Patterico's Pontifications

6/27/2012

Brett Kimberlin Threatens Even More Unconstitutional Peace Orders Against Aaron Walker

Filed under: Brad Friedman,Brett Kimberlin,General,Neal Rauhauser — Patterico @ 7:34 am

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.

37 Responses to “Brett Kimberlin Threatens Even More Unconstitutional Peace Orders Against Aaron Walker”

  1. I wonder if it has occurred to Kimberlin that his eternal escalation of all of this is perhaps not the way to get people to stop talking about him.

    Patterico (feda6b)

  2. Not a day goes by that I surf to this domain name and You Sir, have posted something new for me to be outraged over. These disturbances to my peace of mind must end!

    Beto (41967a)

  3. Actually what I find bizarre is more the behavior of the Maryland “commissioners” ( who can’t be bothered to sign their names legibly ).

    We’ve seen only Vaughey approve an illegal peace order but we’ve seen commissioners approve several and approve arrest warrants without any probable cause.

    SPQR (26be8b)

  4. to quote Voltaire,

    écrasez l’infâme
    _

    which refers to systems and practices rather than écrasez-ing people. Brett.

    BumperStickerist (78e1b3)

  5. “If you set up a service where you receive a piece of snail mail every time someone talks about you in public”

    Directly analogous to the clipping services that writers would subscribe to back in the day, in order to keep up on particular topics.

    should I hide my name when talking about Kimberlin? (ae6bd1)

  6. or, hell, we could just go full Émile Zola and say J’Accuse
    _

    BumperStickerist (78e1b3)

  7. 1.I wonder if it has occurred to Kimberlin that his eternal escalation of all of this is perhaps not the way to get people to stop talking about him.

    Comment by Patterico — 6/27/2012 @ 7:37 am

    He’s always enjoyed the ability to control and threaten others. He’s starting to come to the terrifying realization that he no longer has that control. I expect that he will become increasingly erratic and dangerous.

    aunursa (7014a8)

  8. Maryland is a VERY LIBERAL state. After all, the gov they’ve got now is extremely far left, the mayor is no better, and Baltimore is a de facto welfare city with very high levels –if not the highest levels — of illegitimate children, STDs, and heroin usage, and where Caucasians are routinely beat up for their skin color. One cannot expect the judiciary to be any better in that state.

    john b (924972)

  9. Neal Rauhauser has an office, and he works on Capitol Hill. (he has said both)

    That kind of thing can give people a lot of confidence.

    Sammy Finkelman (976d9e)

  10. It is a general policy US-wide to grant the initial temporary restraining order (peace order in Maryland) with very little to no scrutiny. Why? Because if you don’t grant it and something bad happens, it’s your fault for not listening.

    It takes repeated abuse of the system to cause scrutiny. Eventually, Maryland should trigger their vexatious litigant statute. Eventually.

    luagha (72a2e7)

  11. BK will not give up. He will never yield. This is his job. This is how he earns a living.

    wtfci (6cb860)

  12. 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.

    On the same principle, I suppose he thinks if AW were to publish an op-ed about him in the Washington Post, that would be a “direct communication” because he gets the paper delivered.

    Milhouse (312124)

  13. I really hope judges catch on to what a Google Alert is… that this is something someone has to set up themselves and monitor.

    Harrison (975823)

  14. Google Alerts is merely the modern version of a clipping service. Back in the olden days before the intertubes, people used to subscribe to clipping services, which would scan many newspapers for ones key words or subjects, cut out any article that mentioned them, and send them by mail. My father would get a weekly packet of clippings about subjects he was interested in; I suppose there were daily subscriptions available as well.

    Milhouse (312124)

  15. He works mornings there, and when Congressman Donald Payne (D-N.J.) died on March 6, he didn’t feel he should (or could?) take up their time.

    Payne was Chairman of the Congressional Black Caucus Foundation and former Chairman of the Congressional Black Caucus.

    Sammy Finkelman (976d9e)

  16. “The Other McCain”‘s theory about the lawfare

    …Anyone who will take the time to research Neal Rauhauser’s conspiracy theories (and his own descriptions of his motives and methods) will understand how everything fits together. Are Rauhauser’s claims of a right-wing conspiracy so ludicrous and implausible as to suggest that Neal is quite literally insane? Yes, but . . .

    Despite all that, if Rauhauser can ever get courts and law enforcement agencies to buy into any of his claims, so that Neal gets hold of private information he can use against his enemies, the kookiness of his theories will ultimately be irrelevant: Neal wins.

    Having spent 40 days reporting this story — and I was on the phone with four different sources this morning — I am just now beginning to see clearly what is actually happening. The “accuse the accusers” strategy, whereby Rauhauser and Kimberlin introduce zany conspiracy claims via criminal complaints and civil actions, strikes most rational people as lunacy. Yet it is actually much shrewder than it looks, because this tactic steadily creates a sort of bread-crumb trail of legal “evidence” for the existence of the (alleged and entirely imaginary) right-wing conspiracy that would be the premise of a RICO claim.

    Google “RICO + Rauhauser,” and you find that Patterico understands exactly what Rauhauser & Co. have been up to, the evidence of which has been piling up on the Internet for months. Why do you think, dear reader, that Rauhauser has been so wildly obsessed with “Zapem”? Because going back to the TwitterGate episode in 2010, Zapem and her friends have been witnesses to how Rauhauser operates, and have been monitoring Neal’s operations ever since — and Neal damned well knows it. Here are a few points to keep in mind:

    * It’s impossible to know everything that people are doing behind the scenes to manipulate this situation. Rauhauser claims to have frequent (friendly) contacts with law enforcement, and may be using those contacts to spread disinformation. But of course, Rauhauser lies so routinely that even when we have e-mails or “scrubbed” online documents in which Neal says he’s done something, these statements might be just more lies and crazytalk. (The possibility that Rauhauser’s trying to prepare an insanity defense is something I can’t rule out.)

    * Law enforcement’s reluctance to take action against what I’ve come to think of as the Kimberlin-Rauhauser Axis may be the result of honest confusion. Neal and Brett seem to think they’re crafty enough to fool the FBI, which I don’t think they are. But they’ve managed to spread enough confusing nonsense – the “Christian Infowars Militia” cell! – that it might be difficult for agents to make a clear-cut case of criminal wrongdoing that they can take to a federal grand jury.

    * We don’t know the extent of cooperation among Kimberlin, Rauhauser and others, including the people behind various “sockpuppet” accounts. For all we know, Rauhauser’s been pushing his nutty schemes independently, without telling Kimberlin what he’s doing, even though we have clear evidence of a client-consultant relationship between them. So pointing the finger of blame at Kimberlin may be a mistake, at least until there is genuine proof that Rauhauser did X, Y, Z at the direction and with the approval of Kimberlin. “Plausible deniability,” you see.

    * The SWATtings are the tip of the iceberg, and we do not yet have clear proof that Rauhauser or Kimberlin were in any way responsible for or complicit in these dangerous hoaxes. There is, of course, evidence that seems to suggest that Rauhauser had early knowledge of the SWATtings, but publicly engaging in speculation beyond the basic facts of this limited evidence is extremely unwise.

    A lot of people are working behind the scenes to gather and sort through the evidence. There are ongoing private investigations and, I have been told by multiple sources, the FBI is carrying out its own investigation. Citizen-journalists trying to move the story forward must be careful to stick to the facts, and avoid making any false accusations or jumping to premature conclusions.

    Finally, to any law enforcement personnel who may read this: The “accuse the accusers” strategy is aimed most directly and intensively at those who pose the greatest threat to Rauhauser’s operation. Patrick “Patterico” Frey has published vast amounts of facts regarding this case, and is prepared to publish much more, and there is every reason to believe that Qritiq’s post is part of an effort to silence Patterico.

    UPDATE: Patterico examines some very interesting evidence. Read that and ask yourself, “Why are Kimberlin and Rauhauser acting worried?”

    That last was a link to the astroturfing post.

    Sammy Finkelman (976d9e)

  17. I wish people would pressure the MD judges to classify Kimberlin as a Vexious Litigant and ban him from their courts.

    PCD (1d8b6d)

  18. ______________________________________________

    The thing is, Kimberlin has been told all of this before — and he still goes back and gets peace orders.

    He’s obviously merely a version of a professional ambulance chaser, or the type of client who gives lots of reasons why any number of people who glom onto and exploit the judicial system can not only survive but also thrive. Of course, they’re virtually all of the left. So such people undoubtedly believe their motives rest on a sea of great humanity, generosity and wonderful populism. But, in reality, they are just the opposite of what they fancy themselves to be all about.

    I was trying to find out more about Kimberlin, beyond just his criminality, such as what he was like in grade school, his early home life, the nature of his friends/spouses/significant others, whether his parents were flaming liberals, etc. Ultra-liberalism infuses the life story and decades-long background of Obama, and it would be interesting (or surprising) if something similar wasn’t a part of Kimberlin’s background.

    Also, there’s the question of whether his leftism is so extreme that he, in effect, is just as mentally defective (ie, totally pathological or psychotic) as he’s ideological. Whatever the details, he at the very least is straddling a very fine line, which he certainly has crossed over on more than one occasion.

    Mark (48b2da)

  19. Maybe I’ll subscribe to the NYT and then get them shut down because they throw their phony paper at me every day. That’s harassment.

    Then I’ll sign up for cable…

    Amphipolis (d3e04f)

  20. I wonder if a simple way to describe Google alerts for a (potentially) non-technologically inclined judge is to say its essentially a virtual stalker (or private investigator) sent out to look for people who use his name and report back. Its the person who hired the stalker/detective who took the affirmative action, not the person who is being reported on.

    John T (083f74)

  21. He is not going to stop, until someone (morally and legally) forces him to stop.

    Think of the time wasted trying to swat this bug. Pun NOT intended, honestly. I don’t think he does this because he’s getting paid — though he has backers. This is great fun for him.

    ukuleledave (e546ca)

  22. @ #10:

    Eventually, Maryland should trigger their vexatious litigant statute. Eventually.

    Comment by luagha — 6/27/2012 @ 8:03 am

    This was discussed a couple of weeks ago at McCain’s blog. Someone volunteered that Maryland has a very high standard to mark someone as vexatious. Someone else noted that with over 100 baloney lawsuits, if Kimberlin doesn’t qualify, why do they have a law at all?

    Estragon (13e813)

  23. Shorthand BK: “I’ll stop being a dick as soon as everyone stops talking about how much of a dick I’ve been.”

    Icy (58301d)

  24. Back in the day, I just know that BK would be one of those individuals who, upon entering a L.V. casino, would pick up the “house” phone, and have himself paged.
    What a small, insecure, little POS!

    AD-RtR/OS! (b8ab92)

  25. This just confirms for me what I tweeted yesterday: They’re panicking. After all the lawfare and SWATing, the last two instances happening to the same guy on the same day, they have to know the proverbial jig is about up. Karma happens, and there’s no escape.

    Nicholas Fitzgerald (ac2713)

  26. Google Alert is just a notification service. Most people, judges included have never heard of Google Alerts. Are Maryland judges capable of learning what they are?
    Even if a judge rules the evil Brett Shrimperlin can no longer consider an Alert a form of contact does anyone really think this will stop the turd?
    Evil does what it does until it is at least locked away.

    jasond (0b7791)

  27. Do Google Alerts get through the filtering software in federal penitentiaries?

    Just curious.

    Hoystory (249551)

  28. What’s the best way to prevent another Anthony Weiner take-down?

    Force conservative bloggers to almost have to fight for their lives, silence them through legal action, and silence many others indirectly through intimidation. Soak up the best talent and energy with spurious but very serious attacks. Make it about the personal conflict, not about the issues. See if you can get them to strike back in kind. it’s not random and it’s not crazy.

    It’s not going to stop because it works so well. Kimberlin apparently has nothing to fear and maybe nothing to lose.

    So those of us who are not on the firing line here need to keep looking for the Weiners they are trying to protect. That’s what this is all about.

    Amphipolis (d3e04f)

  29. BK has to know better. It’s very similar to him asking over and over again “so she was killed in a car accident?” every one of the half-dozen or so times time Sandi’s sister’s husband corrected “No, she [Judy Scyphers] was shot”

    Sarahw (9e81e8)

  30. “Back in the day, I just know that BK would be one of those individuals who, upon entering a L.V. casino, would pick up the “house” phone, and have himself paged.”

    AD-RtR/OS! – Wait, I’m not the only one who does that? Heh.

    DON’T YOU KNOW WHO I THINK I AM!!!!!!!!!!!

    daleyrocks (bf33e9)

  31. Comment by Sarahw — 6/27/2012 @ 1:21 pm

    It’s very similar to him asking over and over again “so she was killed in a car accident?” every one of the half-dozen or so times time Sandi’s sister’s husband corrected “No, she [Judy Scyphers] was shot

    No, it was just three times. It seems maybe like he forgot his lines. Or he was hoping Jack Crosby would give him some opening for something. The third time he got somewhat aggravated, and told him something like, “No, dammit, she was not in an accident. Will you help us or won’t you” (they wanted Brett Kimberlin to tell them how they could get in contact with Sandi (Sandra), who was traveling. Brett then said he would see what he could do. Maybe he could take care of contacting her.

    Brett Kimberlin in the (false) story that he told years later to Mark Singer also brought up the idea of a car accident. He claimed he had gone to Rodney Flint (where in fact he probably went, but later in the day than he said) Rodney Flint was actually somebody involved with him in the pot trade. Kimberlin claimed he was heading home when he got beeped by his sister Cynthia. He said that was about one o’clock and that he thought Julia was killed at about twelve-thirty p.m. (in reality she was shot about 3 p.m. and it should have taken till about 4 p.m. for him to be paged by his sister. In any case, Cynthia is supposed to have heard Mrs. Scyphers was dead. Brett Kimberlin said (sometime around 1992 or later) that after he was paged he went to the nearest roadside pay phone and called Cynthia and he said he asked her if she died in a car accident and she said she didn’t know. I’m not clear if Mark Singer ever got a version of this story from Brett Kimberlin’s sister.

    Anyway Mark Singer asked Kimberlin why he had gone to Martinsville to see Rodney Flint. Kimberlin said he didn’t remember what it was but it was some routine thing, probably to pick up some money, some business.

    Later on he told Mark Singer, that yes he did remember what it was. He had gotten some T-shirts for his legitimate business, Good Earth, and Rodney Flint’s daughter, Lisa, and a friend of hers, wanted one, so he went there, and he wanted to go there because he was having a sort of romance with Lisa’s friend (who was 15 years old at the time) So h took those T-shirts there that morning, but it had nothing to do with business.

    Later on, Mark Singer made inquiries and “other people” who didn’t wish to be identified but were “in a position to fill in some of the hours that
    were missing from his narrative” told him things.

    Brett Kimberlin actually went there for a deal that involved thousands of pounds of marijuana, and he didn’t get there until maybe late in the afternoon. The time may be estimated from the following anecdote:

    They were in the middle of a weighing operation, when Brett Kimberlin, without explanation, said he wanted to watch the local 5 P.M. television news. So they all left the garage where the scales and the load were, and went into the house and up a flight of stairs to where there was a TV. The Scyphers murder was the lead story, and Brett reacted with surprise. “My God. That’s Sandy’s Mom!” he said. And then he immediately made some kind of a phone call to somebody.

    Mark Singer may have asked if he denied being responsible but the informant told him that he didn’t deny anything that day because he wasn’t accused of anything!

    Sammy Finkelman (976d9e)

  32. Perhaps AW should seek an order compelling BK to contact Google and cancel his alert subscription. It would be highly inappropriate to order Google to cancel BK’s subscription against his wishes. That is, prepare a judicial estoppel argument where BK either wants or does not want the alerts of his own free will.

    Let’s not forget that all student loan borrowers are treated as a greater evil for non-payment of debt than BK. Only upon death can they be free. They endure more daily sh*t than BK.

    pdxnag (e26688)

  33. Perhaps someone will point out to Judge V. that a Google alert is the modern equivalent of a clipping service.

    Karl_L (ff486c)

  34. Do Google Alerts get through the filtering software in federal penitentiaries? Just curious.
    Comment by Hoystory — 6/27/2012 @ 12:42 pm

    No. At least as recently as 2009 when email became available and managed by a 3rd party provider under contract to the Bureau of Prisons, all email communication is through an assigned email address, monitored and censored and costs the inmate five cents per email sent or received. NO internet access at all.
    Of course, in work camps like FPC Pensacola where I was, smart phones are smuggled in all the time and many of the inmates access facebook, myspace, etc. while at their work stations away from camp. There are daily shakedowns, but this is a growing problem. When I left the prison camp in January 2010, the penalty for being in possession of a contraband communication device was a new charge of introducing contraband into a federal correctional facility (5 years) and an immediate transfer to a medium security facility to await trial on the new charge.

    plemmen (6cd503)

  35. It’s perfectly true that google alerts is like a clipping service, and that should be enough to establish that BK is not contacted by anyone in particular, but himself seeking out any news about or mention of his name.

    I don’t think it’s necessary to make any other refutation of his complaint.

    One thing that hasn’t been mentioned in the comments so far, is that Googles service enables BK and everyone else to refine his search. He can exclude terms and specific sites.

    He could exclude any mention of Aaron’s name, or any specific term, and exclude Aaron’s blog altogether, or any other website.
    https://support.google.com/alerts/bin/answer.py?hl=en&answer=175927

    Sarahw (b0e533)

  36. Sarahw, in light of today’s ACA ruling, can we be sure that what Kimberlin is doing is unconstitutional?

    According to Chief Justice Roberts, it’s his job to read laws in such a way to construe them in such a way that they are Constitutional. After all, he wouldn’t want to be “extreme” and overturn laws that legislatures see fit to pass just because they don’t comply with the Constitution. Surely he can read MD’s Peace Order law in such a way to find it Constitutional, even if that means substituting his own language that the state legislature could have used instead of the language that it did.

    Sorry. I’m in the throes of, not so much despair, but utter contempt at the moment. That being the case, I may not be too far off base.

    Steve57 (c441a6)

  37. There has to be away to check implementation of the” tax”, and there is. Whether by amendment or statute, it can be stopped, and we should stop it.

    Roberts erred. That’s his legacy.

    Sarahw (b0e533)


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