Kimberlin, in a letter to Aaron Walker’s attorney yesterday:
Again, I want to be left alone by your client. That is my demand as required by Galloway and the criminal harassment statute. His false narrative that I framed him is defamatory and inciting extremists to threaten me. He is responsible for their conduct. I will not hesitate to seek additional peace orders or criminal harassment charges if he does not leave me alone.
The trouble is, Brett Kimberlin defines “leave me alone” as “don’t blog about the lawfare I have waged on you.” He wants the right to engage in dishonest and abusive litigation, but he demands more: the right to do it without criticism. As you can see from his response to Aaron’s filing for an emergency stay, Kimberlin continues to assert that he has the right to an email inbox free from Google Alerts relating to posts written by Aaron about Kimberlin:
Mr. Walker, contrary to what he says in his motion, did, as Judge Vaughey found, contact Petitioner directly in order to harass him. In his blog posts andon his Twitter page, he addressed Petitioner directly. He knew that his posts and tweets would end up in Petitioner’s email box, and taunted Petitioner to turn off “his Google alerts.” This is akin to telling someone to shut off their phone or stop their mail service if they did not want to receive harassing calls or mail.
Um, no, it’s not. If you set up a service where your phone rings every time someone talks about you in public, I am not “phoning” you if I talk about you in public. If you set up a service where you receive a piece of snail mail every time someone talks about you in public, I am not “mailing” you if I talk about you in public. Having a Google alert for your name is YOUR choice. It cannot be used as a sword to force people to stop talking about you — and it is not “taunting” for Aaron to say: if you don’t want your email inbox filled with notifications about Aaron’s posts, turn your Google alerts off.
And Aaron Walker is not responsible for the reaction of other people to his peaceful speech, in which he repeatedly disclaims any intent to have people harass Kimberlin in any way whatsoever. (As do I.)
The thing is, Kimberlin has been told all of this before — and he still goes back and gets peace orders. And the judges in the Maryland court system give them to him. These judges feel bound by their own rules instead of the rules set by the Supreme Court, as Judge Vaughey famously made clear.
So when Kimberlin makes a threat like this, it is not idle.
He is not going to stop, until someone (morally and legally) forces him to stop.