Patterico's Pontifications

5/22/2012

Brett Kimberlin’s Latest “Peace Order” Against Aaron Walker Is Retaliation for Truthful Speech

Filed under: Brad Friedman,Brett Kimberlin,General,Neal Rauhauser — Patterico @ 7:25 am

The last time Brett Kimberlin was in a Maryland court trying to get a peace order against Aaron Walker, the judge told him in no uncertain terms that people are allowed to truthfully criticize others in America. The judge explained to Kimberlin that truthful criticism is not the basis for a peace order.

Now Kimberlin is back in court, once again seeking a peace order because Aaron is truthfully criticizing him.

Aaron has Kimberlin’s application for a peace order up at his site. I encourage you to read the whole thing. One of the things that Kimberlin complains about is that Aaron has called Kimberlin a terrorist:

“Terrorism” is a fair way to describe what Brett Kimberlin did to the town of Speedway, Indiana in 1978, when he set off eight bombs over the course of several days. Kimberlin has been convicted of those bombings, one of which blew off the limbs of a Vietnam veteran named Carl DeLong, who committed suicide as a result of his injuries. Brett Kimberlin earned the right to be called a convicted domestic terrorist, and he should not be marching off to court complaining about it when someone calls him just that.

It is beyond the scope of this post to detail every way in which Kimberlin’s peace order is misleading and deceptive. Kimberlin complains that Aaron spoke of purchasing a gun, implying that Aaron’s statement was aggressive — when Aaron actually said he had bought a gun to defend himself. Kimberlin claims that Aaron is responsible for “alerts” coming to his email inbox, suggesting Aaron is emailing him, when in fact the “alerts” Kimberlin is talking about are Google alerts. If you write about this guy on the Internet, he may run to a judge and say you are causing abusive alerts to come to his email.

You might say: what’s the harm in getting a peace order? I have watched this play out in other venues and I know just what Kimberlin is up to. As soon as he gets a “peace order,” he will run back to court the very next time Aaron mentions his name in public. That means that Kimberlin asserts the right to abuse the court process to harass Aaron — and if Aaron tells the world how Kimberlin is abusing the court process, Kimberlin will claim that as a violation of the peace order and try to have Aaron held in contempt of court.

Kimberlin and his crew have relentlessly harassed Aaron, me, and others over the course of the last several months. It is not harassment for us to tell the world what happened to us. It could happen to any of you. His supporters have outed or threatened to out commenters to this very site. They talk about wives, children, and fathers of bloggers and commenters. They ceaselessly abuse everyone they can who speaks the truth about Kimberlin’s past.

Ultimately, this is a free speech issue. Kimberlin and his group of thugs have done their level best to attack everyone in the blogosphere who wrote anything negative about him. Now the blogosphere is starting to wake up, and there are so many critics he can’t possibly intimidate them all.

But you can see he’s still trying.

75 Responses to “Brett Kimberlin’s Latest “Peace Order” Against Aaron Walker Is Retaliation for Truthful Speech”

  1. I guess this duty falls on me now:

    Ding!

    Patterico (feda6b)

  2. Careful, Patterico. They might come after you ;-)

    JD (e4883a)

  3. Barbra Streisand needs to stop giving this terrorist loser her monies I think

    what the hell is wrong with her

    happyfeet (3c92a1)

  4. I just don’t see how Aaron can be expected to drive to Maryland and hire a lawyer every time one of these happens.

    And indeed it’s not OK for Brett to get a peace order against an innocent man who has never harassed Brett and has absolutely no criminal record, being a peaceful person. As soon as he gets one, he will proceed to argue (and perhaps fabricate, given the prior framing attempt) that Aaron violated the order. And then Aaron will have no choice but to hire a lawyer with money he doesn’t have.

    What Aaron needs is a legal defense fund. He hasn’t set one up, but it’s OK to ask for help sometimes. People want to help.

    I pray the court is familiar enough with Brett that they realize what he’s doing again. We’ll have to see.

    Dustin (330eed)

  5. ==what the hell is wrong with her==

    We’d all be better off if she’d just stick to singing I think.

    elissa (e46b2e)

  6. We’d all be better off if she’d just stick to singing I think.

    Comment by elissa — 5/22/2012

    You mean streisand – No we would not be better off with sticking to singing. I turned her off long before she became known as an activist. I turned her off for good reason.

    Joe (835831)

  7. Patrick, I am not a lawyer, I don’t even play one on TV nor did I sleep at a Holiday Inn Express last night, so bear with me. Surely there is some legal way to strip this slimeball of his right to abuse the legal system in order to terrorize people. I mean GEEZ! At what point does the right to seek redress in the courts end and abuse begin?

    Rorschach (c5574d)

  8. He can turn the alerts off. I have lots of old ones and I always say I’ll do it next time but you can turn them off.

    Sarahw (b0e533)

  9. Lovely edited juxatposition there at last, ABC news style.

    I don’t know what sanctions or remedies there are in MD for a vexatious or frivolous attempt to obtain a peace order.

    Are there any reporters at the Baltimore sun interested in covering the subject? I understand legislation was recently proposed (and nixed) to provide remedies for bad faith or frivolous (having NO legal basis) use of the courts.

    Sarahw (b0e533)

  10. This was the legislation proposed:
    http://mlis.state.md.us/2012rs/billfile/sb0221.htm

    Sarahw (b0e533)

  11. Rorschach,

    If he were always filing in the same courthouse, it may be possible to get the chief judge to issue an order that every future lawsuit he files must be pre-approved by that court. But otherwise, no, there can be no broad injunctive relief to prohibit access to the courts.

    nk (875f57)

  12. State Senator Brian Frosh of Montgomery County had proposed it.

    Perhaps he would be interested in the prolific abuse of the system Kimberlin gets away with in Maryland.

    Sarahw (b0e533)

  13. Maybe some Maryland bloggers would be interested in the story as well.

    Sarahw (b0e533)

  14. There are rules about perjurious claims, but the relief is limited to costs and/or a small fine. And perjury is a tough thing to establish. A few words “on knowledge and belief, and for those allegations stated to be on belief the declarant verily believes them to be true”. You’re home free.

    nk (875f57)

  15. So, my amateur sleuthing trying to help Stack find his attacker has caused Stack to decide to “expose” me over at his blog. He’s sent occupy bullshit to go after me. geez louise…I felt sorry for stack. I thought he was really hurt and viciously attacked. I was trying to help him cuz it was just so evil to do that to someone.

    Now, I’m the problem. Well, now I no longer feel sorry for Stack cuz he’s doing to me what was done to him. That he really reached out to the thug I thought was his abuser to get to little ole nuttin, me, tells me that he may have been involved all along. He has corrected my point of view. what a jerk.

    elle (d14677)

  16. Kimberlin told the judge, while sworn, that he wasn’t sent back to prison for dishonest evasion of a judgement.

    What ever HE thinks he did, that IS the basis for his parole revocation and return to prison.

    Sarahw (b0e533)

  17. Good for Senator Frosh. Sarah, I think it is a great idea for folks to write a very polite email summarizing what’s going on here. This fiasco is the perfect example to justify his reform.

    Dustin (330eed)

  18. If he gets the same judge, If I were the judge, I’d throw out his order, and threaten his with contempt if he should return with the same arguments.

    Sarahw (b0e533)

  19. It would be unconstitutional. There could be a law imposing all costs, including attorney’s fees, on the losing party, but that’s a double-edged sword.

    nk (875f57)

  20. Texas Legislative procedures differ and those are the ones I am familiar with, having failed on the third reading, does that mean the bill is DOA or can it be revived?

    Rorschach (c5574d)

  21. I type slow, SarahW. We cross-posted. I agree with your comment #18 at 9:00 a.m.

    nk (875f57)

  22. I don’t see how a Maryland peace order would be applicable.

    The statute on harassment protects peaceable speech for political purposes and speech to convey information.

    Claire (9c059a)

  23. Whatever is wrong with the bill on its face, I think it could be remedied.

    Ken at popehat discusses SLAPPing back, and essential elements of useful anti slapp statute in his post,

    But I Tell You, Resist A Censor. If Anyone SLAPPs You, SLAPP Back.


    The defendants in the case have two things going for them. First, Oregon has a robust anti-SLAPP statute similar to California’s venerable statute and Texas’ new statute. Under Oregon’s statute, a defendant may file a special motion to strike. If that motion establishes that the lawsuit is premised on one of the categories of speech protected by the statute — for instance, “[a]ny other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest,” the burden shifts to the plaintiff to present admissible evidence showing that they can prevail on the merits. A prevailing defendant is entitled to attorney fees, and filing the motion stays discovery — two essential elements of a strong anti-SLAPP statute.

    Sarahw (b0e533)

  24. Claire – and so the judge informed BK in his last request for a peace order. His “misunderstanding” is willful, and he fudges and manipulates in his second attempt to color goodle alerts he sets up himself as “alarming” harassment (hoping for the judges ignorance of gmail, I presume) and juxtaposing Aarons promise that his bad acts will catch up with him – in the justice system…. and Aaron stating he is getting a gun in order to defend himself (from this convicted terrorist)

    Sarahw (b0e533)

  25. These people are vermin.

    JD (2307e5)

  26. Well, as despicable as vermin but more dangerous. These people are predators and parasites.

    SPQR (26be8b)

  27. I imagine that if he gets this “peace order” the very next thing will be to force Aaron to disarm, being the subject of a peace order and all.

    Kevin M (bf8ad7)

  28. You would think that at some point contributors to these Kimberlin “charities” would become liable for the damage they cause.

    Kevin M (bf8ad7)

  29. One of the interesting things to me in this latest request for a Peace Order is that Krett Bimberlin seems to be learning from the last time he got his butt handed to him in court and specifically tries to reference what happened within the past 30 days.

    What I’m unclear on is he talking about the statutory definition of harassment or plain English and whether or not he has to offer up any proof to secure his order at the next hearing. When questioned the last time his ability to produce evidence was sorely lacking.

    daleyrocks (bf33e9)

  30. Also, no idea if it is possible, but is there a way to tell if the second photo taken of Aaron is from the same device used by Bimberlin outside the court room in January?

    daleyrocks (bf33e9)

  31. I imagine that if he gets this “peace order” the very next thing will be to force Aaron to disarm, being the subject of a peace order and all.

    Comment by Kevin M — 5/22/2012 @ 9:34 am

    Not necessarily. Aaron would need to fight it, but Lautenberg is domestic violence, with a special provision. No way it would apply, here. Especially not after Heller and MacDonald.

    On the other hand, (if Kimberlin wants to use the other hand), Kimberlin, a felon, will go away for a long time, if he goes anywhere near guns or ammunition. Heller did not change that law.

    nk (875f57)

  32. It seems that Kimberlin’s tactic is to intimidate by contacting employers of family.

    There should be a “peace order” forbidding Kimberlin to do so.

    SPQR (26be8b)

  33. That would be an easy motion, SPQR. But how much would it cost to find Kimbelin and serve the order? That’s how the little c***s****r gets away with it?

    nk (875f57)

  34. Can a Maryland Peace Order be used to deny the legitimate rights to own a weapon and to self defense of a resident of Virginia?

    Have Blue (8743b5)

  35. nk – Maryland law enforcement knows where Kimberlin resides. One of his complaints was that when Aaron served notice on (IIRC) Rauhauser the deputies showed up at Kimberlin’s residence.

    Have Blue (8743b5)

  36. a peace order against bk would be useless. he could break it anonymously (in the case of contacting employers of family).

    i believe the anonymous phone call is a tactic they use in many ways. who gave bk aaron’s name? oh he maybe doesnt know. anonymous phone call.

    - (3faca2)

  37. Peace orders in one state do not apply in any other state.

    Sarahw (b0e533)

  38. If you haven’t done so already, it might be worthwhile for you (and RSM) to consult with a psychologist in better understanding BK and how better to deal with the problem.

    crosspatch (6adcc9)

  39. Cowardly pathetic, yet dangerous and violent vermin, SPQR.

    JD (318f81)

  40. The twitter feeds for these people are surreal, as is their breitbartunmasked site. I don’t suggest going there, without using an anonymizer first. We know that they pay close attention.

    JD (318f81)

  41. You have to laugh at a guy who tries to frame a guy for assault, and then falls into hysterics when people mention the fact that he tried to frame a guy for assault.

    Well, AW might laugh in a few years, about all of this. It’s easier with distance and safety on your side.

    By the way, did the wife of the vet who died as a result of the bomb ever get the money Brett Kimberlin owed her?

    Book (20a430)

  42. JD- I have no intention of going to that site. I like my lunch to remain in my stomach, thank you. But what’s going on on twitter? I don’t have an account there, so I know I’m missing a lot.

    Book (20a430)

  43. Book – coward went to great lengths to hide his money. Never paid the judgment

    OccupyRebellion is one of the nasty ones on twitter.

    JD (318f81)

  44. I have a question – why didn’t AW attend the hearing today?

    JD (318f81)

  45. Im annoyed Aaron didn’t send an attorney. I’m sure he had his reasons but I wish he had.

    Sarahw (b0e533)

  46. SarahW – he referred to it as an ex parte hearing on his site. Is that by his choice, or the systems design? Because choosing to not be there seems silly.

    JD (318f81)

  47. ex parte, in Illinois, is emergency. It is not good for more than ten days, and it is not effective until it is served. It is not valid at all if it involves First Amendment conduct.

    nk (875f57)

  48. So it’s Aaron who’s messing around? “Lucy Aaron, you need to splain!”

    nk (875f57)

  49. Nk – we don’t know if anyone is messing around. I just asked why he wouldn’t be there.

    JD (318f81)

  50. Well, JD, if Aaaron got served the order, he could (not should) have gone to court and told the judge that it’s rose fertilizer.

    nk (875f57)

  51. It is in a different state, nk. So, there is that.

    JD (318f81)

  52. I presume then that not to go or send an attorney was a calculated pragmatic choice.

    It isn’t valid at all if it regards first amendment conduct, so Aaron can’t be fined or ordered t cease engaging in any conduct he is iengaging in now, and has no desire to begin, and BK cannot get service so easily.

    Sarahw (b0e533)

  53. SarahW – what would be the calculus for allowing something like this to go uncontested?

    JD (318f81)

  54. JD,

    In general, a temporary restraining order or peace order hearing can be held without notice and with only the complainant present. The process is designed to provide a quick but temporary freeze until notice can be given to the other party and a permanent hearing can be held. My guess is a peace order applies to non-related parties, and a protective order applies to married/related parties.

    DRJ (a83b8b)

  55. Thank you, DRJ. That is what I was trying to find out. Kimberlin and his henchmen are bragging about AW failing to appear as it was some kind of victory.

    JD (318f81)

  56. JD – no travel, no expense of an attorney,
    and no prohibition of anything he’s done or was planning to do.

    If Kimbelin attempts a contempt charge for Aaron’s protected speech, Aaron is no worse off in terms of time or expense getting it smacked down, and the courts in Maryland may lose some patience with BK for wasting their time. It’s temporary and prohibits no conduct Aaron has or intends to engage in.

    Also a peace order is in Maryland doesn’t apply in Virginia. Aarron may talk all he chooses, so long as he does not attempt to contact Kimberlin in Maryland.

    Talking about Kimberlins activities with his foundations or his criminal conduct or convictions or habits – anything true, he can continue doing.

    Sarahw (b0e533)

  57. So DRJ this hearing was held WITHOUT NOTICE?

    I was just guessing the advantages of skipping the proceeding, which seem plentifiul enough even if he did have notice.

    Sarahw (b0e533)

  58. seem. I’m typing blind here. Better get my reading glasses.

    Sarahw (b0e533)

  59. Sarahw,

    My comment was a general comment about protective orders and I don’t know if Aaron was given notice here. Aaron may have known about the filing because he found it online, but that’s not the same as notice.

    DRJ (a83b8b)

  60. It’s been endlessly frustrating not being able to explain things. Even now there are things I want to explain to JD and Sarah.

    $%!#@$%

    Anyway, Aaron made a good move today.

    I want folks to bear in mind this story is not just about Brett vs Aaron. That’s an interesting story, but

    Check out Lee Stranahan’s video. It’s really well done, right?

    As huge as Aaron’s ordeal is, especially for me since he’s a friend, it’s important people realize how major the implications with Kimberlin are. The way he’s gotten away with all the crimes and lawfare shown in Stranahan’s video… the way he’s squelched speech…

    And the smears. What about the smears? Some of the BS this guy has come up with has made its way to very prominent democrat speeches. Some of his donors are also prominent. Why would the Tides Foundation support Kimberlin? Because there is a market for smears.

    I don’t want folks to walk away from this story thinking it’s just a very bad case of a blog feud or a really bad example of lawfare. It’s much worse than that.

    Dustin (330eed)

  61. Lee Stranahan’s video is very good. Thanks for linking it, Dustin.

    DRJ (a83b8b)

  62. Dustin – email me.

    JD (2307e5)

  63. Hi. Actually the reason for this post is because I come close to calling you guys a bunch of liars on another blog and I should have done it here, but there’s a blog called ‘Nice Deb’ that has declared May 25th ‘Blog about Kimberlin” day here:
    http://nicedeb.wordpress.com/2012/05/22/are-you-ready-for-everybody-blog-about-brett-kimberlin-day-may-25-video/.
    In the comments is my being angry. I’m not feeling like I did something wrong, or relief, just very nervous.

    Alvin H. Belt (e4245a)

  64. Yeah, Stranahan’s video works well for how the media is now. Someone should make a full length documentary on the dude.

    Noodles (3681c4)

  65. Alvin Belt, your comment was incoherent. Both at Nice Deb’s blog and here.

    SPQR (26be8b)

  66. Hmmm, perhaps my comment above should be deleted.

    SPQR (26be8b)

  67. So, patterico is Kimberlin doing this in HIS home state or does he come to Maryland in order to draw suit against Worthing?

    BTW, is there any way you could set up a legal fund for Worthing and RS McCain so we can donate to it? I would do it.

    XCitizen10 (35dfe3)

  68. Amen, Dustin.

    Sarahw (b0e533)

  69. RSMccain has a tip jar.

    JD, I’ll email.

    Dustin (330eed)

  70. _________________________________________________

    That means that Kimberlin asserts the right to abuse the court process to harass Aaron

    This is merely a disgusting variation of the type of ploy I read about several years ago. But in that case, it involved the owner of fast-food franchises in south-central LA who was forced to go to court on a regular basis. Certain people would enter her restaurants and purposefully slip on the floor in order to sue her for physical harm.

    In general, ambulance-chasing trial lawyers (most of them of the left) and their clients (many of them likely of the left too) are exploiting any number of situations — including those that are caught up in the legal morass of the Americans with Disabilities Act — that satisfy their greed, for money or power, or both.

    Mark (2d5b49)

  71. Ome of the golden rules is: If you don’t want to be called an a$$#ole is… easy, don’t act like one

    SteveG (34235c)

  72. Who else is in Kimberlin’s crew? There are people aside from his funders?

    Ernst Blofeld (ece636)

  73. Very simple, my name is Joshua Schneider. I live in Hickory, NC…. I would very much enjoy you trying to get a court order against my right of free speech. My opinion of you is quite simple, you represent one of many in the United States that simply do not deserve the many freedoms that you so willfully abuse. If you need help in purchasing a one way ticket out of the US, email me at jaybirdfuels.com. It will be my pleasure.

    Joshua Schneider (9d48d9)


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