("Let me at 'em! Let me at 'em! I'll sue everyone! I'll sue the entire internet if I have to!")
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.
Wednesday, October 23, 2013
Brett Kimberlin Accuses Himself of Obstruction of Justice (Part 3): Judge Jordan, Time Traveler?
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 for over a year, 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.
So this is the third part of a series I have written about the numerous proven lies Brett Kimberlin has told in his silly RICO complaint against me and numerous others. You can read the first and second parts here and here. The reasoning for this exercise is as follows. Brett Kimberlin has theorized that lying to the FBI is criminal obstruction of justice under various federal statutes. Bill Schmalfeldt has claimed that the complaint or a document substantially similar to the complaint has been delivered to the FBI for the purpose of opening a RICO investigation (oddly, no one from the FBI has contacted me about the complaint...). So if 1) lying to the FBI is criminal obstruction of justice and 2) Brett actually turned over this complaint or something substantially similar to the FBI, then he provably lied to the FBI and therefore, according to his own legal theory, committed obstruction of justice.
Now a few people on twitter and in comments have asked something to the effect of “why are you tipping your hand?” But the thing is, I am not. First, these are lies, which means that 1) they are factual assertions, 2) that are untrue, and that 3) Brett knows they are not true. I mean that is the difference between merely being wrong and lying—that the person knows it is untrue. So, logically speaking, I am not telling Brett anything he doesn’t already know.
And it serves a valuable purpose. It helps in the PR “war” over this, because any logical person concludes that “if Brett Kimberlin is lying to us about things we can prove are lies, why should I believe him on the stuff we don’t know, one way or the other?” And it gives rise to the quite reasonable (and correct) deduction that this complaint is ultimately frivolous and filed solely to harass.
Now, on the other hand, I will not be talking about the quite laughable legal errors in Kimberlin’s document and I ask once again that no one point out his legal errors. After all, we don’t want to educate Scrappy Doo:
So let’s get to today’s mendacious language from the complaint. On page thirteen, paragraph fifty six of the amended complaint he writes (please note that all grammatical errors are in the original):
Defendants conspired to intimidate State Attorneys in Montgomery County and Howard County Maryland, and Judge Richard Jordan and Judge Cornelius Vaughey in Montgomery County after they rejected Defendants’ false narratives. Specifically, Defendant Walker defendant Walker defended Seth Allen’s online attacks of Judge Jordan, and then Defendant Walker, using the pseudonym Aaron Worthing, filed pleadings for Mr. Allen defending those attacks.
That’s only part of a paragraph (the next line concerns itself with Vaughey), but there are a ton of lies packed in just that part and I don’t want to take on too many lies at once. There are other lies in that very same paragraph I will address in a future post
Well, first, we have never intimidated state’s attorneys or judges anywhere, period (and thus, logically, didn’t conspire to intimidate them, either).
In regard to the state’s attorneys, we have protested what we considered wrongheaded decisions in choosing not to prosecute Brett Kimberlin and Bill Schmalfeldt for their conduct, asked those officials to change their minds, and asked other people to communicate the same messages if they happened to agree. That is not only not intimidation but it is conduct that is specifically protected by the First Amendment, guaranteeing the people the right to petition the government for a redress of grievances. We are allowed to tell the government when we think they are doing the wrong thing, including if they are failing to prosecute what we consider to be criminal conduct. If that is intimidation, then the Trayvon Martin’s family has intimidated officials in Florida (and to my knowledge, they haven’t).*
As for the Judges, as I will show in a moment I have not even criticized Judge Jordan. As for Vaughey, for the most part I will focus on what Brett claims we did to Vaughey later in another post, but I will say I have only criticized his ruling which ignored controlling Supreme Court precedent by name... as did Judge Rupp, when he overturned it. You know, because District Court judges in Maryland can’t ignore controlling Supreme Court precedent, especially when it comes to what kinds of speech are protected. But that is all I did: criticize his ruling, which is something lawyers do in and out of court all the time. I never said anything that could be remotely characterized as intimidation of the judge.
And as for the proof of that, I ask anyone to show me one word I have written or said that constitutes intimidation of any of these people, let alone conspiracy to intimidate.
Second, he is lying when he says “Judge Richard Jordan... rejected Defendants’ false narratives.” The allegedly false narratives Brett has cited include 1) that he got me fired from my job, 2) that he tried to frame me for a crime, 3) that he was involved in SWATting. So pretending that all three are false, here is the key: none of those narratives were in front of Judge Jordan. He didn’t rule up or down on them, because they were not in front of him. For instance, I was fired effectively on January 9, 2012. Judge Jordan’s last hearing in Kimberlin v. Allen was on November 14, 2011. A different judge was involved in the case on January 9, 2012. And of course January 9 was the first day in Kimberlin’s attempt to frame me for a crime, and my SWATting occurred many months later. None of our “narratives,” false or not, were before Judge Jordan, period. Does he think Judge Jordan is a time traveler? Although he was seen driving around town in this car...
Oh my God...
Third, I have never defended Seth Allen’s online “attacks” of Judge Jordan (and even if I had, it would not be criminal to do so). First, I am not even fully aware of the breadth of what Seth Allen has said about Judge Jordan, but I have seen him criticize Jordan harshly. It’s protected speech, but like many things you have a legal right to do, it was a poor decision. That’s not to say one can never criticize a judge (after all, I just got finished saying that I criticized Vaughey), but if you do, you should almost always make your criticism temperate, and you should back it up with facts and/or the law. The criticism that I saw from Seth was just angry venting and not persuasive. I think in all frankness it shouldn’t have been said and risked harming his cause for the cheap thrill of venting online.
Indeed, if you search for “Jordan” on my blog, here are all the references to the Judge (excluding instances where I was merely quoting where Brett was talking about him).
First, in this post discussing a protective order hearing between Brett Kimberlin and his wife, I wrote two passages mentioning Judge Jordan. First I wrote an analysis of Jordan’s prior encounter with Brett Kimberlin and rather than criticizing him, I opined that I believe the judge had figured out what was really going on, writing:
This suggests—but does not prove—that Judge Jordan didn’t believe that Brett Kimberlin actually had been defamed at all.
For the record, that means I believe that Judge Jordan was demonstrating appropriate insight. That is actually, technically praise of the judge, not criticism, let alone an “attack” or the defense of an “attack” by another. In the same post I also wrote this:
[Kimberlin] also falsely stated, again, that I had assaulted him, and he falsely stated that I had threatened Judge Jordan and other wild accusations. I don’t believe any of this improved Brett’s credibility and that was without me having a chance to speak up for myself.
Second, in this post, I discussed an alleged death threat by Seth Allen (more on that another time) and explaining that it had nothing to do with Kimberlin v. Allen, writing:
That “death threat” was not in fact part of the suit at all as Judge Jordan indicated twice in the November 14, 2011 hearing, first in this exchange...
I go on to quote Judge Jordan explaining to Brett that the alleged death threat was not part of his suit against Mr. Allen.
Third, in this post, I responded to Brett Kimberlin’s mischaracterization of Judge Jordan’s ruling. The judge issued an injunction against Seth Allen telling him not to defame Brett Kimberlin and tortuously interfere with his business. But before he issued that injunction, he made an off-the-cuff remark where he recommended that Seth just leave Brett alone and blog about other things. But Brett repeatedly and falsely claimed that this advice was part of the order. So first I quoted from a letter where Brett said:
I want to be left alone. That’s what Judge Jordan told Seth Allen to do, but he refused to comply with that order...
And then in my fisking response, I wrote:
Really, Brett? That was an order and not just a recommendation? Can you prove that? Because I don’t trust you to even know the difference let alone to be honest about it.
And indeed I am not the only one who interpreted Jordan’s remarks as merely a recommendation and not an order. This is an exchange between Judge Rupp and Brett Kimberlin, on the January 9, 2012 hearing:
THE COURT: Well, the order says he's to enjoin permanently from engaging in tortious conduct constituting defamation of or interference with business relations of the plaintiff, Brett Kimberlin.
MR. KIMBERLIN: Right. Uh-huh. And so --
THE COURT: So what is it that he's done that leads you to believe he's violated this order?
MR. KIMBERLIN: And, you know, at the time, Judge Jordan was very clear to him. He said “I want you to leave this man alone. I want you to quit blogging about him. I want you to quit talking about him.” And I can read you from the transcript, if you want. It's on page 7.
THE COURT: It's one thing to say that --
MR. KIMBERLIN: No.
THE COURT: -- but this is what's ordered here.
MR. KIMBERLIN: 1 I know, but I --
THE COURT: Defamation, interference of business relations.
MR. KIMBERLIN: Right.
THE COURT: And to talk about somebody doesn't constitute[e] defamation.
In other words, if it wasn’t in the order, Judge Rupp wasn’t going to enforce it. And Judge Jordan wouldn’t have either.
So where in any of that is my supposed defense of Seth’s “attacks” (which presumably merely means “criticisms”) on Judge Jordan?
Nor did any of my filings (which I pointed out in part one were not submitted for Seth Allen but for myself and to protect my own interests) even talk about Judge Jordan. The only appearance Judge Jordan makes is in any of them is in my motion to quash as an unnamed judge in the transcripts of the November 14, 2011 hearing and those were only quoted to show evidence that Brett Kimberlin had lied to the court.
Because the truth is I don’t have very much of a problem with anything Judge Jordan did in that case. To the extent that I have investigated what he did in this case, he didn’t do anything radical or wrong. I didn’t say that out loud before now, because it is uncomfortable to criticize a former client. But it has always been my assessment and I suggest that any lawyer reading what Seth wrote would think the same thing: that his criticism was unjustified. The reality is that Seth Allen always wrongly scapegoated Judge Jordan for Seth’s own failure to protect his own legal interests. Once Seth Allen defaulted, Judge Jordan didn’t have many options and as I indicated above, I believe Judge Jordan did decide by the end of the case that Seth probably hadn’t defamed Brett Kimberlin at all and thus only awarded nominal damages. Seth Allen’s anger was entirely misplaced, which is a recurring theme with him, being angry at those who tried to help him as best they could, instead of the people who were doing everything they could to harm him.
Oh and of course he mendaciously states that I was filing briefs anonymously, without noting that the judge had given me permission to do exactly that, and thus trying to make the judge believe I did something improper.
So let’s review, including the lies from the previous posts, with the new lies being underlined:
Lie #1: claiming I filed anything for Seth Allen or helped Mr. Allen to file anything himself (repeated in the passage featured today.)
Lie #2: claiming that I filed anything “attacking” (including criticizing) any of the judges in Kimberlin v. Allen.
Lie #3: claiming none of the Defendants have ever contacted him for comment about the SWATting story.
Lie #4: claiming I have intimidated anyone, ever (and necessarily that anyone “conspired” with me to intimidate anyone).
Lie #5: claiming that Judge Jordan rejected our allegedly false narratives.
Lie #6: claiming I have defended Seth Allen’s “attacks” on Judge Jordan (which as best as I can tell were just criticisms, albeit intemperate, ineffective and ill-advised ones).
Mendacity #1: when he gives the impression that I intervened in Kimberlin v. Allen out of the blue and motions on my own initiative when in fact each and every one of them were filed in response to some action Brett took directed at me. I have no standing to intervene, otherwise.
Mendacity #2: when he fails to note that he instructed many of the defendants not to harass him, which includes unwanted contact making it more difficult to contact him for a response to the SWATting story.
Mendacity #3: when he pretends his denials have any value whatsoever. If his denials are meaningless then why is it even relevant whether we contacted him to obtain it?
Mendacity #4: when he pretends that I did anything improper by filing motions in Maryland anonymously, when I was given specific permission by the court to do exactly that.
Be sure to tune in tomorrow for part four.
* As I have often said, while I do not agree with the decision to prosecute George Zimmerman in the first place, and I don’t agree with the Martin family putting pressure on Florida officials to seek such prosecution, I have always recognized the family’s God-given right to do so.
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 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.
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.
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