Kimberlin Lawfare Update: Major Pushback By Aaron Walker [Now with court documents]

Note: our prior coverage regarding Team Kimberlin's censorious activities is here.

In our last episode of the struggle against Team Kimberlin — and for free expression without legal harassment — blogger Aaron Walker was muzzled by a Maryland judge who told him to "forget" applicable United States Supreme Court precedent, and had been arrested based on Brett Kimberlin's latest bogus claim of breach of the "peace order" he obtained from a compliant Maryland court.

The tide has turned.

First, Maryland prosecutors declined to prosecute Aaron Walker based on Kimberlin's latest bogus assertion that he'd breached a peace order by blogging.

Second, Aaron Walker — assisted by Maryland counsel Reginald Bours and ridiculously overqualified First Amendment expert Eugene Volokh — has filed an emergency appeal of the latest unconstitutionally overbroad "peace order". I'll try to comment on it next week. I've been kind of busy with comics and Bigfoot and yarn, y'all.

Third, Aaron Walker has filed a federal lawsuit against Brett Kimberlin in United States District Court in Maryland. I've pulled the documents off PACER and hosted them. You can read the complaint here and the motion for a temporary restraining order here. No exhibits — too big, sorry. I will not be commenting on this lawsuit. On several occasions I attempted to assist Mr. Walker in securing local counsel. When I've written about the case I've used other sources and never revealed a confidential communication with him, except as specifically authorized in order to ask for help. However, I feel precluded from discussing his federal case, as opposed to the state court proceedings.

More next week.

Edited to add: changed the motion document to the points and authorities rather than the notice, and redacted addresses from both, even though it's a public document.

Edited June 25 to add: A Montgomery County Circuit Court has granted an emergency motion to permit Walker to resume blogging, at least until a hearing on July 5.

Last 5 posts by Ken White

Comments

  1. TheOtherMatt says

    Ken:

    Can you host the State court stuff, Docstoc isn't compatible with screenreaders, and it wants $19.95 for a download, Is that the hearing scheduled for July 5, that is in Maryland's docket. As DCA-DE NOVA?

  2. Dustin says

    I just want to note, having heard Bours argue at trial, that I believe Aaron is in exceptional hands. And anyone in Maryland who needs an excellent trial lawyer should at least give Bours a call.

    I have yet to hear anyone lay out the Walker situation as clearly and conversationally as Bours.

  3. TomB says

    More next week.

    NOOOOOOOOOOOO!!!!!

    Nobody gave you the weekend off, boy! Now dance!

  4. TheOtherMatt says

    In NY Judges who do this kind of thing are run off the bench pretty quickly. Of course we allow non-lawyers to be Judges (depending on jurisdiction) so our SCJC is more powerful in comparison to states where this is not the case

  5. Matthew Cline says

    From Walker's lawsuit against Kimberlin:

    9. Kimberlin is now a self-styled progressive activist whose two nonprofit organizations have been funded by well known liberals

    Isn't that information irrelevant to the lawsuit? Why bother including it?

  6. says

    OK, having finally knuckled under and read the complaint, I have to ask…

    Are all such things so well written, or are phrases like "All other Justice the Court deems mete and proper" the sort of thing you only get with a good lawyer?

  7. AlphaCentauri says

    The Memorandum of Points and Authorities is a thing of beauty. It has to feel good as a lawyer to put your name at the bottom of something so well researched with arguments so compelling.

  8. perlhaqr says

    However, I feel precluded from discussing his federal case, as opposed to the state court proceedings.

    Obviously you don't have to justify yourself to us, but I'm just curious as to why. Because you used to be a federal prosecutor?

  9. Rob says

    Michael Hawkins • Jun 22, 2012 @6:20 pm
    I don't suppose there's any sort of action that can be taken against the judge, is there?

    Patrick • Jun 22, 2012 @6:25 pm

    No.

    One of the great injustices of our system.

  10. egd says

    You can read the complaint here and the motion for a temporary restraining order here. No exhibits — too big, sorry.

    See http://www.recapthelaw.org

    A simple Firefox extension that transfers documents from PACER to archive.org so they're freely available.

  11. AlphaCentauri says

    Their timing could come back and bite them in the butt. Someone put in a fake call to the Coast Guard off NJ a couple days ago. Having people out on boats in the dark looking for people in the water is a lot more dangerous to law enforcement than the usual SWATting. And it's been connected to a similar case in Texas. So there's going to be a federal effort to look for other cases that might involve the same perps. That means all such cases are probably going to get special attention.

Trackbacks

  1. […] There's more at The Other McCain. Convicted felon Kimberlin apparently trumped out a raft of new accusations against Walker, which is par for the course with him, but he may be finally running into a lawfare wall, with several prominent right-of-center attorneys offering Walker pro bono legal assistance. Part of Kimberlin's schtick is to file lawsuits to drag opponents into expensive litigation to defend themselves. Take that cost away, though, and Kimberlin's weapon has less bite. Righthaven ran into a similar problem once EFF started taking on the burden of defending bloggers against its copyright trolling lawsuits, and is now in all kinds of trouble. EFF were heroes then; Eugene Volokh has emerged as a hero in the Kimberlin saga. […]