, but I have seen it.  I chuckled at the sight of it.  He’s going to hate every minute of this.  He has plainly screwed with the wrong people.

Second, while Brett Kimberlin has improperly answered my complaint at least he answered; both Ron Brynaert and Neal Rauhauser have ignored it, which is never a wise thing to do when you are being sued.  This is despite the fact that they have actual knowledge of the lawsuit and indeed Brynaert was all over twitter in February beating his chest about how he looked forward to fighting this suit.  So we have moved for a default judgment against both of them.

Third, the Blogger’s Defense Team don’t emphasize this too much but we do need to raise more money to keep this suit going.  Do you want to see if Brett Kimberlin has the gonads to commit perjury in Virginia, where they might not be so lenient on convicted terrorists?  Then please donate.  It’s the first button on the right, or just go to their site.

Anyway, you can read the entire press release, here.  Or read below the fold:

Tuesday, August 7, 2012

Brett Kimberlin’s Associate Neal Rauhauser Defames Me, Again

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.

So tonight over at Stacy McCain’s site they have published emails sent by Neal Rauhauser to various government officials including Congresswoman Sandy Adams.  You might remember that Neal Rauhauser has been described by convicted domestic terrorist Brett Kimberlin as an “associate” of his, and that Rauhauser described himself as a representative of Kimberlin’s and Brad Freidman’s Velvet Revolution.  More positively, you might remember that Ms. Adams actually released a statement about my SWATting on the night of the event, which was very cool of her.  She is asking for your help in her current race, an effort I heartily endorse.

Anyway, I’ll leave most of the response to others, but let me make a few points.  In this deluded and factually-challenged email by Rauhauser, he suggests that he believes that Brandon Darby—a Breitbart-connected blogger—is the SWATter.  So you might be interested to know what I, a victim of this crime, think of that accusation.

Now I have to confine what I am about to say to the prior three calls.  I have been asked by investigators not to speak about what I know about the fourth SWATting call.  But they didn’t say I couldn’t express an opinion about the prior three.  Rauhauser makes much of the fact my call hasn’t been released, but this is a different jurisdiction with different preferences about how to go about this stuff.

But with that caveat, let me say it again.  I do not believe that Brandon Darby SWATted any of the prior victims.  Again I can’t say anything about my own call, either to support him or not.  And I will stress that this is my belief based on listening to Darby’s voice and listening to the first three SWATting recordings, but I do not believe it was him.

Anyway, so I will let other people pick apart the crazy in the rest of the emails, but I wanted to focus on the part about my life.  Let’s count the factual inaccuracies, shall we:

Aaron Walker, Manassas Virginia, June 25th
Walker was outed as the operator of the Islamophobic Everyone Draw Mohammed blog...

Except the blog was actually a free-speech, anti-terrorism blog.  And phobic?  Is he denying that there were people threating artists with death if they dared to depict Mohammed—even in the most benign way?  Or does he just think this is not a problem?

…January of 2012, he was arrested for assaulting Brett Kimberlin on January 9th at a contempt hearing for Seth Allen,...

Oy and the factual inaccuracies are coming in fast and furious, here.  First, I was not arrested on January 9, or on any other date, in connection to Kimberlin’s assault charge.  Second, you all know by now I didn’t assault Brett Kimberlin and his claims that I did assault him are contradicted by video evidence.  And third, Kimberlin didn’t even allege that I assaulted him at the hearing—it was supposedly after.

...whom either he or Frey had been guiding to smear Kimberlin.

Which isn’t true, either.  In case it isn’t obvious, no one controls Seth Allen.

…He was arrested again for a peace order violation in June,...

Except 1) I didn’t violate the peace order, and 2) I was arrested in May.  You should know that, Neal.  You were there.

…and this triggered the massive “Everyone Blog About Brett Kimberlin” smear, publicly announced by Lee Stranahan and promoted by Ali Akbar/National Bloggers Club.

Which is really amazing, because this is proof that Lee and Ali are time-travelers.  I mean how else can you explain how my arrest on May 29 on Kimberlin’s second set of false charges would cause Lee to announce several weeks before that May 25th was Everyone Blog About Brett Kimberlin Day?  I mean it’s either that or Rauhauser is an idiot who cannot keep track of events he actually lived through.

Or so I thought, until exclusive to this website, we got this photograph of Lee and Ali together with their special DeLorean...

Thursday, July 12, 2012

Saxby Chambliss Urges More Action From Holder on SWATting

I was just about to go to bed, when I saw this via Insty at the Georgia Tip Sheet:

U.S. Senator Saxby Chambliss strongly criticized the Department of Justice on Wednesday for its “notably silent” response to a string of anonymous pranks wherein authorities have been dispatched guns ablaze to the homes of conservative commentators after bogus shooting claims.

Aides to the Peach State pol circulated a letter he sent earlier in the day to the nation’s top law man, Eric Holder, bearing an unusually firm hed: “Chambliss slams attorney general for insufficient response to SWAT-ting.”

As they say, read the whole thing.  And below the fold, I have embedded his letter.

Saturday, July 7, 2012

Exclusive: Transcribing the Audio from Thursday’s Hearing in Kimberlin v. Walker

This is a follow up to this post; so I suggest you read there, if you have not been following along.  But let me give you the basics in the background.  Last Thursday, July 5, 2012, I had a peace order hearing against Brett Kimberlin.  This was what we call a de novo appeal—a whole new trial—of a district court decision granting Kimberlin a peace order that not only forbade me from going to his house or his employment (which I never tried to do, anyway), and from contacting him as the term is ordinarily understood (directed communications, such as phone calls, letter, email, text message, etc.), but Judge Vaughey then went even further into truly unconstitutional territory:

Respondent shall not contact the [petitioner] in person, by telephone, in writing, or any other means. And “any other means” is putting it on a blog, a Tweet, a megaphone, a smoke signals—what else is out there—sonar, radar, laser.  Nothing.

All of this was based on the theory that writing bad things about Brett Kimberlin on the internet was inciting others to violence.  The district court drew this conclusion explicitly rejecting Supreme Court precedent that requires, among other things, that the person accused of incitement actually has to advocate for violence or other lawlessness, something I have never done.

As I outlined in a series of posts called “The Story I Couldn’t Tell” (introduction, Part 1, Part 2, Part 3, Part 4 and Part 5) this was flagrantly unconstitutional, and I so argued in a motion for a stay I filed almost two weeks ago, which was promptly granted by Judge Rupp.  And it is worth noting that after that victory I was SWATted—that is, someone called in a false report to emergency services claiming to be me, claiming I had shot my wife, with the hope of prompting a dangerous police response.  There is much more in the prior posts on all of these subjects and about the day of, but that should be enough for you to follow along.

So Friday, I took a drive to Rockville, Maryland, and obtained copies of the audio from yesterday’s hearing.  Now, first, court rules prevent me from just uploading the audio and letting you listen.  This is unfortunate, because mere text will never convey just how angry Brett Kimberlin was at one key moment.  Indeed I really wish we had courtroom video so you could see his body language.  But perhaps the other journalists there, David Hogberg and John Hoge* can back me up on the key parts.

Second, I am not crazy enough to transcribe every word, but I will give you some important parts.  I transcribe a lot of it, but not all of it.

Third, I will note that I am not a professional transcriptionist.  I am just a guy listening and doing his best to capture what is heard.  There might be subtle conventions of how transcripts are made that I miss, and I simply might hear things differently.  For instance at a key moment there is so much cross talk, I didn’t know how to capture it.  When I get the transcript, I will upload it myself, and I will almost certainly defer to it as the definitive version of what was said, unless there is a particularly egregious and material mistake.  But I also promise you that I will make my transcriptions as accurate as possible and my mistakes will be honest ones.

And I will note that I generally left out the ums and ahs and just plain stuttering that occurs, in everyone’s speech involved, making this a relatively clean read.  Sometimes a person would say fully formed words in very incomplete ways, and I captured that as best I could so you could decide for yourself what you think they were trying to say, because it does create some ambiguity.  But other than that I cleaned up everyone’s speech, including Brett Kimberlin’s.  And on very rare occasions, I will add words in brackets to further clarify what I think is being said.  I will not delete or substitute words in that fashion, though.

But using that recording, I am going to give you the most complete version of Thursday’s events so far, and I am even going to correct a couple errors I had made.

For starters, the hearing actually took about an hour, not forty five minutes.  I had thought it had started at 11:00 a.m. and went to about 11:45.  It actually started at 10:50 ish, and went to 11:50ish, give or take a few minutes.  And my line in the last post about Kimberlin claiming that The Army of Davids was some kind of “extremist Christian militia” was wrong.  He called them a “Christian group” with the “extremist militia” part being implied, rather than being stated outright, as you will see.  I apologize for the error and particularly apologizing to anyone who relied on it.

But let’s dive into the hearing itself.  All of this is in chronological order.

Thursday, July 5, 2012

Just a Reminder: Team Kimberlin Still Wants to Ruin My Life

Ken at Popehat is right to mock @OccupyRebellion for her “delicious tears” in her twitter feed following Kimberlin’s loss this morning.  You know how to read this—from bottom to top:

Today in Circuit Court, Brett Kimberlin Lost and the First Amendment Won...

...and the Army of Davids is scary!

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Update: Talking with friends tonight, something came back to me that I forgot about.  At one point in the hearing Kimberlin made an odd statement.  He said he couldn't get the police to come out to his house, without a peace order.  Is it possible that he has made so many silly or false calls to the police that they have stopped taking his calls seriously?  That maybe they have flagged his number?  That's just speculation on my part: I don't expect to have an answer to that question, soon.


Update (II): Please note that I make a mistake below.  Kimberlin did not say The Army of Davids was an "extremist Christian militia."  He only called them a "Christian group" and suggested they were some kind of militia. I appear to have inserted my interpretation of his words into my memory of what he said and for that I apologize.  I explain more, and give you the full quote and its context, here.

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Well, with concern for the weather I missed the fireworks last night, but there were plenty of them today at my hearing against Brett Kimberlin.  And like the last time I went to circuit court, the judge found that Kimberlin’s presentation was so poor that I didn’t even have to put on a defense.  I will even share with you the court’s official findings in just a minute.  But first to set the stage a little bit...

Yesterday, I finished with my five part series “The Story I Couldn’t Tell” (introduction, Part 1, Part 2, Part 3, Part 4 and Part 5), and you may wish to read that series to get a more fulsome understanding of what was going on in this case.  In the last segment I pointed out that the next chapter was being written today and so it was.  Fortunately this story had a very happy turn.

Today in Montgomery County Circuit Court they heard the de novo appeal of Kimberlin v. Walker (II).  As I stated in Part 5 of that series, Judge Vaughey had fastened upon me a peace order on the theory that I had incited others to unlawful action directed towards Kimberlin, by writing at my blog and on the internet that Kimberlin had engaged in reprehensible conduct—namely that Kimberlin had attempted to frame me for a crime—to a general audience and that was enough to find I had incited others to allegedly threaten and harass Kimberlin, and thus I was forbidden from talking about Kimberlin on twitter or my blogs for six months.  Consider for one moment how much of modern journalism involves saying that people have engaged in reprehensible conduct and you will realize pretty quickly that this could not possibly be the law.  In fact, in Brandenburg v. Ohio, the Supreme Court laid out the Constitutional test for incitement:

the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

In the district court, when I tried to bring up Brandenburg, Judge Vaughey said “Forget Brandenburg. Let’s go by Vaughey right now, and common sense out in the world.”  And having refused to follow controlling Supreme Court precedent, Vaughey proceeded to impose a flagrantly unconstitutional peace order.

By comparison, when my attorney presented a motion for a partial stay of this unconstitutional peace order, Judge Rupp was the duty judge—the same judge Rupp who was present in the January 9, 2012 hearing that was followed by the “iPad incident” (read here to get the whole story).  Back on May 17, I wrote this assessment of Judge Rupp’s performance on January 9th:

Wednesday, July 4, 2012

The Story I Couldn’t Tell, Part V: The May 29 Hearing and Letting Freedom Ring

Update: I made an embarrassing typo when I said that the National Bloggers' Club had given me "$5,0000" so far.  Of course that is one zero too many and it has been fixed.  Thanks to Dustin for pointing out the error.

This is the fifth and final post in a series 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.  In the fourth part, I talked about how he filed false charges that I violated the peace order, and obtained a warrant for my arrest.  And that finally brings us to the hearing of May 29, my arrest and Independence Day.

Of course I didn’t know that Kimberlin had filed these criminal charges and had obtained a warrant for my arrest.  I did sense that something was strange as Kimberlin pointed me out to a woman who was there (I believe she was a victim’s advocate, who apparently never thought to check her “victim’s” story or get the other side of the matter), but I spent most of the day concentrating on my presentation.

I have gotten some criticism for representing myself.  I won’t say I was the most stellar advocate.  Not all lawyers are trial lawyers, and I know I am not one of the great ones yet.  I hope to change that with experience.  But at the same time, I think I did an adequate job.  I don’t believe I lost because of a poor presentation.  I believe I lost because the judge disregarded the law, and it is hard to see how a more experienced lawyer could have forced a judge to follow Supreme Court precedent.  But maybe that is just my ego talking; I report, you decide.

But there was a more basic reason why I didn’t hire a lawyer.  You shouldn’t have to hire a lawyer, damn it—doubly so when you are unemployed.  You shouldn’t have to pay money in order to maintain your freedom.  That’s not freedom!  Judges in the district courts should have been sufficiently solicitous of the First Amendment that they should not have allowed a man like Kimberlin to penalize a person for protected speech.

But I don’t want to get into another rant about the short-comings of the district court system and how it can be improved.  If you are curious about how I would improve things, there, read this post.