Patterico's Pontifications

7/24/2017

Victory over Brett Kimberlin: Summary Judgment Granted Against Convicted Bomber and Perjurer

Filed under: General — Patterico @ 7:51 am

Free speech has won.

After nearly four years, convicted bomber and perjurer Brett Kimberlin has lost his lawsuit against your favorite blogger (that’s me!). Federal District Judge George Hazel today issued an opinion granting me summary judgment in Kimberlin’s frivolous and censorious lawsuit against me.

It is a total and complete victory. There will be no trial. I will pay nothing. I will take down no blog posts about Kimberlin. The lawsuit is simply over. (Of course, he’ll appeal. He always appeals.)

My deepest thanks go to my pro bono counsel: Ron Coleman of Archer & Greiner and the Likelihood of Confusion blog, and Bruce Godfrey of Jezic & Moyse LLC.

I can’t say enough about these guys. They stood by me at all times, working for no pay — all for the righteous cause of defending free speech. Ron Coleman juggled this case with his internationally known pro bono case for the Slants, which resulted in total victory and a landmark opinion for free speech. In addition to his fine legal work with Ron on the briefs, Bruce Godfrey dealt with a prickly and difficult client (that’s me!) on discovery issues, and spent countless hours cataloguing, redacting, and organizing the voluminous discovery — not to mention dealing with the court and Kimberlin, and navigating me and Ron through the Maryland legal world.

(In an unrelated note: If anybody knows Jennifer Lawrence, contact me at patterico@gmail.com. Inside joke. But seriously, write me if you know her.)

These guys also work for pay. You should hire them.

I would be remiss if I did not mention as well the efforts of Kenneth P. White of Brown White & Osborn LLP and the essential Popehat blog. Ken not only provided strategic advice and endured dozens (hundreds?) of emails about the case, but he and Ron also handled the frivolous lawsuit against me by Nadia Naffe — another total victory where I paid nothing and retracted nothing I had said. The Naffe case was cited by Judge Hazel in today’s decision, and provided an important precedent for free speech by prosecutors and other government employees.

Thanks to my readers for sticking with me through all of this, and for the support I have received from so many of you.

It’s a good day for free speech.

[Cross-posted at The Jury Talks Back.]

155 Responses to “Victory over Brett Kimberlin: Summary Judgment Granted Against Convicted Bomber and Perjurer”

  1. Congratulations.

    narciso (d1f714)

  2. I am so pleased that you can begin—perhaps—to put all this awfulness behind you. I’m delighted that such great people have stood by you. It’s a sign of hope.

    Best wishes.

    Simon Jester (bcb31a)

  3. Greetings:

    Congratulations, counselor.

    At risk of dampening your parade though, when I was growing up in the Bronx of the ’50s and ’60s, there was a bit of folk wisdom that taught. “If you in court you’ve already lost. The question to be decided is how much.”

    Perhaps our President will mention your “Free Speech” victory in one of his tweets.

    11B40 (6abb5c)

  4. Great news for you obviously, and for the cause you judge forward here every day.

    Shipwreckedcrew (8356bd)

  5. “Nudge” – damn auto-correct.

    Shipwreckedcrew (8356bd)

  6. New to this history but it does seem you have a worthy victory. Congrats, but it must have been costly.

    Ben burn (b3d5ab)

  7. Three cheers to everyone who stands up for free speech, particularly today Patterico and his awesome legal team.

    JVW (42615e)

  8. Well done and best wishes. This is good news.

    Machinist (4332ef)

  9. Congrats. It’s always so pleasant to win on one’s MSJ, so I expect that you and your counsel are feeling pretty much on the top of the hill. Don’t no beans about the suit against you, but I’ll take the default position that justice has been done. (“Default” plus, I guess, the info re: one of your attorneys – the “Slants” guy – whose position & result impressed me, there.) Again, congratulations.

    Q! (dc34c0)

  10. Congratulations!

    But, having won a frivolous lawsuit, why are you not entitled to recover fees for your legal team?

    Dave (445e97)

  11. Great news, Patterico. Congratulations.

    Leviticus (efada1)

  12. Well done, Patterico!

    nk (dbc370)

  13. To be clear, my question isn’t intending to put a damper on the victory. It’s just, I know the other party was represented pro se, and it sounds like they got away with abusing the legal system and causing you years of grief without suffering any real consequences.

    Dave (445e97)

  14. Oh, and, chyeah, like if I had Jennifer Lawrence’s phone number, I’d give it to you

    Dave (445e97)

  15. Congratulations! A great day for the good guys. Hoping his appeal is dealt with quickly and as skillfully.

    Lenny (5ea732)

  16. If I had Jennifer Lawrence’s phone number…I’d probably be prosecuted.

    Appalled (96665e)

  17. Man, I enjoyed reading that opinion. A few “Kimberlin fails” and then the coup de grace:

    “Kimberlin has failed to submit evidence, rather than his own strongly held convictions, that Frey’s actions were motivated by an improper, retaliatory purpose…”

    That’s gold, Jerry! Gold!

    Virginia SoCon (8eb3c5)

  18. “Kimberlin has failed to submit evidence, rather than his own strongly held convictions, that Frey’s actions were motivated by an improper, retaliatory purpose…”

    And that emphasis is in the opinion; I didn’t add that.

    Virginia SoCon (8eb3c5)

  19. Glad to see common sense and the rule of law prevail. Congratulations on a well-deserved victory.

    crazy (11d38b)

  20. Dave, state law governs whether the winning party gets legal fees. The he general rule is that each side pays their own fees whether they win or lose. There are exceptions (see the link) but don’t be fooled by the equitable exception. It is rare and/or not allowed in most states.

    DRJ (15874d)

  21. You didn’t promise Ron a date with Jennifer Coleman if you won, did you? LOL.

    Dave (445e97)

  22. HOOOO-RAY for the good guy! And a smaller hoooo-ray for the fact that everyone on the board can agree on an item! A pity you can’t now take him to the cleaners.

    Bill Saracino (ad0096)

  23. Thanks DRJ. That’s surprising (and very unfortunate in this case).

    Dave (445e97)

  24. i abjure how long this took

    that’s kinda terrifying

    i helped with a litigate this year and if it had lasted a month longer i woulda needed a new liver

    happyfeet (28a91b)

  25. Why do you keep getting sued?

    Jim Jones (1b20b2)

  26. I’ll hoist a few to the good guys.

    And to Kimberlin.

    https://www.youtube.com/watch?v=R2hkw-qYEWQ

    The Dirty Dozen (1967) with Lee Marvin: “You’re really … quite emotional, aren’t you?”

    Steve57 (0b1dac)

  27. Congratulations!

    JP (f1742c)

  28. “Why do you keep getting sued?”

    This is Brett Kimberlin, the midget bomber of Speedway, who likes to game the courts to sue people to shut up about him. Patrick can and will continue to blog about him if he wishes to do so. Brett Kimberlin wants people to shut up about him so he can continue to use his scam charities for his personal benefit.

    William Milkshakespeare (fd3093)

  29. I’ll keep the commentary to a minimum: kick ass.

    Its amazing that Kimberlin can behave in a way that makes a person reasonably suspect he was involved–including his bogus complaints with your office–but if you suspect he is involved, then that is retaliation for speech! Thankfully, Hazel shot that down, and did so that even if one legal question comes out differently, Brett still loses.

    Aaron Walker (a88db4)

  30. You have no idea how pleased I am for you! Congratulations!

    Dianna (b7aa4f)

  31. Why do you keep getting sued?
    Jim Jones (1b20b2) — 7/24/2017 @ 9:37 am

    Read this: “These guys are going to come out today and say I’m a pedophile,” said Kimberlin. “And tomorrow, I can file another lawsuit against them. And now I know what I need to do. It’s going to be endless lawsuits for the rest of their lives. And that’s what it ends up being. I sue them. They sue me. They come into court. I sue them. They come into court. That’s the way it is.”

    Linky:http://patterico.com/2014/09/01/dave-weigel-covers-the-brett-kimberlin-trial/

    JGault (798bf2)

  32. Congratulations from the Lickspittle crowd.

    Gus Bailey (b3e74b)

  33. I’ll be happy to bend an elbow to help celebrate. Congrats, and thanks to Ron Coleman, Bruce Godfrey, Ken White, and all who made this possible.

    Jeff Lebowski (ef7bfc)

  34. Kimberlin has actually had success shutting people up by making the cost of telling the truth about him high.
    I am grateful there are still good men that will pay the freight to tell a truth that needs to be told – or defend its telling.

    SarahW (3164f0)

  35. Congratulations on this huge win. Well deserved. Thank you for fighting against such an evil man and bringing the truth of his actions to light.

    Does this also mean your former parttime blogger Aaron Worthing is free of these suits as well?

    Has the evil bomber been declared a nuisance so he can no longer sue with malice to shut people up?

    NJRob (7f4bec)

  36. Congratulations, man. That’s fantastic news.

    aphrael (e0cdc9)

  37. I’m pretty sure BK’s appeal is already crafted, and unbearable – the same exhausted bag of dusty moans and lies. Well, he means to make people weary. I just hope the court puts him down ASAP.

    SarahW (3164f0)

  38. “I’m pretty sure BK’s appeal is already crafted, and unbearable”

    And I’m sure that Goldman and Godfrey already have prepared something in the event that happens. Maybe asking the judge to throw the bench at the midget.

    William Milkshakespeare (fd3093)

  39. Good News. Congratulations.

    Loren (66de82)

  40. Hazel struck me as occasionally overgenerous with Kimblerlin and his allegations, or at least very careful with them, but the one thing that truly pissed me off, was his reference to the criminal false homicide report which brought police to P.’s house as a “prank.” The prank was no joke, and in spirit closer to attempted murder. It hurt to see it referred to as something lighthearted and funny.

    SarahW (3164f0)

  41. Congratulations, now file under Fed. R. Civ. P. 54(d)(1)

    John “Minemyown” Doe (4f72ed)

  42. Since he represents himself, do these lawsuits cost him anything in court costs? And if so, is it a flat amount or does each motion cost money to file?

    Dave (445e97)

  43. Congratulations. Now, if could only be fund to be a vexatious litigant.

    Kevin M (752a26)

  44. *found

    Kevin M (752a26)

  45. At this moment I don’t know if I’m more pleased that truth and justice prevailed, or that a two-faced low-down belly crawlin’ POS terrorist got zipped. In either case I’ll raise my glass and gladly drink without thirst to your continuing wellbeing.

    ropelight (a7d89c)

  46. Dave, state law governs whether the winning party gets legal fees

    I have a business associate who was sued for defamation, largely based on testimony he gave as a witness in a fraud trial starring the plaintiff. After hearing the plaintiff’s “case”, the judge dismissed it for lack of evidence and then turned to my friend and said “And I invite you, sir, to sue for recovery of your costs.”

    Kevin M (752a26)

  47. O frabjous day! Callooh! Callay!

    The court’s choice write the memorandum such that displayed prominently on the first page we see

    “However, Kimberlin warned that {failure to comply with Kimberlin’s demands] could have consequenses, stating ‘I have filed over a hundred lawsuits and another one will be no sweat for me’”,

    is a statement in itself.

    KAGsundaram (0d677f)

  48. If we only had POTUS who respected the Judiciary and the 1st Amendment..( not FIRST by accident)

    Ben burn (b3d5ab)

  49. Congratulations, but Kimberlin seems to feed off his ridiculous suits.

    Rick Caird (511a9d)

  50. Hazel struck me as occasionally overgenerous with Kimblerlin and his allegations, or at least very careful with them, but the one thing that truly pissed me off, was his reference to the criminal false homicide report which brought police to P.’s house as a “prank.” The prank was no joke, and in spirit closer to attempted murder. It hurt to see it referred to as something lighthearted and funny.

    There did not seem to be much recognition in the opinion of what it is like to go through such an incident, to be sure. I don’t agree with everything in this opinion, which I agree is still “overgenerous” to the bomber — but it’s good enough. A win is a win. And this is a win.

    Patterico (305171)

  51. I agree with all of SarahW’s comments. I am especially impressed with Patterico’s determination and courage, and the dedication of his pro bono attorneys. It’s one thing to talk about principles like free speech but it’s another to sacrifice for them the way they and Aaron did.

    DRJ (15874d)

  52. Congratulations! Thank you to you and your attorneys for standing up to this low life. It would have been nice if it could have been resolved in a more reasonable time frame (less than 2 years?).

    Ken in Camarillo (63ee4d)

  53. Good for you, Patterico. It was a long fight so enjoy your victory. High praise to your attorney’s too.

    Rev.Hoagie® (630eca)

  54. Apparently he has a track record of an unusual number of cases like this. It seems that if you could show an unusually low rate of victories for him in these cases, it would make a great argument that he is guilty of malicious prosecution and/or abuse of process. Add to that the comment he apparently made about the casual way he files these cases.

    Ken in Camarillo (63ee4d)

  55. Congrats!

    Scoob (4fcbe9)

  56. DRJ (15874d) — 7/24/2017 @ 12:53 pm, yeah but it takes money.

    Where do I donate, Pat? Somebody earned my money. First you. Next me.

    We are all in this together.

    Steve57 (0b1dac)

  57. Congrats congrats congrats on truth and good winning.

    Best of luck making this person pay for all the time and effort involved.

    harkin (140d0a)

  58. Mr. Hinderaker did a post on the Slants case yesterday

    happyfeet (28a91b)

  59. From the Weigel piece referenced in 32:

    “Within a month, bombs were going off in Speedway. One of them mauled a man who would later commit suicide. After a trial at which six witnesses were hypnotized (the cops had just taken a seminar), Kimberlin was convicted of the bombings; later, he’d be sued for the wrongful death of the victim. He would lose that case and refuse to pay damages.”

    Crazy

    harkin (140d0a)

  60. Congratulations, Patterico!

    felipe (023cc9)

  61. Fake news? 😉

    Well done, Patterico!

    DCSCA (797bc0)

  62. It does my heart good to see so many people just say “congratulations” to you, Patterico. All differences among people aside, that this was decided in your favor (at least for now) is a wonderful thing.

    Simon Jester (c8876d)

  63. We should all agree, Patterico, that at 10PM PDT tonight, to raise a glass to your and your lawyers’ victory.

    As Ron Swanson would suggest, I’ll raise a Lagavulin 16 to you. Best I have in the cabinet tonight.

    Simon Jester (c8876d)

  64. Great news! But by any rational canon, why should this take four years, and come as a surprise? “Justice delayed is justice denied” (attrib. Gladstone, William Penn, even ye Magna Carta [AD 1215]).
    So, what did this Honorable Court’s crepitating mescaleros have for lunch?

    Lloyd Martin Hendaye (6704c0)

  65. Congrats!

    A happy day for us all.

    Sadly, the process is the punishment. How do good guys like you, not to mention your attorneys, get back what they have lost in time, effort and worry?

    Now about Donald Trump . . .

    ThOR (c9324e)

  66. “We should all agree, Patterico, that at 10PM PDT tonight, to raise a glass to your and your lawyers’ victory.”

    Wait? I’m already on my third beer.

    ThOR (c9324e)

  67. Only your third?

    Steve57 (0b1dac)

  68. July is the opener for the A zone for deer in Kali. At least for bow hunting

    https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83560&inline

    Steve57 (0b1dac)

  69. Yes, heart-felt congratulations. Those of us to have drifted off over the years have had the luxury of forgetting about Kimberlin and his trouble-making. I can’t imagine what it’s been like for you.

    Pious Agnostic (e9063c)

  70. Congratulations! A just victory, well deserved.

    Craig Mc (42988d)

  71. Ten thousand congrats!

    Finrod (26657d)

  72. Congratulations. Excellent job. And a pox on those who folded.

    Dave Alexander (5c17c2)

  73. oh my goodness sometimes folding’s all you can do specially if you ain’t got no pro boners

    happyfeet (28a91b)

  74. Faint praise is still praise..

    Not a Patterico fan at all. In fact, he can DIAF. But he did put that domestic terrorist Brett Kimberlin in a little financial strait where he belongs.

    Posted by: Jack is Back! | July 24, 2017 at 08:14 PM

    Ben burn (864baa)

  75. brett picklehead represents himself and he’s a for reals attorney he can do this all day long and twice on sunday

    i don’t understand about the financial strait

    happyfeet (28a91b)

  76. Patterico gives all the credit to the great guys like Ron Coleman, and I am glad to see they get a lot of thanks for their excellent work.

    But Patrick held his own after violent attacks on his home and family, and I’m impressed he’s refused to give up after so many others gave Kimberlin what he wanted. I’m proud to consider Patterico a friend.

    I’m working nights and this was a nice thing to wake up to.

    Dustin (ba94b2)

  77. Congrats to Patterico, and to Freedom of Speech.

    And, no, Kimberlin is not an attorney, nor is he even a learned amateur. What he is, is stubbornly persistent, and possessed of a certain low cunning. This is apparently all that is required in order to extract money from leftists with more of that than sense. Luckily for the rest of us, that near universal condition doesn’t mean most of said leftists actually have any funds to spare.

    AJ Fornicarius Hoc (5ead13)

  78. oh you’re right i misread something earlier about his time in prison after he did bombings on people

    happyfeet (28a91b)

  79. went back and looked at this old story and was mislead by this:

    But in prison, Kimberlin became a decent lawyer and a fantastic self-promoter.

    it’s david weigel (he’s on twitter)

    happyfeet (28a91b)

  80. I skimmed the opinion. I’m unsurprised by anything in it. I did not have the same reaction mentioned by a couple of folks above regarding the opinion being “over-generous” toward Kimberlin’s allegations. This isn’t an explanation for a bench decision after a full trial, but rather a pretrial dispositive motion in which our host sought, and properly received, recognition from the court that there isn’t a genuine dispute regarding key facts (regarding causation) that could justify holding a trial. In such a pretrial ruling, trial judges are required by the relevant procedural rules and caselaw to indulge in every reasonable inference in favor of the side opposing the motion (here, Kimberlin), and the language of the opinion reflects that. But the ruling, as our host wrote, is unequivocal and complete — confirmation from the trial judge that even after giving Kimberlin the benefit of all doubts, there’s still no way he can possibly win and no reason for the case to continue.

    So it won’t, at least not in the trial court. If Kimberlin appeals, the appellate judges — who, like the trial judges, understand all this stuff about which disputes are “genuine” enough to merit a trial, and the presumptions and burdens that go along with all that — will react to this “over-generousness” as merely being a trial judge following the normal procedural rules. If the opinion had, by contrast, a lot of language emphasizing how things seemed from our host’s point of view, that might have signaled to an appellate court that the trial judge had started making credibility determinations or otherwise resolving factual disputes without the benefit of a full trial. So its very “over-generousness” ought make this ruling even less vulnerable to being reversed on appeal.

    This looked to me like a careful decision written by the trial judge in a full expectation (given Kimberlin’s history) that it might indeed be appealed. But no trial judge likes being reversed, and the time and effort that the trial judge put into this opinion adds to its legal credibility. No trial court decision is absolutely bulletproof on appeal, but this one is definitely up-armored with lots of Kevlar.

    Beldar (fa637a)

  81. Beldar

    Bad form to omit congratulations. This is Yuge for patterico.

    Ben burn (864baa)

  82. Seriously. The laborer is worthy of his/her wage.I have very selfish reasons for doing this.

    Steve57 (0b1dac)

  83. Bad form to omit congratulations. This is Yuge for patterico.

    the speech policing around here is getting ooh if you ask me

    happyfeet (28a91b)

  84. congrats pat, to his lawyers, contact defendants, his readers and his supporters

    EPWJ (1528af)

  85. Beldar, I used the phrase “over generous” but wasn’t specific at all. There is one finding I thought was error; the stretching of “this guy is a deputy DA and knows people and what could further solving a crime with more effect than most joes on the street committed against conflated into “state action.” However, it does take a point of appeal off the table, so it’s got that going for it which is nice.

    SarahW (3164f0)

  86. “But Patrick held his own after violent attacks on his home and family, and I’m impressed he’s refused to give up after so many others gave Kimberlin what he wanted. I’m proud to consider Patterico a friend.”

    Hear, hear!

    SarahW (3164f0)

  87. The redistributionist crime spree continues:

    “…their neighbor on Capitol Hill called the Washington Post and told the Washington Post that they were cancelling their Washington Post subscription because their very expensive Sunday Post stopped showing up. Not there this week, last week, the week before, then it was there one week but the week before it wasn’t delivered, so I’m cancelling my subscription to the post because your delivery person never gets to me. I’m paying for it but it never gets to me.

    The Washington Post said, “Please, do not cancel your subscription to the Washington Post. We will investigate with the delivery person and we will get back to you.”

    So the Post investigated. They got back to the person cancelling their subscription to the Post and they said, “Listen, we talked to the delivery person. Our delivery person claims has seen you come out of your house again and again and grab the paper on Sunday mornings. Immediately as the paper delivery person delivers the paper, they’ve seen you come out of your house and pick up the newspaper. So, sir, you are lying to us.”

    [The neighbor] said, “Oh, ok, I’ve been coming out and picking up the paper?”

    “Yes, and we got a description from the delivery person. You are an older man with gray hair, balding, and little round glasses…”

    And the guy said, “I’m like, you know, in my 50s and I’ve got a full head of dark hair. But, my neighbor is Bernie Sanders.”

    http://www.dailywire.com/news/18941/true-socialist-apparently-bernie-sanders-stealing-amanda-prestigiacomo?utm_source=twitter&utm_medium=social&utm_content=051717-news&utm_campaign=dwtwitter

    harkin (140d0a)

  88. Thanks again Patterico for fighting this evil man. I’m grateful you found such solid defenders of freedom to back you up. Hear hear for those fighting for liberty.

    NJRob (6f64a4)

  89. Beldar has a good point. If this decision was after BK got every benefit, then what is there to appeal? Had the judge based his decision on anything in controversy, even a little bit, even just in the mind of a demented bastard, then there’s something to appeal.

    Yeah, he’ll appeal anyway, but on what grounds?

    Meanwhile, try to post about this topic at Aceofspades and you will be permabanned. There’s tough talk and then there’s tough.

    Dustin (ba94b2)

  90. You have no idea how pleased I am for you! Congratulations!

    Dianna,

    You have been an incredibly stalwart friend throughout. My deepest thanks to you.

    Thank you also to so many of the rest of you who have been witness to this harassment for years, and have in many cases given me material help at no small risk to yourself. Dianna falls into that category. So does Dustin. So do several others.

    Something like this reminds me that I have a lot of friends.

    Patterico (115b1f)

  91. Meanwhile, try to post about this topic at Aceofspades and you will be permabanned. There’s tough talk and then there’s tough.

    Even a private note of congratulation from him would be nice. Maybe one will come.

    Patterico (115b1f)

  92. @ Ben burn, who wrote (#82):

    Beldar

    Bad form to omit congratulations. This is Yuge for patterico.

    It would have been bad form, if you were correct.

    But you’ve made the mistaken assumption that this blog’s comments is the only forum through which I would relay my congratulations to our host. I assure you that I did so by email from my cellphone at about 10 a.m. my time, which would be about 8 a.m. CA time, or within a few minutes of this post appearing.

    It is, of course, a huge victory for our host. My comment above was by way of further congratulating him, after skimming the opinion, because I think it so very likely to hold up even if appealed.

    Beldar (fa637a)

  93. @ SarahW: I thought the state action stuff was a stretch too, and it might be just flat wrong; but I think that’s considered one of those mixed questions of fact and law that courts are supposed to resolve as a threshold issue. If so, appellate courts feel free to substitute their own judgments for those of the trial judge; if there’s an appeal, that might be a ground for a conditional cross-point.

    Beldar (fa637a)

  94. Meanwhile, try to post about this topic at Aceofspades and you will be permabanned. There’s tough talk and then there’s tough.

    I don’t want to raise any topic that’s taboo, but is it possible to explain why that is? I know that part of this suit, or a related one, involved an attempt to expose Ace’s anonymous identity. But clearly there’s more to it that I’m not aware of…

    Dave (445e97)

  95. Congratulations!

    Tyree (84087f)

  96. Ron Coleman has written about the experience here. It’s a terrific read, and one that makes me wish that I had possessed the necessary skills to help our friend Patrick fight this difficulty. Thankfully, good and courageous individuals of great skill and talent rose to the occasion on his behalf, as well as further securing the First Amendment for all of us.

    Again, a hearty congratulations, Patrick. Cheers!

    Dana (023079)

  97. Wonderful news! Congratulations on this well-deserved victory!

    sauropod (271cbd)

  98. I don’t want to raise any topic that’s taboo, but is it possible to explain why that is? I know that part of this suit, or a related one, involved an attempt to expose Ace’s anonymous identity. But clearly there’s more to it that I’m not aware of…

    Dave

    There’s a third party involved, and it was related to doxxing. And I get the concern… I was doxxed and I got some hassle from a co-worker about it (a drop in the ocean compared to what Patterico has had to deal with, and it would be insulting for me to complain).

    Readers here get it. The issue is simple. If someone allows themselves to be terrorized into deleting the truth, they are the point where terrorism works. If the only answer to threats to silence someone were like Patterico’s (to publicize exactly what’s happening), then the efforts simply wouldn’t work, and the harm to the innocent would be reduced because the unsuccessful efforts would not be repeated. Ace initially had some very passionate words about this matter, along the lines of ‘a coward dies a thousand deaths’. He’s a brilliant writer and he gets it. And he failed the very ideal he was given credit for. Anyway, no use thinking about him. He’s lost his way.

    I do want to think about Mandy Nagy, who was under considerable stress over this stuff, and deserves a lot of credit for also standing her ground.

    Dustin (ba94b2)

  99. Dustin,

    there’s no need to trash Ace. Let it go.

    BTW, his posts on Kimberlin are still on his website. It’s up to him to run his site, just like Patterico does his own.

    NJRob (7f4bec)

  100. Congratulations! Thank you for persevering in this important case.

    Peter B (0559ab)

  101. Congratulations. That’s one less thing to think about. One less distraction from what is important.

    Your focus can now return to life, family, and career… and politics.

    n.n (184bf3)

  102. @ SarahW: I thought the state action stuff was a stretch too, and it might be just flat wrong

    It is flat wrong, and that is my biggest problem with this opinion.

    The theory is that 1) I had the ear of law enforcement because I am a DA, and that 2) having the ear of law enforcement amounts to state action.

    Except 1) I didn’t have the ear of law enforcement, which did nothing for me, 2) action as a victim is not state action. A DA can be a crime victim too.

    Remember the judge who was threatened by Reason commenters with being fed into a wood chipper? The US Attorney started issuing subpoenas to Reason for the identity of the commenters. Would the US Attorney have gone to such lengths if Reason commenters had threatened to feed you or me into a wood chipper? No. Does that make the judge guilty of state action if the judge reported the threats to police?? Just because the US Attorney treated his complaints more seriously than they would have treated complaints from you or me??? Um, no. Obviously not.

    And if he had been SWATted rather than simply been the subject of silly popping-off threats on the Internet, and of law enforcement had ignored his complaints rather than gone overboard investigating the threats against him, the case for state action would have been weaker still — and more similar to this case.

    Patterico (305171)

  103. Dustin,

    there’s no need to trash Ace. Let it go.

    BTW, his posts on Kimberlin are still on his website. It’s up to him to run his site, just like Patterico does his own.

    NJRob

    You have no idea what you’re talking about.

    http://ace.mu.nu/archives/329608.php

    http://ace.mu.nu/archives/329849.php

    http://ace.mu.nu/archives/330355.php

    http://ace.mu.nu/archives/329525.php

    You’re just picking fights because we argue about Donald Trump. I’m not concerned with your opinion over what I can talk about, including Ace of Spades making a decision I disagree with strongly. He expressed principles that I shared, but he did not follow them, which definitely sucked for the little guys who tried to follow them.

    Dustin (ba94b2)

  104. Remember the judge who was threatened by Reason commenters with being fed into a wood chipper? The US Attorney started issuing subpoenas to Reason for the identity of the commenters. Would the US Attorney have gone to such lengths if Reason commenters had threatened to feed you or me into a wood chipper? No. Does that make the judge guilty of state action if the judge reported the threats to police?? Just because the US Attorney treated his complaints more seriously than they would have treated complaints from you or me??? Um, no. Obviously not.

    The decision to distinguish you from the others cost you years of stress and tons of effort from your lawyers. At least take to heart that this decision is hopefully ironclad.

    Dustin (ba94b2)

  105. BTW, his posts on Kimberlin are still on his website.

    That’s not true, unfortunately.

    Patterico (305171)

  106. I think I may have saved several of those posts from cached versions as I watched them coming down, because there were some eloquent words there about standing up for free speech, and how we all had to stand together against this menace. I wanted to remember those words.

    Patterico (305171)

  107. Anyway, Dustin was here for a lot of this in real time. While he is certainly accurate about the fact that most Kimberlin-related posts have come down at Ace’s site, I don’t think he intends to trash Ace. Neither do I. People make their own decisions for their own reasons.

    As I can confirm that Beldar sent me a personal congratulatory note this morning, I can also confirm that there are people I told about my victory who have not sent me such a note, or blogged about it, or mentioned it in any way. I like to think that will change. I like to think the best of people.

    Patterico (305171)

  108. Patterico is a better communicator than I am. Ace disappointed me quite a bit. Others who made a similar decision as he did haven’t disappointed me because I didn’t expect anything from them. I already said I didn’t want to focus on that; he’s lost his way and I’m not going to waste my time.

    This is a happy post, and should be a happy thread. Victory for the folks who worked hard for a years.

    Dustin (ba94b2)

  109. Dustin understates the level of harassment he endured. It was extensive and upsetting. There is no way to properly explain it in a way that conveys the gravity of the harassment. You sort of had to be there and see it. They gave Ace the business too. I felt really bad for a lot of people. I think Mandy’s case hits me the hardest. It was hard on her health and I can’t help but wonder if this mess contributed to the tragic health problems she has had. I miss talking to her.

    It’s a happy post, in the sense that victory over an evil person is a happy thing. But this particular evil person caused a lot of misery to a lot of good people.

    Patterico (305171)

  110. This is a happy post, and should be a happy thread. Victory for the folks who worked hard for a years.

    Indeed. Sorry, I didn’t mean to stir up any unhappy thoughts with my question. Since I wasn’t around at the time, just about all I know is what I gleaned from the opinion.

    Which raises another question – have you thought about writing a book about this?

    Or even better (since this is LA) the screenplay for a block-buster Hollywood action/court-drama film?

    Obviously Jennifer Lawrence will play Mrs. Patterico, but who will land the coveted starring role?

    😀

    Dave (445e97)

  111. The issue is simple. If someone allows themselves to be terrorized into deleting the truth, they are the point where terrorism works.
    Dustin (ba94b2) — 7/24/2017 @ 10:58 pm

    This is a most excellent observation, Dustin. Indeed, it is simple. Let those with ears, hear; let those with minds, understand.

    felipe (023cc9)

  112. It’s a happy post, in the sense that victory over an evil person is a happy thing. But this particular evil person caused a lot of misery to a lot of good people.
    Patterico (305171) — 7/24/2017 @ 11:54 pm

    Please understand, I do not presume to count myself in your august company when I quote “William”

    We few, we happy hew, we band of brothers.

    felipe (023cc9)

  113. few, not hew. WTH?

    felipe (023cc9)

  114. I think Mandy’s case hits me the hardest. It was hard on her health and I can’t help but wonder if this mess contributed to the tragic health problems she has had. I miss talking to her.

    I remember talking to her about this. I remember asking one bad guy in particular to knock it off specifically because of the health concerns she and I spoke about. She had more reason to give in than anybody and she did not. Of course you’re not supposed to let them see you bleed, and they did not knock it off. Life isn’t fair. She would be very pleased and unsurprised that Patterico won.

    Dustin (ba94b2)

  115. Four…
    Years…

    Frank (5f2764)

  116. Understood Patterico.

    I did a site search on Ace’s and found several posts still there attacking Kimberlin for his evil acts. It’s why I posted what I did.

    But I’ll let it go.

    Victory today is enough.

    NJRob (7f4bec)

  117. Some needed good news in days when they are in short supply.

    Thank you for having the fortitude to outlast a truly evil individual who feeds on human decency.

    L.N. Smithee (2c86ec)

  118. Congratulations Patterico. A well deserved victory to you and your legal team.

    Ipso Fatso (7e1c8e)

  119. “There’s tough talk and then there’s tough.”

    Dustin,

    Perhaps actually possessing principles rather than having a nodding acquaintance with them would be more accurate. I’m pleased Pat prevailed in the instance but I suspect any outcome would have minimal impact on his behavior.

    Rick Ballard (264a24)

  120. This will teach me to take Monday off. My delighted congratulations on your victory in behalf of
    the good guys every where. Loser pays would likely curb similar attacks on free speech, bur one can
    only dream.

    Bar Sinister (f5ce19)

  121. NJ Rob,

    I think the Ace posts (about Kimberlin that are still at her website) were all posted before Fall 2013 when the Kimberlin lawsuit against several bloggers, including Ace, was filed. I don’t see any Kimberlin posts by Ace after that date, but they were there.

    DRJ (15874d)

  122. There were other posts that were the subject of the lawsuit and they are gone, too.

    DRJ (15874d)

  123. 105

    All four links were dead when I clicked on them.

    harkin (140d0a)

  124. That’s the point, harkin. The posts are gone.

    DRJ (15874d)

  125. “Ron Coleman has written about the experience here. It’s a terrific read, and one that makes me wish that I had possessed the necessary skills to help our friend Patrick fight this difficulty. Thankfully, good and courageous individuals of great skill and talent rose to the occasion on his behalf, as well as further securing the First Amendment for all of us.”

    I just read that. The “vulture” aspect around the Slants case, which is compared a bit with P.’s -was both revelatory and hilarious.

    Bonus: used as illustration was an evergreen cartoon with quotes from requests for admissions in BK’s case, which, post good news, seems all the funnier.

    SarahW (3164f0)

  126. 126 – got it, lol – shoulda had coffee first.

    Thx

    harkin (140d0a)

  127. Congratulations, Patrick. I remember much of this from the time of the SWATing.

    All the best.

    Mike K (b3dd19)

  128. I know how that feels, harkin. I needed a double dose of caffeine yesterday.

    DRJ (15874d)

  129. I remember Ace saying why he was no longer going to discuss it, but I don’t remember when that was.

    I do know that most don’t have the means to continue dealing with lawfare and that Kimberlin was trying to publish Ace’s personal information in the documents he submitted to court therefore opening him up to greater danger.

    I’m glad Patterico got this win against that evil creature. How do we get him declared a vexatious litigant?

    NJRob (7f4bec)

  130. I said this last week (incorrectly) about someone else but isn’t Ace a she? It doesn’t matter whether someone is male or female, but the pronouns always pop out at me when they don’t fit.

    DRJ (15874d)

  131. Mr. Ace is a very good man

    he’s done many astute postings and I look to him frequently for his wisdom and thoughtfulness

    happyfeet (28a91b)

  132. Do you know that from personal kniwlecge, hf? If so, then thank you. I was going by what Aces attorney said.

    DRJ (15874d)

  133. well no

    i just know he’s a guy cause of he’s a guy

    occam’s razor and all why would he make pretensies

    happyfeet (28a91b)

  134. This video from FoxNews purports to show “the blogger from the AceOfSpades website” and it is a male.

    The guest on this podcast is purported to Ace, and the voice is male.

    Somewhere, long ago, I read rumors or theories that the original proprietor/author of the blog was a woman, though.

    Dave (445e97)

  135. hello… let’s do razor

    if the lawyer for Mr. Ace is tasked with keeping him anonymous then why does he or should he have to be particularly fastidious about pronouns

    (if the lawyer truly IS a guy)

    happyfeet (28a91b)

  136. What difference at this point does it make?

    Anyway, DRJ, you can be excused about happyfeet. He has periodically claimed to be a “strong black woman”. I haven’t kept track of the occasions, but if it was only when the Moon was full, he might have even been telling the truth.

    nk (dbc370)

  137. How do we get him declared a vexatious litigant?

    We really can’t if people keep settling their lawsuits with him. Why would you settle a lawsuit without a scintilla of merit to it? Cough cough Ace settled.

    Dustin (ba94b2)

  138. strong and fiercely independent

    happyfeet (28a91b)

  139. The only place I’ve seen such speculation is voldemort’s nest, you don’t frequent that place do you dave?

    narciso (d1f714)

  140. The idea Ace is a female comes from the way the site was originally registered and of course the court filings where an attorney used female pronouns. I got a couple of A’s as an undergrad with that trick.

    Ace paid a high moral price for his anonymity so he might as well keep it. It doesn’t matter what his gender might be.

    Dustin (ba94b2)

  141. The only place I’ve seen such speculation is voldemort’s nest, you don’t frequent that place do you dave?

    Never heard of it, but that doesn’t mean I’ve never blindly clicked a link to it in Google. As I said, it was a long time ago.

    The idea Ace is a female comes from the way the site was originally registered

    Yes, I believe something like that was the basis of the rumors I saw.

    Dave (445e97)

  142. Ace did not pay a moral price he is a good man and a good person and he is manly, and personable.

    You can’t walk in somebody’s moccasins if you ain’t no Indian cause that’s cultural appropriation plus you could get a fungus.

    happyfeet (28a91b)

  143. What difference at this point does it make?

    None, of course, but I thought it was true in both cases or I wouldn’t have said it. On the other hand, it is interesting that two of the most strident online voices would, for whatever reasons, both pose as women.

    DRJ (15874d)

  144. it’s important to nail these things down for so we can proceed with confidence that we have our factual ducks in a factual row

    happyfeet (28a91b)

  145. Congratulations.

    And unrelated, but I had never heard of Jennifer Lawrence. Which is odd, because I pick up on most pop-cult stuff.

    Rich Rostrom (d2c6fd)

  146. Ace is a guy. I’m not mad he settled. They found his pressure point and exploited it. For him, it may have been the right thing to do.

    Patterico (115b1f)

  147. Also, there are risk factors to consider. Perhaps Ace knew the price for pushing back would be too high, and exactly what entailed was known only to him. He shouldn’t be judged. People just do what they’re able to at any given time. Very few know what’s really going on behind the scenes. It doesn’t make them less or ineffectual.

    The gender thing is interesting. There are regular commenters that I wonder about because of words and phrasing used.

    Dana (023079)

  148. But, having won a frivolous lawsuit, why are you not entitled to recover fees for your legal team?

    happy wheels (ed329b)

  149. ACE SUCKS. Poooooootter Boy swallows. A pair of pathetic clowns. Nothing personal POOOOTER…..
    Your NEVER TRUMP CAREER is purrrrrrrrrrrrfect for you.

    GUS (30b6bd)

  150. IF YOU HAVE EVEN THE SLIGHTEST FAITH IN OUR LEGAL SYSTEM, WAS THERE EVER ANY DOUBT??A FOOL HAS FINALLY BEEN CALLED A FOOL, THE WAY IS NOW OPEN FOR A COUNTERSUITSUIT, BANKRUPT HIS SORRY ASS. EVEN IF JUST IN LEGAL FEES, GOOD LUCK TO HIM GETTING ANY PRO BONO HELP-

    NEOCON_1 (b69997)

  151. 81. Beldar (fa637a) — 7/24/2017 @ 6:18 pm

    This looked to me like a careful decision written by the trial judge in a full expectation (given Kimberlin’s history) that it might indeed be appealed. But no trial judge likes being reversed, and the time and effort that the trial judge put into this opinion adds to its legal credibility. No trial court decision is absolutely bulletproof on appeal, but this one is definitely up-armored with lots of Kevlar.

    At the end of the opinion, in a footnote, the judge says that he’s not even going into three possible legal defenses by Frey: privilege, absolute immunity and qualified immunity.

    I also didn’t like this idea that getting authorities into the beginnings of an investigation – which never went anywhere – was a form of state action. The judge could have avoided declaring that, and said instead “even if it is to be considered…”

    But it seems like he wanted to rest his whole decision on the grounds that this wasn’t retaliation for lawful (albeit very obnoxious) activity. Maybe also the judge was bothered by the implication of the lawsuit that people might be sued and held liable for fingering suspects in a crime against them. He said they could not be sued if the suspicion was genuine.

    Sammy Finkelman (02a146)

  152. 41. SarahW (3164f0) — 7/24/2017 @ 11:37 am

    but the one thing that truly pissed me off, was his reference to the criminal false homicide report which brought police to P.’s house as a “prank.” The prank was no joke, and in spirit closer to attempted murder. It hurt to see it referred to as something lighthearted and funny.

    That could be because when people first hear about things like that they could think of them as pranks.

    Incidentally, the word “prank” was also used by Brian Krebs a year ago (maybe because a lot of people were not familiar with this):

    https://krebsonsecurity.com/2016/07/serial-swatter-stalker-and-doxer-mir-islam-gets-just-1-year-in-jail/

    While Islam’s sentence fell well short of the government’s request for punishment, the case raises novel legal issues as to how federal investigators intend to prosecute ongoing cases involving swatting — an extremely dangerous prank in which police are tricked into responding with deadly force to a phony hostage crisis or bomb scare at a residence or business.

    Sammy Finkelman (02a146)

  153. Congratulations on yet-another legal victory over convicted felon Brett Kimberlin!

    Lawrence Person (1f3434)

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