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 legal craft. Show all posts
Showing posts with label legal craft. Show all posts

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

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.

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:

Thursday, September 6, 2012

Breaking: Federal Case Reopened

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.

Presented without comment:



And expect the Blogger’s Defense Team Website to have a comment on it soon.

Wednesday, September 5, 2012

Convicted Terrorist Brett Kimberlin Doesn’t Want to Play Anymore; In Court Today John Norton Clears His Name


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.

So today John Hoge of Hogewash and I took a field trip to watch the Kimberlin v. Norton hearing.  But let me take a moment to fill in some of the back story.  On June 15, 2012, something happened.  To hear Kimberlin tell it, Norton was lurking in his bushes when Kimberlin went to pick up his daughter from a friend’s house.  Of course all allegations from Kimberlin are presumptively false and indeed this allegation sounds just too clichéd.  I mean lurking in the bushes?  Really?  It sounds like something from a Michael Jackson video where he depicts the press as evil hound dogs...

Tuesday, September 4, 2012

The Blogger’s Defense Team Auction and Raffle Begins Today

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: I accidentally misspelled the name of the piece.  It is “Last Supper” not “Last Summer.”  Do’h.

And I want to thank Blazing Catfur, Protein Wisdom and Hogewash for the links.  (I’ll add more without a separate update when I get them.)  And of course thanks to all the nice people who have been tweeting it out twitter.


You might have heard from other places about the extremely generous donation by Chris Muir of day-by-day.  He previously made cartoons like this:



Well, he has created three copies of a print called “Last Supper (America) Red v. Blue.”  This is what it looks like:

Last Supper by Chris Muir

Then he asked many of the Titans of Blogging to sign it and they have.  From the site:


And now you can get a copy of the print in one of two ways.  Two of them will be raffled off.  The third will be auctioned off.

And all proceeds will go to the Blogger’s Defense Team.  That would be the donation site created by Dan Backer to defray the legal expenses related to fighting off Brett Kimberlin and company’s attempt at lawfare against me (see, e.g. here).  As I have said before, Kimberlin has victimized many people, but in my situation, we have the best single chance to hold Team Kimberlin accountable to come along in a long time, if only because I have this powerful evidence against him:


In this sense, Backer has created something akin to the NAACP’s “Ink fund” which helped tear down racial segregation.  This litigation is designed to vindicate our sacred right to freedom of expression and as such represents a just cause.

Because what is at stake here is nothing less than the terms of our national discourse.  Do we want our national debates to be settled by logic, facts and argument?  Or do we want it to devolve into who engaged in the dirtiest tricks, used the greatest amount of intimidation, and the most criminal conduct?  If Team Kimberlin is allowed to get away with what they have done to me, then others will seek to emulate him, both on the left and the right.  Is that a nation we wish to live in?

So if you want to contribute to the cause—or if you just want a truly unique keepsake—go to this site and donate, purchase a raffle ticket, or just bid.

And let me say something else.  No one has ever had an obligation to cover this story or to help me in this cause.  Before I first came out with my story, I honestly didn’t know if very many people would care.  The outpouring of support has been a pleasant surprise and is deeply appreciated.

So I want to thank publicly every single person who donated to this—Mr. Muir for his artwork, and Mrs. Malkin, Mr. and Mrs. Reynolds, Mr. Whittle, Mr. Goldstein, Mr. Morrissey, Mr. McCain (no, not John McCain, the other one), and Mrs. Nagy for their signatures.  Many of these kind people have actually become my friends because of this ordeal.  And whether they are friends or respected acquaintances, all of their help is appreciated.

And for those who have or are about to donate, I thank you, too.

Exclusive: Brett Kimberlin Shows His Contempt for the Maryland Court of Appeals

Or: "How Brett Kimberlin Tried to Get Another Person Killed"

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 massive as my monster post was back in May, there were things I left out just because my story was long enough already.  Today we fill in another piece.

In April, Brett Kimberlin lost his first petition for a peace order on appeal.  That much you know.  You can read the transcript below but experienced lawyers can tell you that a number of things happened in that hearing.

First, Kimberlin stumbled all over the rules of evidence requiring authentication.  He kept trying to introduce writings allegedly by me (as well as hearsay), but he didn’t understand that he had to first prove to the court that I actually wrote them.

And then Kimberlin foolishly rested without asking me to authenticate the documents that were allegedly by me.  (I didn’t highlight this mistake when discussing the case because I hoped he would continue to make that mistake.)  At that point, my able attorney, Reginald Bours III stood up and said:

I’m going to ask that you [the court] make a finding now that the petitioner [Kimberlin] has not met, even initially, the burden of proof required under the statute.

In other words, Bours felt that Kimberlin’s presentation was so feeble that a defense was not necessary.  Every person is presumed not to have violated the peace order statute until they have been proven by the petitioner to have done so.  And further, an appeal to the circuit court it is a trial de novo, which means it is an entirely new trial, with the presumption I am “innocent” until proven “guilty” just like in the first trial.  (Or more precisely they presume I did nothing justifying a peace order until Kimberlin proves I had.)  The court agreed and dismissed the petition.

Kimberlin had foolishly assumed that my attorney would automatically put on a defense and call me to the stand, giving Kimberlin the opportunity to authenticate whatever writings he believed was harassing.  So when my attorney asked for a ruling that Kimberlin had put on such a poor case that no defense was necessary (and it was granted), he effectively prevented Kimberlin from introducing any evidence of my supposed harassing writings.

And of course it is worth noting that Kimberlin did not make the same mistake in the July 5 hearing.  (Which is why I feel free to point out this mistake now.  I will hold back details when revealing them will help Kimberlin abuse the system more skillfully.)

So, then after that, Kimberlin filed for a stay of the decision, pending appeal.  And I will let it speak for itself:

Monday, September 3, 2012

Breaking: Liberal Grouch Threatens Me With Lawfare (Updated)

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: Oh my, this is getting comedic.  The Liberal Grouch has emailed me again with even more ALL CAPS.  I think I might have even seen an “eleventy” in there somewhere.  Anyway, most of it is more of the same but a few colorful highlights.

First, he bizarrely claims I said he is faking his disability.  I said no such thing.  I have no doubt he has Parkinson’s but it is obvious that this doesn’t prevent him from blogging and tweeting in any relevant manner.  My post focused on that online behavior and thus doing a disability minstrel show before a court is not likely to elicit sympathy, especially after he threatened to do exactly that.

Second, his email grants me an absolute defense to his charges of defamation.  But first I have to educate this man, who claims to have been a journalist for some three decades, what “actual malice” is in the law.  From NYT v. Sullivan:

with knowledge that it was false or with reckless disregard of whether it was false or not.

So he has to prove that my asserted facts—and not my opinions or conclusions based on acknowledged facts—are written with knowledge that they are false, or with reckless disregard for the truth or falsity of it.  And that is important because he also wrote this:

Seventh.  I deleted the post because I thought better of it after I cooled down.  I knew some dickhead would likely misconstrue it, much in the same way as you right wingers lie about everything else.  The fact that you have a screen cap of it is happenstance.

So he just admitted that we would misunderstand his intent.  And now he is mad at me because... I supposedly misunderstood his intent?  Well, that would seem like a complete defense, wouldn’t it?

And of course the only evidence that I misunderstood him is... his word that I have misunderstood him.  He had no good reason to expose Lee’s address.  And I am allowed to conclude that it was a bullying tactic and he is simply upset at me for calling him on it.

We now resume our original post, as is.

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

So today I get an email from Liberal Grouch (hereafter LG) threatening me with lawfare.  This was all related to a post I wrote here, where I said (updates included):

Of course the other day Occupyrebellion threatened Lee Stranahan’s wife—a threat that Joe Brooks documented had started with a monumentally stupid blogger/twitterer, named Liberal Grouch (see here and here), who then carried out Occupyrebellion’s threat.  Update: Liberal Grouch is dishonestly claiming I have said he raped Lee's wife.  Occupyrebellion's precise threat, as demonstrated in all of the links above, was to reveal where Lee lived so that rapists could harm Lee's wife.  Liberal Grouch has done exactly that--reveal where Lee lived.

The only change I made to that language was in adding the update as indicated.  So here’s the email LG wrote to me, with his email address omitted.

Thursday, August 30, 2012

If You Are Hearing that my Federal Suit Has Been Dismissed...


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, last night I found out that the Brett Kimberlin media organ known as Breitbart Unmasked put up a post stating that the federal suit had been dismissed.  As with anything coming from Team Kimberlin, this is dishonest.

What happened is this.  The federal suit was originally filed as a parallel action while we were trying to get the flagrantly unconstitutional ruling by Judge Vaughey stayed in state court.  So the federal suit included a motion for a preliminary injunction preventing enforcement of the peace order.

When my Maryland circuit court motion for a stay was granted by (state) Judge Rupp, (federal) Judge Mott found out very quickly by some means and he or one of his clerks called one of my attorneys asking whether the motion for an injunction should be withdrawn.  My attorneys agreed that the motion for an injunction should be withdrawn, as indeed it should have been.

And then someone in the judge’s chambers made a mistake.  I was told the judge did this, but I suspect the judge is magnanimously taking responsibility for one of his staff.  But one way or the other they accidentally ordered the entire case dismissed, instead of just the motion for preliminary injunction.

Judges, and their staffs, are humans and not computers.  They make human mistakes, but they also know they make human mistakes.  They are not automatons who will follow this error blindly.  Instead the case will be reopened as a matter of course.  In short, it is a non-event that has absolutely no bearing on the outcome of the case.

Now, there are two reasonable questions to ask.

Tuesday, August 28, 2012

Brett Kimberlin Ally Occupyrebellion Threatens Lee Stranahan’s Wife With Rape


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.

Words cannot capture how disgusting this is:


I generally don’t throw additional attention toward this bucketful of crazy, but this is beyond the pale.  Indeed, in my opinion, it crosses the line into criminal conduct.  In my opinion, it is actually a threat.  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.  And in my mind, this counts.

And if you agree that this is a threat, then this means Occupyrebellion could be in a world of hurt tonight.  For instance, here’s what the federal criminal law, 18 U.S.C. §875(c) says:

Thursday, August 23, 2012

Exclusive: Convicted Terrorist and Serial Litigant Brett Kimberlin Doesn’t Want to Play With John Norton Any More

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.  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 today I took a field trip to Maryland and obtained copies of Brett Kimberlin’s attempt to dismiss the appeal of John Norton’s peace order.  Contrary to my originally erroneous reporting (since corrected), this appeal was filed by Norton of the peace order against him.  Kimberlin, for his part, apparently doesn’t want a peace order against Norton any more.  The main ground for this request is that the Kimberlin contends that the case is moot.

Mootness is a doctrine in law that refers to when a case was no longer relevant.  For instance imagine a woman is in a coma and on life support.  Some members of the family believe that the woman should have her life support removed; others believe that she should be kept on life support.  So the family members seek injunctions in court to enforce their views.  If the woman then suddenly died, the case would be moot and it would be typically dismissed for those reasons (and voluntarily by both parties).

Now on the surface that would seem to apply here.  The order expired on August 1, and thus would have expired nearly a month ago.  But John Norton might still be suffering the effects of that Peace Order.  He is stigmatized by a finding that he criminally harassed Brett Kimberlin, suggesting to friends, family and current and potential employers that he might pose a danger to others.   It is due to that ongoing stigma that Norton has a right to appeal this decision.

And Kimberlin seems to understand that this is an issue.  Below the break I will embed both his motion to dismiss and Norton’s answer.

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.

Friday, August 10, 2012

Breaking: Brett Kimberlin Loses (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.

Previously I shared with you the criminal complaint against Martin Maher, a Florida resident accused or less of making harassing phone calls to Kimberlin, various people in his family and to his neighbors.  I had been keeping an eye on the case and saw the he had a court date he was supposed to show up for a few weeks ago (probably just an arraignment), but then... nothing happened.  And normally if you miss an arraignment, they put out a warrant for your arrest.

Well, today on the Maryland Judiciary Case Search website we get the disposition of the matter.  The prosecutors have dropped the case:

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.

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

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:

Exclusive: What the Official July 5 Hearing Transcript Tells You About Convicted Terrorist Brett Kimberlin’s Attempt to Get My Wife and I Killed

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.

I have been waiting to write this post for a while, to pick the moment that felt right, and I think this is it.  I want to talk a little more about how convicted terrorist Brett Kimberlin tried to get my wife and I killed (in my opinion).

So last week I got a copy of the final transcript of the July 5 hearing.  For those not following along, Brett Kimberlin has been on a nine month campaign of harassment that has included attempting to frame me for a crime.  When I revealed this conduct to the world, he obtained an abusive peace order against me forbidding me from talking about him on the internet for six months on the theory that by merely writing that he engaged in reprehensible conduct, I was inciting violence against him and thus could be stopped with an injunction.  This is not the law, and indeed the judge in that case, Judge Vaughey, actually disregarded controlling Supreme Court precedent by name.  That part of the injunction was vacated even before appeal was heard (after which I was SWATted), and then on July 5, we heard the full appeal.

I have previously reported on the hearing and even made my own attempt to transcribe parts of it, but I have not yet released the official transcript.  So let me give that to you, now:

Thursday, August 2, 2012

Exclusive: Convicted Perjurer Brett Kimberlin’s Answer to My Virginia Complaint

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.

A bit back I shared with you the complaint in my Virginia lawsuit against Brett Kimberlin, Neal Rauhauser and Ron Brynaert.  Now I am going to share with you Brett Kimberlin’s answer to it.

For the most part, I will let it speak for itself, but here’s some set up for those who don’t know everything about civil procedure as it is practiced in most states, including Virginia.  Bluntly most lawyers can skip this and go straight to the document.

A lawsuit is initiated by a complaint.  It sets out facts and the law in a plea for damages.  And as you saw last time, the paragraphs of the complaint are numbered.  There is a purpose in that numbering.

You see the Defendant is then required to file an “Answer” (or another responsive pleading) and the answer is supposed to acknowledge and respond specifically to each and every numbered paragraph.  So for each one, you are supposed to admit, deny, state that you don’t know, and so on.

The idea is to whittle the suit down to what is really at issue: what facts are disputed and what are not.  You might have a suit involving an accident where it is admitted there was a collision, the amount of damages are not disputed, but fault is at issue.  Or there might be another accident case where there is no question that there was an auto accident, that the defendant was at fault, but the defendant claims the plaintiff is asking for too much in damages.  So this process is designed to systematically identify what is truly at issue.

And every single allegation I have made that is not denied by Brett Kimberlin is admitted to.

Thursday, July 19, 2012

Exclusive: My Virginia Complaint Against Convicted Terrorist Brett Kimberlin, Neal Rauhauser and Ron Brynaert

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.

In Alex Pareene’s awful piece on The Kimberlin Saga®, there was one particular lie Kimberlin told that I didn’t rebut as fully as I could have.  Here’s what Pareene said that Kimberlin said:

Kimberlin claims that Walker has now filed a suit against him in Virginia seeking a permanent injunction against Kimberlin that would bar him from ever mentioning Walker’s name, which would be a neat bit of irony.

So if Pareene is accurately representing Kimberlin’s words—and I call on him again to release the raw recordings—then this means that Kimberlin is lying, again.

I will give you five minutes to get over your shock.  Here’s some music while you recover:


Joking aside, here’s what my Virginia Complaint actually asks for in relevant part:

WHEREFORE, the Plaintiff request[s] an injunction against the Defendants enjoining them from 1) identifying the Plaintiff as the pseudonymous author known as Aaron Worthing or A.W., or posting personal information about the Plaintiff including but not limited to his home address, his current employer or his work address, 2) requiring the Defendants to remove all references from public view identifying the Plaintiff as the pseudonymous author known as Aaron Worthing or A.W., or providing personal information about the Plaintiff including but not limited to his home address, his current employer or his work address, 3) prohibiting the Defendants from contacting the Plaintiff or his immediate family or his current employer, 4) prohibiting the Defendants from approaching within 1,000 feet of the Plaintiff, his wife, his current employer and any future employer, 5) prohibiting the Defendants from conspiring with others to accomplish the above prohibited acts[.]

It also asks for damages up to two million dollars, too, which considering what all Kimberlin has put me through, and the malice involved, is low-balling it.  Something tells me that twelve ordinary Virginians are not going to be very tolerant of this convicted domestic terrorist’s antics.

And bear in mind that on the very next page you see that this was filed on January 30, 2012, at a time when I was not yet thoroughly outted as Aaron Walker.  As I said to Pareene, obviously much of that request for an injunction is moot now, though certain parts are still valid.

But it all highlighted to me again that I needed to get off my behind and share this document with you.  I mean Kimberlin had lied to other reporters about this before and unlike Pareene, they didn’t publish Kimberlin’s falsehoods about my case without, you know, actually reading the complaint or otherwise seeking my rebuttal.  You know, doing due diligence as we lawyer types say.  But obviously Pareene has proven that you cannot depend on the diligence of reporters.

Otherwise, I am mostly going to let it speak for itself for a number of strategic reasons, below the fold.  I will note that there is a lot of cutting and pasting going on here in my writing.  Indeed I noticed that at one point two pages were almost exactly identical, except the paragraph numbers and the name of one state changed, which made me smile.

I will also note that under Virginia practice you don’t have to share all you know in a complaint.  So don’t think for one moment that this is all I have to prove my case.  This is all I have chosen to share in the complaint.

Anyway, without further ado, the Virginia Complaint, broken into two parts: