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What’s going on in Maryland?

What’s going on in Maryland?

End of day status:  According to the most recent update to McCain’s post, Walker was released and was charged with “incitement.”  I’ll have to find out more specifically what the charge is, but if there has been any criminal charge, it’s pretty outrageous.

 

 

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Stacy McCain has a report that Aaron Walker was arrested after a court hearing for violating a “peace order” obtained by Brett Kimberlin by blogging about his experience with Kimberlin.  If that’s the case, it raises some very interesting legal questions.

Since reports are sketchy at this point, I will not opine on it.

I will caution readers with some life advice.  When you are up against someone with a long history of using the legal system as a tool to go after others, you have to be very careful and very strategic.  Get a good lawyer.  Don’t go up against a former “jailhouse lawyer” yourself.

Read McCain’s column at The American Spectator; Kimberlin was a very good “jailhouse lawyer” and knows the ways of lawfare.

I’ll update as more becomes known, and readers are encouraged to update in the comments.

Ali Akbar has twitter updates.

Updates:  Gateway Pundit has a copy of the Peace Order entered today.  It is unclear to me as of this writing why Walker was taken into custody, or what he allegedly violated. (There was an issue as to whether this was the real Peace Order or a fake, because the Judge signing it retired in 2005, but Michelle Malkin has verified that this judge did sit on the case; it’s not uncommon for retired judges to serve partial duty.)

Follow more at Twitchy.

SooperMexican has a report from someone in the courtroom.

Another first-hand courtroom account, When Your Honor, This Man Is a Convicted Domestic Terrorist Is Not Enough.

If you wish to donate to the National Bloggers Club which will be helping defend Aaaron and others, you can DONATE HERE.

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Comments

http://imgur.com/55TPK

This purports to be the order from today.

Odd.

I’m more than surprised that a law professor at a prestigious law school accepts such court abuse as just “ways of lawfare.” It seems to many of us laypersons that good lawyer-ing MUST include hard looks and challenges of the whole corrupt system, not some off the cuff remark that implies federal prisoners are smarter than lawyers and judges.

    theduchessofkitty in reply to franklaughter. | May 29, 2012 at 1:59 pm

    You understand why they call it the “criminal justice” system… right?

    Ragspierre in reply to franklaughter. | May 29, 2012 at 2:07 pm

    You’ve never met a psychopath in court, have you Frank?

    Get up off the Prof., dude. He was telling you stuff you need to understand.

    Mares in reply to franklaughter. | May 29, 2012 at 2:47 pm

    If fake user names used, to sign comments like the one I’m replying to by, “frank laughter” are anything to go by, it reveals that Brett Kimberlin or the toady who thought that one up, aren’t the mental heavyweights they think they are.

      Read this

      http://www.commonsensejunction.com/?p=19019

      and then tell me the Professor is not giving homage to a totally broken system. — And BTW, “Mares,” without any knowledge whatsoever, you disparage my real name and in the same breath challenges my intellect….My, my.

        Frank, by acknowledging and highlighting for the unwary a simple observation (“I will caution readers with some life advice…”), Prof. Jacobson is hardly “giving homage to a totally broken system”.

        You appear to want him to RAGE AGAINST THE MACHINE!, but that’s not his schtick. Something for which I, for one, am thankful.

    MadCon in reply to franklaughter. | May 29, 2012 at 3:18 pm

    Court abuse is unfortunately more common than people realize. There are some people who are just very good at maneuvering through the system and using it to their advantage because they’ve had a lot of experience with it. This is why if you’re up against a person who has a long history of using the legal system against others, you should get a top-notch lawyer to represent you immediately.

    Until you’ve been sued by a sociopathic pro-se litigant, you have no idea what a real nightmare is. My husband was tied up in court for almost a year by a pro-se lien-happy contractor a few years ago. The lien and subsequent legal filings tied up my husband’s bank funding for his real estate project which then negatively affected his business. The contractor’s tactic was to apply the pressure so that we’d pay him a lot more money than agreed for the contractor to remove the perfected lien. This guy had obviously done this before because he knew every step of the process and what to do, and how to play it to his advantage.

    Fortunately we hired an excellent attorney who was able to get the contractor to settle and remove the lien and other legal filings. Unfortunately it costed us about $15K in legal fees but, in retrospect, it was worth it because the case would’ve taken 3-5 years and probably $25k more in attorney fees.

theduchessofkitty | May 29, 2012 at 1:58 pm

You know what this whole thing reminds me of, Professor? Have you ever heard of Ken McElroy?

We are now dealing with one – the town bully and enabling attorney packaged in one.

And Aaron Worthing is going to pay for that SOB’s sins.

Here’s an eyewitness account of the hearing: http://tinyurl.com/7js6z9v

My guess is that he was held in contempt.

    Ragspierre in reply to Pablo. | May 29, 2012 at 2:13 pm

    If the SooooperMexican account is at all accurate, you had a pretty perfect storm…

    crusty old, tech-ignorant retired judge

    Walker representing himself

    LOTS of emotional content

    The judge appears to have declared “A pox on both your houses”, while supporting the previous order.

    This is ripe for a writ of habeus corpus, if Walker is still in custody.

    It also is ripe for a re-hearing before a judge who understands Twitter and blogs.

      Estragon in reply to Ragspierre. | May 29, 2012 at 2:25 pm

      No matter how “tech savvy” a judge may be, you interrupt him enough times, you WILL lose.

        Ragspierre in reply to Estragon. | May 29, 2012 at 2:35 pm

        Really, it depends a lot on the judge and the nature of the hearing.

        This one sounds like an old school, semi-senile, fully black-robe-diseased, curmudgeon, hearing a very contentious matter he came into cold.

        But you READ the flucking judge as the hearing progresses, and you back off if/when you see him/her getting ticked. They ALMOST always will give you a chance to speak, so you take good notes. If they seem DISINCLINED to give you a chance to speak, you ASK to speak…ON THE FLUCKING RECORD.

        The record is your friend…and a powerful friend it is…

        I concur. If you interrupt the judges too much, then you’re going to tick them off. Even if they’re completely tech innept or horribly misstating the law, LET THEM RAMBLE. At the end of their talking, make an objection, state the law, and if they rule against you, you’ve preserved your right to appeal their ignorance to the next level up.

bobbelvedere | May 29, 2012 at 2:11 pm

Prof: This account of someone who was there, published by the Soopermexican may further clarify things:
http://www.soopermexican.com/2012/05/29/judge-in-kimberlin-hearing-woefully-ignorant-of-internet-twitter/

If Mr. Walker did, indeed, go into court and represented himself, considering this is such an emotional matter for him and his wife, then he made a big mistake.

    quiznilo in reply to bobbelvedere. | May 29, 2012 at 2:15 pm

    I’d say if the guy is ignorant of what twitter is, he isn’t fit to be a judge.

    theduchessofkitty in reply to bobbelvedere. | May 29, 2012 at 2:18 pm

    There has to be someone to represent him – this whole thing has taken a terrible toll on him and his family.

    We have to be very careful here. Inflicting so much psychological and emotional damage on someone can drive the victim to go off the deep end… The worst part about it, in this case, is that we have seen it before.

      Ragspierre in reply to theduchessofkitty. | May 29, 2012 at 2:24 pm

      I read over the weekend that one of Walker’s defenders pro bono was a Lefty lawyer. Dunno what happened to him…

        I doubt that report is true. Assuming it were the lefty would have probably run when he found out he was defending a Conservatitive blogger against a lefty terrorist, for simple fear that the lefty terrorist would come after him next.

        Lina Inverse in reply to Ragspierre. | May 29, 2012 at 7:15 pm

        As I recall, that lawyer had to stop representing Walker for reasons you can well imagine.

        Everyone complaining about Walker not getting representation should be factoring in that he probably doesn’t have the money for someone willing to in turn become a target.

        Milhouse in reply to Ragspierre. | May 29, 2012 at 9:26 pm

        She was only representing him on his attempts to keep his name out of the public record. Since he wasn’t admitted to practise in Maryland, he needed a local lawyer to file the papers that he prepared, so he got pro bono help from this lefty who had worked with the ACLU. Once he gave up on that effort he didn’t need her services any more so they parted ways.

    Estragon in reply to bobbelvedere. | May 29, 2012 at 2:22 pm

    Quite so. The account seems to depict Aaron talking over the judge repeatedly and letting his emotions take over. Understandable enough – which is just another reason why he should have had counsel.

Was this like a small claims thing where Walker had to represent himself? If not, then we need to make sure that there are Md. attorneys who would be willing to represent the next blogger who Kimberlin decides to attack in court. Sounds like Walker was too wound up to make a proper showing if the person who blogged about the hearing is to be believed.

The professor offers sage advice.

Watch the movie “Cape Fear” starring Robert De Niro as Max Cady, a psychopath ex-convict.

[…] The Jawa Report, Jim Hoft at Gateway Pundit, Wake up America, Bob Owens, Capitalist Preservation, Le·gal In·sur·rec· tion, FilmLadd Blogs, That Mr. G Guy’s Blog and Truth Before Dishonor — thanks!Michelle […]

is there a fund to help with expenses?

    Ragspierre in reply to Andy. | May 29, 2012 at 2:42 pm

    The MOST practical post on the thread!

    At the end of this day, Walker’s $$$ will carry his defense.

This is immediately appealable as an order of the court and as a clear abuse of discretion on the part of the Judge to the Circuit Court. File it as an emergency appeal that a gross miscarriage of justice will occur if this order is allowed to stand based on misrepresentation by the plaintiff as well as the doctrine of “unclean hands” on the part of the plaintiff.

Additionally Walker (or his attorney) should immediately move for a Rule 3-308 “Demand for Proof” on the averment of the execution of a written instrument (aka produce the death threats) and then follow it up with a Rule 1-311 Sanction motion for the violation that to the best of the attorney’s knowledge, information, and belief there is good ground to support it; and that it is not interposed for improper purpose or delay if Kimberlin cannot DIRECTLY tie them to Walker. Simply stating FACTS is not sufficient to serve as harassment (it may be defamatory if only some of the facts are given though).

A Rule 1-304 motion Sanctions against Kimberlin AND his attorney of record (if any) for signing a motion not supported by the law or the facts at issue might also be appropriate (a perjury motion for making an untrue claim).

If Kimberlin wants to make an “incitement” claim, he will have to prove how those threats were incited by Walker’s posts, which will necessitate READING them, and EVERY COMMENT that Walker made on his blog and every other blog, and then determining if any posts attributed to Walker that are threatening were created by spoofed accounts (which is a favorite tactic of the terrorist Left to attempt to discredit).

Note: Walker SHOULD NOT be defending himself. He should have an attorney of record. You NEVER, EVER defend yourself in one of these proceedings, because if the Judge decides that he doesn’t like you, bad stuff happens. You want the Judge to not like THE ATTORNEY, but be ambivalent toward the party.

Also, written document analysis: “Countless number of blogs either threatening death” is a horrible fragment. Where’s the rest of the sentence? Is it possible that the Maryland’s district court is so poorly run that this passes for an order?

    Mary Sue in reply to Chuck Skinner. | May 29, 2012 at 2:35 pm

    Thank you, I was just wondering about proof of those threats in the comment I posted as you were posting this.

    pdxnag in reply to Chuck Skinner. | May 29, 2012 at 2:43 pm

    Fantastic comment.

    My comment was going to be “Were there any exhibits accompanying the factual finding of death threats received by the terrorist?”

    You answered most of my questions.

    When two private folks engage in online banter there is no state action to trigger the application of the First Amendment. Does the incarceration by the judge now trigger the First Amendment? (Stated differently: Is it now intriguing enough for a lengthy Volokh Conspiracy post? I do like to read them.)

      This is going to be one of those “legal answers.” The answer is “it depends.”

      The question would be if the threat was a threat of imminent harm that the person making the threat had the ability to make good on. If either one or both of those isn’t present (the imminent-ness of the harm or the ability to do harm), then the court should NOT grant protection, because there is a First Amendment violation.

      The courts are generally pretty squishy about giving deference to the person claiming to be threatened about ability of the person making the threat because they don’t want bad press (denying a protective order and then having that person actually injured or killed looks REALLY bad for a judge). Judging a “threatener’s: ability is tough, so they err on the side of caution.

      Imminent-ness is an easier (by comparison) test. Is the threaten-er claiming that he will do the act “immediately” (aka now) or inciting individuals in such a way that they will do the act now. If no, then it’s a threat of a future act, and is protected speech.

      So, is there a “State Action” at this point: Yes.

      Is it a Constitutional Violation: I don’t know, that depends on what Kimberlin’s attorney presented and what the Judge believed.

      Stated differently: Is it now intriguing enough for a lengthy Volokh Conspiracy post? I do like to read them.

      Ask and it shall be… CLICK.

      More questions than answers at this point, as others have pointed out, but I’m pleased that some serious legally-trained bloggers out there are weighing in and asking questions.

Political Math has a quote from the judge on twitter which seems to make the judge appear unfamiliar at best with the internet:

Judge in @aaronworthing / #BrettKimberlin case: “He Googled you 500,000 times”.

Political Math goes on to interpret that to mean ” Judge thinks that @AaronWorthing is responsible . for all internet content related to #BrettKimberlin (would explain the “500K Google” comment & “death threats” ruling) (2/?)”

Wouldn’t Kimberlin have to show he actually received “death threats” Did he report any specific threat? Remember after the health care vote Dem congressman were reporting death threats but nothing worth reporting to the police evidently. I also thought Aaron Wright was being extremely cautious in what he reported on his blog so he would not violate the “peace order” in place prior to this hearing. I am no lawyer but it would seem a good idea to look at that order again.

No wonder Theresa and Babs give this guy money; the more we talk about Brett, the less time we spend discussing Barak’s failed administration.

InstaPundit opines:

If I read this correctly, Aaron Walker is in trouble because Kimberlin claims that his blogging has somehow led to other people making death threats. That doesn’t seem to pass the First Amendment smell test. Only if Walker were inciting those threats in a way that passed Brandenburg scrutiny would that work, and I don’t believe that’s the case at all. At any rate, under this approach George Zimmerman ought to be able to jail any number of journalists.

theduchessofkitty | May 29, 2012 at 2:44 pm

Guys, something must be done, or very soon half of all conservative bloggers will have mug shots and little “rap sheets” kept by police departments across the country.

And that’s precisely what Leftists (read, “totalitarians”) want.

    And this is why whenever they make a claim such as this, one of the FIRST motions should be the equivalent of a Federal Rules of Civil Procedure Rule 11 Motion to force the other side to prove that they are not making the claim for improper purpose aka lawfare. check your local state civil procedure rules, in Maryland it’s rule 1-311).

    Simply raising the claim should be sufficient to force the Plaintiff (liberal terrorist) to counter it as well as allow the Defendant to make a demand for sanctions and attorney’s fees for having to defend.

“Countless number of blogs either threatening death”

J. Christian Adams called this a “farce” way earlier today, and he was more correct than I think even he knew.

It seems apparent that the judge here did not know what a “blog” was. He appears to be confused as to Tweets and blog posts, or commentary.

The only other possibility is that Walker has been stupid enough to actually send threats to this punk…which strains credulity.

Still, not having seen any evidence…

But “countless”….!?!?

    pdxnag in reply to Ragspierre. | May 29, 2012 at 3:41 pm

    What is a blog?

    It is like a dissent in an appellate court opinion. Pointless banter, less than dicta. Is it a threat of imminent physical harm? That depends on the subjective state of mind of the winning judge.

    “If you file a dissent I will order you to be incarcerated, for my protection.”

    creeper in reply to Ragspierre. | May 29, 2012 at 5:59 pm

    Rags, someone assigned this internet-ignorant judge to this case. I find it incredibly convenient for Kimberlin that he drew a judge who knows squat about the web. Even more remarkable, Vaughey is already retired. How handy to have a judge who can rule as ordered and not have to worry about any repercussions to his career.

    This stinks to high heaven.

      Ragspierre in reply to creeper. | May 29, 2012 at 6:31 pm

      I have to allow to having a mind that just does not work that way.

      In my experience, courts are VERY human institutions. Sometimes, the judges are the LEAST important people for me to get to know (kinda like a First Sergent is more important than a lot of officers).

      They TEND to be very busy. They sometimes TEND to be remarkably disorganized (though that really is fairly rare). Most fit in the bell curve between whatever-you’d-care-about and its opposite.

      Visiting judges “happen”. They happen because the sitting judge had a plain old flat tire (no snipers), or their dog got sick (no poisoners), or the judge had a judicial conference to attend (scheduled, really…they have CLE, too).

      I win cases against some of the biggest firms in the U.S., and I am NOBODY. N-o-b-o-d-y. And I know the judges know a lot of my opposing counsel, and consider them friends. I allow as how there is corruption, but just never saw any personally.

      This is called “life” in my plebeian world. Ocam’s Razor fits best in my hand, and seems to describe the world best.

      gasper in reply to creeper. | May 29, 2012 at 7:34 pm

      This judge was also a Committeeman for the Democratic Party in Howard County, MD in the 70’s. Does anyone seriously think he doesn’t understand what’s at stake here?

I see this as a loss for Kimberlin big time. His strength has been his relative anonymity within the larger media. This will, I believe with the continued help of the new media, now become a story in the larger media complex.

The news will have to give background on Kimberlin which will further put into jeopardy any chance he may have had of pretending to be a victim. We must continue to show how the underground left is organized and funded to intimidate and stifle all opposition. This is going to put Kimberlin’s benefactors into an uncomfortable light that will burn him in the end. My prayers are with the brave Mr. Walker.

Better read Ace of Spades on this. It appears that Worthing represented himself in court and was increasingly irritated.

What is it they say about a man who represents himself in a court of law?

Oh yes. “He sets back progress for the First Amendment and Conservatism by decades in his foolishness”.

Sweet. Thanks Mr Worthing. For nothing.

    Ragspierre in reply to [email protected]. | May 29, 2012 at 4:55 pm

    Geez, Paul, unless you were a big donor, Walker owes you NUTIN’.

    Cripes, people!

      Rags,
      I don’t disagree with you but we’re not going to win if we don’t play smart and play to win.

      Being a dick in court when all this is on the line is not playing smart.

        Ragspierre in reply to [email protected]. | May 29, 2012 at 5:44 pm

        Walker has not been “playing” here. He’s lived this. His family has been threatened.

        Long before I went to law school, I had to defend myself in court. WAY, FAR the HELL AND GONE from optimal.

        But I had a choice of paying for a defense that would break me, or defending myself. Say hello, Mr. Hobson.

        Could be Walker was doing what the best angels of his nature instructed.

        Did he lose today? Did he set back Conservatism and free speech?

        No. I don’t think so, and here’s why…

        The judge here was a putz. Not that that is unheard of, but he was a GLARING putz, and his rulings WILLLLLLLL be reviewed.

        Frankly, I like Walker’s position (other than maybe being in a cell) better than I like the lying-ass punk (I demure from stating his name) AND his lawyer’s positions.

        I think I could walk into a re-hearing and do some real damage, and leave with Walker looking pretty shiny.

          I think I could walk into a re-hearing and do some real damage, and leave with Walker looking pretty shiny.

          Then you should be on a plane to BWI. I say go for it.

          Like I said, I agree with you.

          Ragspierre in reply to Ragspierre. | May 29, 2012 at 5:55 pm

          Then I’d be UNDER the jail, Paul. I can’t practice in Maryland.

          But I’ll be very interested to see if Levin or one of those guys can.

          Somebody will pick this up and carry it home. Maybe G. Gorden Liddy (is he still around?) would like to investigate…

          Heh.

        With what money should he have hired a lawyer? Thanks to Kimberlin neither he nor his wife has any income. That’s why Rags said you have no right to criticise his decision to represent himself unless you are a major donor to his legal defense fund.

    Sadly, I have to agree. As I read the account of the hearing, albeit by a layperson, it sounded like Worthing did himself no favors today. When your liberty is on the line, you just do not appear pro se, ESPECIALLY in an unfamiliar jurisdiction where you do not know the judiciary.

    Can’t you just hear the Prof. in one of his clinical classes hammering a student for interrupting a judge?

      Milhouse in reply to bartleby. | May 29, 2012 at 10:16 pm

      His liberty wasn’t on the line. This was a hearing about the issuing of a peace order; he wasn’t on trial for anything. And his arrest seems to have had nothing to do with this hearing at all, except for the fact that the hearing forced him to put himself at a place and time for the sheriff to arrest him. Kimberlin once again perjured himself, but really if he’s never going to be prosecuted for it then why on earth shouldn’t he? This is all the fault of the official who refused to file charges against him for his earlier perjuries against Seth Allen and AW.

    SmokeVanThorn in reply to [email protected]. | May 29, 2012 at 5:53 pm

    You are way out of line.

      What line is that? Do you see a line? And if so shouldn’t you tell someone you’re seeing lines again?

        SmokeVanThorn in reply to [email protected]. | May 30, 2012 at 8:54 am

        It’s the line that separates the rest of us from a wiseass who’s trying to aggrandize himself by making snide and unjustified comments about an individual who is doing his best to endure and respond to an orchestrated leftist attack. I’m not surprised you don’t recognize it.

Kimberlin has gamed the system again. He got a new warrant issued against Walker.

Case No 5D00279004

Warrant issued on May 27,2012 for Failure To Obey a Peace Order

Pretty clear what happened. Kimberlin knows how these things work. Filing a complaint for violation of a peace order cause a warrant to be issued with virtually no review, a rubber stamp process. Kimberlin apparently initiated that process to get a warrant issued at the last minute, so no one would know. No doubt he informed the sheriff that Walker would be in court today.

Walker’s detention will be reviewed shortly by a commissioner. He should be released thereafter, assuming the commissioner in not another retired dementia case sitting for a competent person.

    theduchessofkitty in reply to novaculus. | May 29, 2012 at 6:44 pm

    “Kimberlin has gamed the system again.”

    That’s why I mentioned Ken McElroy earlier in this thread.

    He gamed the system as well. Too many times: guilty as sin, free as a bird, then flip the bird to his victims and mock them openly countless times. He even took the (underage) daughter of one of his victims as wife to keep her parents in line. He was quite smart to keep an attorney in retainer to keep their racket running.

    But you gotta read the rest of this story: I recommend it.

    Left Coast Red in reply to novaculus. | May 29, 2012 at 6:50 pm

    So are you saying the warrant was separate from the court hearing, and just a result of Kimberlin filing a complaint for violation of a peace order — which generated a warrant? If that’s the case then did what transpired at the hearing actually have no bearing regarding the arrest? And if that’s the case, was he arrested as he left the court?

      novaculus in reply to Left Coast Red. | May 29, 2012 at 6:53 pm

      As far as I was able to determine, yes, yes, and yes.

        Left Coast Red in reply to novaculus. | May 29, 2012 at 11:15 pm

        He’s VERY good. What did the State pay for his law education while incarcerated for his terrible mayhem and death?

        Where is the culture that birthed us all,in all this? Where??

        Left Coast Red in reply to novaculus. | May 29, 2012 at 11:27 pm

        Y’know, sorry to be the one to say this — but this CALLS for stronger measures. We can’t just stand by and let this opposition-funded BULLSHIT stand.

        They, a distinct minority, have been organized for a long time. It’s time for us to ORGANIZE.

        Left Coast Red in reply to novaculus. | May 29, 2012 at 11:42 pm

        “The judge then said that Walker was the type who didn’t want to get into it “mano-y-mano” with Kimberlin but “you want to get together with all of your friends, who have nothing else to do with their time, in this judge’s opinion … and you are creating a conflagration, and you don’t care where it goes. And so you get some freak out in Oklahoma with nothing better to do with his time, so he does the nastiest things he can to this poor gentlemen (Kimberlin). What right does he have to do that?”
        “He has no right to do that, your honor,” Walker replied.
        “But you incited him,” Vaughey said.
        The judge then went into brief discussion on how these things were settled where he grew up in Brooklyn.’

        WTF????????????!!!!!!!!!!!

Walker going in pro se has to go down as one of the more foolish moves in any legal career. Never mind anything else, failure to account for the possible presence of a guild mentality on the part of the court is just not prudent.

PayPal link for donations doesn’t work.

I’ve also tried to donate with a credit card at their regular site, but it wouldn’t change from requiring a check and routing number to requiring a credit card. And I’m not giving anyone my checking account number.

This is most frustrating.

    I agree that the link in the OP appears to be munted, but by going direct to http://kimberlinfiles.org/ I was able to give via credit card (I did have to tick the radio button in front of the visa/mastercard/etc option as it does default to cheque, but it worked when I tried it just now)

    Lina Inverse in reply to barbara. | May 29, 2012 at 7:59 pm

    Like s_dog I was able to eventually get it to switch to credit card mode … but then the middleman that’s collecting the money demands your date of birth. Nowadays that’s somewhat sensitive information (for example used to get uniqueness in the health field.) and more to the point there’s absolutely no good reason to ask for it that I know of.

    If this “National Bloggers Club” can portray themselves a little less suspiciously I’ll donate, but until then….

[…] Blog, Instapundit, Daily Pundit, GraniteGrok, Absolute Moral Authorityand The Daley Gator.Le·gal In·sur·rec· tion has the judge’s order. It looks like Walker was arrested for death threats, and not assault […]

[…] and he has some legal advice for all of us as well as an update of the going ons in this matter. Professor Jacobson Like this:LikeBe the first to like this post. Categories: Politics | Tags: America, ethics, […]

[…] A few blawggers have opined that Walker was “too close” to this case, and ought to have had counsel representing him, rather than attempting to do it himself—particularly given the level of expertise in […]

Side note: I have to point out that this is also how Family courts work, this “lawfare” crap is exactly how dads lose custody of their kids.

Myself and other fahters rights activists have been pounding away at the state legislatures for years to stem the abuse.

An accusation of domestic violence (never proven, no 911 call, no witness, just an accusation) can mean you will NEVER see your kids again. It starts out with a rubber stamped no-contact order, which is often violated by the woman with the express intent of having the dad arrested- and BAM- a felony. The custody battle is now off to the races. The blogger at http://tcfcreporter.blogspot.com/ hasn’t seen his kids in years- because a temporary order (no evidence, no rules of evidence, no proof, just an accusation) is renewed. 400k later, that dad still can’t see his kids.

Another angle that hasn’t been played by Kimberlain is venue shopping or going from state to state and running these up in multiple jurisdictions, a tactic that works well for moms who kidnap their kids- they go from state to state getting no-contact orders all while in violation of an existing court ordered parenting plan.

    Erasmus in reply to Andy. | May 30, 2012 at 12:02 am

    It’s also how family court works against good mothers, Andy. A friend of mine lost custody of her 14 year-old daughter because the father (who’s never paid child support, by some trick of law and his low documented income) attracted the child to his shiny, undisciplined lifestyle, and decided after nearly a decade of joint custody to sue for full custody after getting re-married. The child’s court-appointed “advocate” was committed to getting an immature, self-centered child what she wanted; and the hearing judge based her ruling chiefly on the advocate’s position, despite considerable evidence in praise of the mom and critical of the father. Systems have many moving parts, and it takes only one or an interacting few (in this case chiefly, I think, the “advocate” and judge; and in Walker’s case the judge and Walker’s injudicious pro-se) to derail a case from fairness and into miscarriage.

Well, fight litigation fire with litigation fire. Sue Kimberlin. Sue him again and again and again. Get restraining orders against him. And by the way, garnish his wages to pay that judgment he owes.

    Milhouse in reply to hugh59. | May 29, 2012 at 10:19 pm

    What wages? He already owes Mrs DeLong $1.61M. AW is suing him for $66M, but there’s no way he could collect if he won.

[…] Jacobson has some advice about doing legal battle with the likes of Brett Kimberlin. Not something you want to enter into […]

This has just gone so far beyond Kafka that it leaves me numb.

From my very few legal encounters I have seen corruption in the process. In this case either you have an amazing confluence of ignorance, arrogance and plain bad luck (for Walker) or you have corruption.

Volokh is reporting that Walker/Worthing/Worthington ripped Kimberlin’s Ipad from Kimberlin’s hands.

That’s physical violence.

This Walker guy is not turning out to be helpful to the Conservative cause, folks.

    No, it is not physical violence. He didn’t touch him. He took the iPad in self defense, and gave it up to the first person he could.

    Paul, if you read the whole thing, BK was violating court rules by having the iPad and taking Aaron’s picture. Stopping a violator != assault.

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