Patterico's Pontifications

6/22/2012

Aaron Walker Fights Back

Filed under: General — Patterico @ 2:16 pm

David Hogberg reports that Aaron has filed an emergency motion to stay the unconstitutional parts of the peace order against him, preventing him from blogging about public figure Brett Kimberlin:

Now Aaron Walker has retained the services of attorney Reginald Bours to fight the peace order. Uploaded here is a letter Bours has sent to Kimberlin. Bours does not mince words:

This is a complex case, and, as a lawyer, I try to see both sides of an issue. However, based on my review of the facts, I do not believe you have had a proper basis to file either of the peace orders you have presented to District Court Commissioners, usually late at night on weekends.

The attached motion addressed every citizen’s right to free speech. If you truly respect that right, you should withdraw this peace order.

The motion Bours refers to is an emergency motion he has filed for a partial stay or a modification of Kimberlin’s peace order that would in effect lift the peace order until the Appeals Court hears the case on July 5th.

The motion is worth reading for the case it lays out against Kimberlin’s so-called evidence. What’s most revealing is that Judge Vaughey not only ignored the Brandenburg standard for speech, he also appears to have ignored Maryland law.

Aaron is doing more as well:

DB Capitol Strategies, in partnership with RightSolutions, a 501c3 public charity, is building a nationwide team of lawyers to fight those who would silence online free speech. Our first salvo in that effort has been to file a federal lawsuit today against Brett Kimberlin, seeking, in part, an injunction to prevent the state from ever again arresting Mr. Aaron Walker, an American citizen, for exercising his right to free speech, and to release him from any prior censorship restrictions imposed by unlawful judgements.

This is only the first step in what we call the “Bloggers Defense Team.” We are firmly committed to exposing and combating the efforts of Brett Kimberlin, otherwise known as the Speedway Bomber, and his well-funded allies on the left (like George Soros and Barabara Streisand) who will use any means of harassment to silence political opposition.

No citizen of the United States should ever be arrested merely for blogging – especially not for blogging about the crimes of the notorious Speedway Bomber Brett Kimberlin.

This is an issue that should cross all party lines and divisions. Free speech is what makes our country great, and we must all forever defend it – or forever lose it.

All great news.

25 Responses to “Aaron Walker Fights Back”

  1. BNrett Kimberlin didn’t have a basis for any kind of peace order at all against Aaron Walker – let alone something that seemed to prohibit himn from blogging about Brett Kimberlin. The order actuallt really doesn’t even do that, because theer seems to be some confusion there between blogging and writing to, but I guess you could worry what another judge would say.

    The Maryland statute actually says thesed orders shouild be limited. It doesn’t comply with tyhe statute let alone the constitution.

    Sammy Finkelman (d22d64)

  2. Keep the light shining, and the fight back begins! YESSS!!!!

    Dustyn H (acf6c9)

  3. Perhaps you attorneys can answer the question: What is the standard to have someone (Kimberlin obviously in this case) declared a vexatious litigant? Does it vary state by state, and does anyone know if Maryland has an extremely high bar for that sort of action? It seems that he would be a swell candidate for this sort of thing.

    JVW (b090ff)

  4. The standard is ridiculously high in MD, JVW. Someone previously linked to their Supreme Court holding, I can’t find it.

    JD (33493e)

  5. Link in post fixed.

    Patterico (906cfb)

  6. It would have been nice if Bours had proofed his letter to Kimberlin closely enough to catch the typo in the first sentence.

    shipwreckedcrew (dd1bdb)

  7. Your readers may also be very interested in this decision (New Zealand case, so different legal framework to the US):
    http://halfdone.wordpress.com/2012/06/22/the-brown-v-sperling-decision-in-full-if-you-want/

    I’ve blogged quite a bit on it since the court has it’s say, but only got my hands on the decision yesterday.

    scrubone (4f0412)

  8. So…what is due process for such a pleading? How soon must a magistrate/judge respond?

    Is Aaron still pursuing the censure of that tool judge?

    Ed from SFV (68921e)

  9. Vexatious Litigant, my a..!
    He should be declared a terrorist, and locked up at Gitmo.

    AD-RtR/OS! (b8ab92)

  10. I find it odd that Seth Allen would post this.

    Oh now Frey starts explaining backstory. I am glad he posted the Aaron suicide letter. I wasn’t going to open up that attachment.

    I assume like most of his content he was typing before he was thinking. Seth is going to end up as a person who continually apologizes for misinterpreting events.

    scable (40a8c6)

  11. I am glad he posted the Aaron suicide letter.

    Pretty ghastly and dishonest way of phrasing that. It makes it sound like Aaron had actually written something like that. But no, Neal had written that Aaron’s wife might find him dead.

    Just to clear this up: Aaron’s remarkably strong. He’s got a sense of humor that has helped him a great deal.

    Dustin (330eed)

  12. It appears that Mr. Kimberlin has awakened the sleeping giant and filled him with terrible resolve.

    Harrison (916bde)

  13. #3- In California, I’ve had a few plaintiffs deemed “vexatious litigants.” The standard is pretty rational: a person who
    in the prior 7 years has brought at least 5 non-small claims civil cases and lost them all or let them die without prosecuting them, or someone who attempts to relitigate prior adverse orders or repeatedly files motions and other process designed to harass.
    The key is they have to lose the cases or let them die after filing – which takes time.

    LASue (ba1869)

  14. Question for you lawyerly dogs: Is it common practice for retired judges like Vaughey to return to the bench, presumably to help out with overloaded dockets?

    If so, I would not like to face such a judge. A retired judge has no career to worry about, and need not care if all his decisions are overturned. Even outright judicial misconduct would seem to have little consequence for him. He could do as he pleased, which seems to be what happened here.

    Glen Wishard (88ea55)

  15. I’d like to see the copy of the federal suit filed against the State of Maryland. Can anyone find a link to that?

    shipwreckedcrew (dd1bdb)

  16. shipwreckedcrew, try Popehat.

    SPQR (26be8b)

  17. _____________________________________________

    What’s most revealing is that Judge Vaughey not only ignored the Brandenburg standard for speech, he also appears to have ignored Maryland law.

    If the public isn’t into or interested in — or aware of — the details of Walker and the Speedway Bomber, then hopefully it can glean something out of the symbolism of an ideologically-philosophically corrupt person in the guise of Cornelius Vaughey having decision-making authority. Regrettably, his type is lurking throughout society, and when such individuals become both too numerous and too influential, that’s when a civilization can easily and quickly crumble.

    The Vaugheys of America are one reason it’s not such a stretch to muse that this nation is headed in the direction of becoming a Banana Republic, or a bigger version of Argentina or Mexico.

    Mark (d5d5cf)

  18. I am moderating the John Norton comments and banning him. It feels like a Rauhauser/Kimberlin plant and in any event I am not permitting a numbskull like that to derail this thread.

    Patterico (906cfb)

  19. I find it odd that Seth Allen would post this.

    Seth Allen is not worth paying attention to.

    Patterico (906cfb)

  20. Patterico, do you think that the original “claim” earlier about Norton being subject to a Kimberlin peace order was legit or a way to put bona fides on that troll?

    SPQR (26be8b)

  21. Kimberlin did get a peace order against this idiot. That’s between them. I have nothing to do with any of it.

    Patterico (906cfb)

  22. Patterico, do you think that the original “claim” earlier about Norton being subject to a Kimberlin peace order was legit or a way to put bona fides on that troll?

    Comment by SPQR —

    I saw the original post on RSM’s site the other day; it struck me as less than sensible at the time.

    But I’m not a “former EOD” guy, either – not being a guy at all – and said nothing. What to make of it? Who knows? At the time, I figured nothing would ever come of it, but now?

    Well, it’s the commenter’s action, no one else’s.

    Dianna (f12db5)

  23. I have nothing meaningful to add to the discussion but simple wanted to see “notorious Speedway Bomber Brett Kimberlin” again. That phrase just swims off the tongue, don’t you think?

    ukuleledave (5f2a17)

  24. Helpful information. Fortunate me I found your site unintentionally, and I am surprised why this accident didn’t came about earlier! I bookmarked it.

    automobiliu gabenimas i lietuva (71cf13)


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