Patterico's Pontifications

Liberty must be sacrificed for equality, racists!

AZ Bob (1c9631) — 7/4/2012 @ 7:11 pm

Let freedom ring.

or, at least DING!

redc1c4 (403dff) — 7/4/2012 @ 10:39 pm

Let’s get this show a rollin.

AZ Bob (1c9631) — 7/4/2012 @ 10:45 pm

I remember particularly sitting in a chair just outside a barred door, where a few moments later they would take most of my earthly possessions on me at the time and put it in a giant Ziploc style bag. But before they did that, my hands were uncuffed at that moment and they left me mainly alone. So I put my hands together and prayed. I said, in my mind, “God, I really hope this is part of your plan to make this story even bigger than it was before. Because otherwise this doesn’t seem like a particularly good turn of events.” My thoughts and prayers were focused on the idea that a higher purpose might be served. One of my favorite phrases from Rev. Martin Luther King Jr. declares that “God still has a way of wringing good out of evil. And history has proven over and over again that unmerited suffering is redemptive.” I do thoroughly believe that to be true.

Amen, Mr. Walker!!!!!

Liberty, apparently isn’t something that sticks in the air simply because we have a lingering constitution. Liberty reigns temporarily until such time that the unbearable lurks its ugly head once more and men/women of faith in liberty plan a strategy to fight once more. That’s our heritage.

I really appreciate this blog for that reason – as well as the links to all the other bloggers who take it upon themselves to accentuate what liberty truly means by standing up to unjust laws and unjust litigation.

Brandon (d777af) — 7/5/2012 @ 3:27 am

I spent the last 14 years of my legal career as an administrative law judge so I speak from experience. Any judge with a heavy calendar does not appreciate interuptions – particulary from someone who should know better. Aaron, you would have had a chance to present your side of the matter in due course so interupting the other side’s presentation is not a good idea. Aaron, a good practicioner would have let his opponent dig his hole deeper and then buried him. Interupting the other side’s presentation is never a good idea but it is a particulary bad idea when you are going to have to “educate” the judge.

Michael M. Keohane (4df160) — 7/5/2012 @ 3:55 am

As ill-advised as it may be to interrupt a judge during the other side’s presentation, isn’t a judge required to allow you to present your own side of the argument before making a ruling?

I wasn’t aware that a judge’s requirement to uphold the law was contingent upon his personal level of annoyance.

Pious Agnostic (7c3d5b) — 7/5/2012 @ 4:01 am

The old saying about referees should also apply to judges IMHO. They should both make the calls they have to make, but avoid making it all about themselves. Judge Vaughey most definitely injected himself into the issue.

Russ from Winterset (6354df) — 7/5/2012 @ 5:02 am

Aaron, you would have had a chance to present your side of the matter in due course so interupting the other side’s presentation is not a good idea.

The judge said he wanted to be done in ten minutes. He also cut Aaron off from making his case, refused to actually read the blog posts in question, and frankly did not allow Aaron to present his side.

Objecting to a perjurer lying is a good idea. You need to preserve that point when it happens.

it is a particulary bad idea when you are going to have to “educate” the judge.

Citing the actual facts and the law is a great thing to do and I believe most judges are receptive to that. For example, Aaron saying the Brandenburg incitement standard was not met should have been a powerful argument. It does seem that the judge had an attitude where teaching him about basic Con Law was going to make him more irritated as he really hoped the case could be resolved in just minutes. The results were unlawful, and that is 100% Vaughey’s responsibility.

Dustin (330eed) — 7/5/2012 @ 6:39 am

If the judge did not give Aaron adequate time to make his case, the story would be different. However, Aaron’s behavior contributed to the outcome. He would be in a much stronger position if he had waited until it was his turn and then presented his case. I strongly believe that my clients did not want to “win” on appeal but in the initial trial. It is much cheaper to win at trial than to win on appeal. You take your judges as you get them and a good advocate knows how to “work” different judges. Vaughney “blew it” but Aaron helped.

Michael M. Keohane (4df160) — 7/5/2012 @ 7:06 am

My notion, that many of Kimberlin’s sponsors contacted the judge, and resonated some understanding about the good work he was prevented from doing, seems more plausible by the day,

narciso (ee31f1) — 7/5/2012 @ 7:14 am

I guess it’s just a fact of life that, regardless of what any higher court may have ruled on any particular issue, every court that is currently in session is subject to the Vaughey Standard, which in essence states that if we aren’t done in 10 minutes I’m going to find for the for the guy who annoys me less.

Pious Agnostic (7c3d5b) — 7/5/2012 @ 7:17 am

There’s a reason, he had been retired for 7 years,
who pulled that string?

narciso (ee31f1) — 7/5/2012 @ 7:25 am

If the judge did not give Aaron adequate time to make his case, the story would be different.

No, that’s actually what happened.

Dustin (330eed) — 7/5/2012 @ 7:30 am

And reading over the transcript shows Aaron behaved quite well.

On the day of the arrest, the trolls (Neal’s trolls) were saying Aaron was flipping out and arrested for contempt and his behavior was the problem.

Then we learned the truth. Brett had filed another dishonest set of charges, which were dismissed soon after, and got an arrest warrant on that basis.

The transcribed audio tells a story of Aaron patiently objecting to a perjurer’s dishonest claims and patiently explaining the appropriate legal standard and how it applies to a judge who wanted to be done with the case within ten minutes and shut Aaron’s case down before he closed it because, as the judge explained, the proceeding was taking too much time (for the judge… it hadn’t even been an hour).

So, no, Keohane, you’re completely wrong.

Dustin (330eed) — 7/5/2012 @ 7:33 am

Being an impatient pedant is never helpful in a court proceeding.

Ballsucker Palin (052421) — 7/5/2012 @ 7:40 am

Do you kiss your momma with that screen name?

Icy (0eb7f2) — 7/5/2012 @ 7:42 am

…or in a comment thread.

Pious Agnostic (7c3d5b) — 7/5/2012 @ 7:46 am

“Palin” – but being a perjurer like Brett Kimberlin is a bonus? Thanks for the troll. Did you make your bones in the BK crime family?

SPQR (26be8b) — 7/5/2012 @ 7:50 am

Being an impatient pedant

‘You’re honor, I didn’t meet the incitement standard set in Brandenburg’ is being pedantic?

Dustin (330eed) — 7/5/2012 @ 7:54 am

LOL @ my typo

Dustin (330eed) — 7/5/2012 @ 7:54 am

And Aaron, was being generous, since when is telling the truth, incitement under the Brandenberg standard.

narciso (ee31f1) — 7/5/2012 @ 8:04 am

Within reason, my friend. Within reason.”

This still makes me LOL.

Pious Agnostic (7c3d5b) — 7/5/2012 @ 8:41 am

http://articles.orlandosentinel.com/2012-07-05/news/os-george-zimmerman-bond-decision-20120705_1_bond-jail-george-zimmerman

narciso (ee31f1) — 7/5/2012 @ 9:03 am

From narciso’s link; an incredible accusation from the judge! [emphasis mine] “It is ENTIRELY REASONABLE for this court to find that, but for the requirement that he be placed on electronic monitoring, the defendant and his wife WOULD HAVE fled the United States with at least $130,000 of other people’s money.”

— Wow. This judge ‘knows’ that Z and his wife were planning to flee the country? As SF writer Larry Niven wrote: Tanj! (“There ain’t no justice!”).

Icy (0eb7f2) — 7/5/2012 @ 9:37 am

Things have gone well for Aaron in court today.

Dustin (330eed) — 7/5/2012 @ 9:56 am

______________________________________________

And reading over the transcript shows Aaron behaved quite well.

That’s why I suspect that based on Cornelius Vaughey’s political bent, Aaron couldn’t have done much of anything to really help his side of the case. However, to know whether that assumption is absolutely correct, it would be interesting to learn the full history of the judge. The way Vaughey has ruled in his many decades in the courtroom would be a window into his mind, and I’d be surprised if that didn’t reflect a peculiar (or stereotypical) sympathy for most breeds of ambulance chasers, or a mindset not too different from that of extremists like Kimberlin.

Mark (d27584) — 7/5/2012 @ 10:25 am

My point was that there is no good reason to annoy a judge. Particulary by challenging the judge’s authority and legal knowledge. The judge may be a complete twit but it is never a good idea to point that out. Wait until it is your turn to present your case and let Kimberlin make an a** of himself.

Michael M. Keohane (4df160) — 7/5/2012 @ 10:29 am

My point was that there is no good reason to annoy a judge.

And Aaron’s point was that the law says that his blogging isn’t harassment and it is unlawful for a court to restrain his speech without due process, citing precedent.

And Aaron’s right.

If this argument annoyed Vaughey that is appalling. And judges aren’t kings. I show them the same respect I show anyone, but if they are showing contempt for the law, it’s OK to criticize them.

Dustin (330eed) — 7/5/2012 @ 10:50 am

I’m seeing reports that Judge Rupp has ruled today that Kimberlin has no basis for a peace order against Aaron.

SPQR (26be8b) — 7/5/2012 @ 11:08 am

Lee Stranahan is working on a post about this, SPQR. David Hogberg is as well.

I’m very happy (I spoke briefly with Aaron).

However, another friend reminded me that it’s these moments when we breath a sigh of relief that something bad happens. Everyone involved needs to be careful.

Dustin (330eed) — 7/5/2012 @ 11:25 am

Dustin, indeed. Sociopaths like Brett Kimberlin behave irrationally at all times, but especially when cornered.

SPQR (26be8b) — 7/5/2012 @ 11:30 am

Quote from AW’s twitter feed on allergictobull: “Once again #BrettKimberlin failed in circuit court w/o my side putting on a defense. #hearing about 2 hours ago”

rfy (0f1c61) — 7/5/2012 @ 11:31 am

Hoge reports some amusing lies by Kimberlin. Evidently we are all part of a “right wing militia” named “Army of Davids”.

He can’t stop lying.

SPQR (26be8b) — 7/5/2012 @ 11:33 am

LOL. the Army of Davids is a militia? Oh I have to give Brett credit for being a creative liar.

Dustin (330eed) — 7/5/2012 @ 11:35 am

I guess in Kimberlin’s mind that makes me the 1911 Militia of Iowa, and Rauhauser will come up with some lie that I ran him out of the state.

PCD (1d8b6d) — 7/5/2012 @ 11:42 am

SPQR? What!? Did he actually say that? No kidding? Because that is too silly.

Sarahw (b0e533) — 7/5/2012 @ 12:44 pm

I heh -ed out loud.

Sarahw (b0e533) — 7/5/2012 @ 12:47 pm

May 18 2012 “Army of David” blog post about Breett Kimberlin (hat tip: Google)

http://lonelyconservative.com/2012/05/calling-all-conservative-bloggers-the-army-of-davids-needs-you/

Sammy Finkelman (d22d64) — 7/5/2012 @ 1:08 pm

The Maryland Peace Order statute seems to be administered on the basis that nobody would ever lie about a fact to get a peace order – that the procedure would not be used maliciously.

And they don’t care about perjury.

Sammy Finkelman (d22d64) — 7/5/2012 @ 1:24 pm

The money for Zimmerman’s bond will basically come out of Mark O’Mara’s fee. (he was originally going to do this poro bono)

Sammy Finkelman (d22d64) — 7/5/2012 @ 1:27 pm

I cracked up when i saw what Lee wrote about what BK wrote about An army of davids.a That’s just nutty. Just kooky-nutty. Does BK have a problem with metaphor? A Christian militia? Seriously?

Sarahw (b0e533) — 7/5/2012 @ 1:52 pm

That’s how brazen a liar Brett Kimberlin is, Sarah.

SPQR (26be8b) — 7/5/2012 @ 2:26 pm

Zimmerman will need about 48 hours to raise $100,000 for bail online.

shipwreckedcrew (fe3b5b) — 7/5/2012 @ 2:51 pm

Announced on Popehat

http://www.popehat.com/2012/07/05/aaron-walker-defeats-brett-kimberlin-retains-first-amendment-right-to-blog-about-him/

Aaron Walker succeeded in overturning entirely Judge C.J. Vaughey’s unprincipled and lawless prohibition against blogging about Brett Kimberlin. Judge Nelson Rupp ruled — quite correctly — that writing about someone is not the same as contacting or harassing them.

Joe (c21991) — 7/5/2012 @ 3:38 pm

And its hilarious that Brett Kimberlin brought along his pet, Neal Rauhauser. I think Neal needs to hold out for a more fashionable collar, but that’s just the fashion maven in me.

SPQR (26be8b) — 7/5/2012 @ 3:58 pm

Of course, the big mystery of the attraction between Brett Kimberlin and Neal Rauhauser is that Neal does not look 12 years old.

SPQR (26be8b) — 7/5/2012 @ 5:09 pm

At this point it’s likely that neither NR or BK trust the other one to be out of their sight. One of them is the weak link.

elissa (b5155e) — 7/5/2012 @ 5:21 pm

WOOT! #BrettKimberlin Loses!

“Judge Rupp ruled that there was no evidence to support Brett Kimberlin’s petition for a Peace Order.

Part of the way through his presentation Kimberlin accused Mr. Walker of mobilizing an Army of Davids (who he viewed as a right wing militia) against him. How about that, Prof. Reynolds?”

http://hogewash.com/2012/07/05/woot-brettkimberlin-loses/

Colonel Haiku (9beecc) — 7/5/2012 @ 5:31 pm

I thought Rauhauser
was just a German dog breed
but I could be wrong

Colonel Haiku (9beecc) — 7/5/2012 @ 5:35 pm

Lapdog more likely.

SPQR (78d7f4) — 7/5/2012 @ 5:56 pm

A certain judge is a lazy slob.

Alan Kellogg (297baa) — 7/5/2012 @ 6:07 pm

That’s just nutty. Just kooky-nutty. Does BK have a problem with metaphor? A Christian militia? Seriously?

Comment by Sarahw

Of course he doesn’t actually believe it.

He recognizes that honest speech petitioning the government isn’t harassment. He is trying to bridge the gap from reality to his con, and to do so he needs to show that the speech is alarming or inciteful of violence.

Thus, ‘The Army of Davids needs you’ is pretended to be a reference to a militia. Thus, comments are astroturfed. Etc etc.

Rupp saw right through it.

Dustin (330eed) — 7/5/2012 @ 6:46 pm

Hey if you wanted to know how the case turned out, go here. Old school dance rap is involved.

Aaron "Worthing" Walker (23789b) — 7/5/2012 @ 7:19 pm

Dustin, its hard to say which is nuttier – Brett Kimberlin thinking his lies about “Army of Davids” being a christian militia would be believed or that Brett Kimberlin believes it.

SPQR (26be8b) — 7/5/2012 @ 7:34 pm

Comment by SPQR — 7/5/2012 @ 7:34 pm

Dustin, its hard to say which is nuttier – Brett Kimberlin thinking his lies about “Army of Davids” being a christian militia would be believed or that Brett Kimberlin believes it.

The latter is nuttier. And Kimberlin doesn’t even beleive the former – he always goes for long shots in litigation. He’s nutty the way someone who always bets on a 30-1 long shot is nutty.

I think he seized on the word “army”

Sammy Finkelman (d22d64) — 7/6/2012 @ 2:34 pm

All I know is that Brett is an Almond Joy kinda guy.

Dustin (330eed) — 7/6/2012 @ 2:37 pm

Dustin, and his van reads “Free Candy”.

SPQR (26be8b) — 7/6/2012 @ 2:59 pm

Yeah. I try not to think about that aspect.

Dustin (330eed) — 7/6/2012 @ 3:24 pm

Sounds legit

Sarahw (b0e533) — 7/6/2012 @ 3:56 pm

yeah Sammy, that kind of nutty.

I suppose someone who’s gotten away with as much as he has , has learned to hopesfor a silly judge, silly donors, silly women… and they turn up often enough. The world, in his view, is mostly made of saps and suckers.

Sarahw (b0e533) — 7/6/2012 @ 4:03 pm

On the other hand, his brother was schizophrenic, his mother a walking reaction formation with issues of her own; he indulges in magical thinking and according to Mark Singer, really believes in a self-created reality…splitting atoms with his mind and all that. He will tell you he can levitate out of prison and It’s not all together clear he doesn’t believe any of the nonsense he wishes you to believe.

It’s like, there’s someone In there who knows about all the fantasy and lying, but a masking personality in charge of concealing the coconuts.

Sarahw (b0e533) — 7/6/2012 @ 4:14 pm

61. No – Brett Kimberlin was lying. His talk of levitation was to cover up a possible prison escape. He wanted people to think he got out by levitating. At least anyway have them considering that theory.

Sammy Finkelman (c08134) — 7/6/2012 @ 4:17 pm

He has not much respect for the sense of other people.

Sarahw (b0e533) — 7/6/2012 @ 4:24 pm

7/4/2012

Aaron Walker Talks About the Day He Was Arrested for Blogging

63 Responses to “Aaron Walker Talks About the Day He Was Arrested for Blogging”

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