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

Effluvia

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

27 Comments

23 Comments

  1. TheOtherMatt  •  Jun 22, 2012 @5:06 pm

    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. SPQR  •  Jun 22, 2012 @5:39 pm

    Hmmmm, the complaint does take an interesting tack.

  3. EH  •  Jun 22, 2012 @5:42 pm

    JFC, even law.cornell.edu has idiotic popup ads now.

  4. Dustin  •  Jun 22, 2012 @6:13 pm

    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.

  5. 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?

  6. Patrick  •  Jun 22, 2012 @6:25 pm

    No.

  7. TomB  •  Jun 22, 2012 @7:03 pm

    More next week.

    NOOOOOOOOOOOO!!!!!

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

  8. TheOtherMatt  •  Jun 22, 2012 @7:11 pm

    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

  9. Chris R.  •  Jun 22, 2012 @9:38 pm

    It's about time.

  10. Matthew Cline  •  Jun 22, 2012 @10:21 pm

    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?

  11. Scott Jacobs  •  Jun 22, 2012 @11:02 pm

    Because Brett himself has very little money…

    His funders, however… :)

  12. Scott Jacobs  •  Jun 22, 2012 @11:15 pm

    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?

  13. AlphaCentauri  •  Jun 23, 2012 @11:24 am

    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.

  14. perlhaqr  •  Jun 23, 2012 @8:53 pm

    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?

  15. Rob  •  Jun 23, 2012 @9:58 pm

    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.

  16. Adam Steinbaugh  •  Jun 24, 2012 @12:26 am

    @Scott Jacobs — that part you probably get with copy/paste. Lawyers have to come up with the stuff in the middle.

  17. Joe  •  Jun 24, 2012 @3:32 pm

    Glad to see this new organiztion on the scenes. http://rightsolutions.org/projects/bloggersdefenseteam/

  18. Joan of Snark  •  Jun 24, 2012 @5:28 pm

    The federal complaint is the thing of beauty and a joy to read. Let us pray that time truly does wound all heels.

  19. Joan of Snark  •  Jun 24, 2012 @5:29 pm

    Correction: "A" thing of beauty. Yeesh.

  20. egd  •  Jun 25, 2012 @6:11 am

    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.

  21. Robert Hewes  •  Jun 25, 2012 @8:25 am

    I'm pleased that Mr. Walker has learned not to go pro-se.

  22. Erbo  •  Jun 25, 2012 @6:01 pm

    And now what happens?

    http://patterico.com/2012/06/25/aaron-walker-swatted/

    Fortunately, it wasn't quite as traumatic as Patterico's SWATting; Walker must have briefed the local authorities in advance.

    The Dark Forces have rallied for a counterattack…

  23. AlphaCentauri  •  Jun 27, 2012 @7:56 pm

    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.

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