May 29, 2012
— Ace The judge apparently took two positions: 1, Worthing simply isn't permitted to mention the Speedway Bomber, or the Speedway Bomber's pattern of harassment.
2, the fact that Kimberlin received some death threats from angry people is all chargeable to Worthing.
Plus, Worthing was representing himself, and I understand he let his irritation get the best of him.
Looking at it this way... The most important thing to judges, ahead of justice, is that your respect their authoritah.
The judge might have been strongly inclined to arrest Aaron Worthing because he felt his Peace Order had been violated.
Posted by: Ace at
09:02 AM
| Comments (408)
Post contains 111 words, total size 1 kb.
Posted by: Anna Puma at May 29, 2012 09:04 AM (nfwzc)
Posted by: Tami at May 29, 2012 09:04 AM (X6akg)
Posted by: Unfrozen Caveman Lawyer at May 29, 2012 09:04 AM (eHIJJ)
Posted by: Vic at May 29, 2012 09:05 AM (YdQQY)
Posted by: kathysaysso at May 29, 2012 09:05 AM (ZtwUX)
You realize what George MacSoros and the rest of the Scots-Irish are doing here, right?
Every single calorie you waste on this clown Brett Whatever-His-Name-Is is a calorie you don't have to devote to stopping MacSoros and his various puppets, like Barry Soetoro Dunham.
Only so many calories available to be burned in a day.
Zero. Sum. Game.
Posted by: Emmanuel Goldstein at May 29, 2012 09:05 AM (JW/aG)
Posted by: Anna Puma at May 29, 2012 09:05 AM (nfwzc)
Posted by: Jumbo Shrimp at May 29, 2012 09:05 AM (DGIjM)
Posted by: Dr Spank at May 29, 2012 09:05 AM (MNbIC)
Posted by: Nevergiveup at May 29, 2012 09:06 AM (05RcU)
Posted by: kathysaysso at May 29, 2012 09:07 AM (ZtwUX)
Posted by: BlackOrchid at May 29, 2012 09:07 AM (SB0V2)
Posted by: Serious Cat at May 29, 2012 09:07 AM (zrpqj)
Ugh. Even I know you're not supposed to represent yourself and I'm a moron.
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:07 AM (RD7QR)
Posted by: Harry Callahan at May 29, 2012 09:07 AM (ywv14)
Was it the same guy(s) who's(re) SWATing conservative bloggers?
Posted by: AnonymousDrivel at May 29, 2012 09:07 AM (eHIJJ)
Posted by: Nevergiveup at May 29, 2012 01:06 PM (05RcU)
He stayed at a Holiday Inn.
Posted by: kathysaysso at May 29, 2012 09:08 AM (ZtwUX)
Posted by: kathysaysso at May 29, 2012 01:07 PM (ZtwUX
Preznit Choom Gang
Posted by: Jane D'oh at May 29, 2012 09:08 AM (UOM48)
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:08 AM (8y9MW)
Posted by: Random at May 29, 2012 09:08 AM (ieFeF)
Lovely. The Facepalm Century proceeds apace.
Posted by: Brother Cavil, New Caprica City DMV at May 29, 2012 09:08 AM (GBXon)
11 -
Maybe to you, but I suppose if you'd lost your job or got dragged into court, or had viable threats made against you, including having police show up at your door with guns drawn, all due to the actions of one small band of merry pranksters, you might consider it worth your while to add up that sum.
Or if you cared about the people to whom it was happening.
Posted by: BurtTC at May 29, 2012 09:08 AM (TOk1P)
Posted by: Jumbo Shrimp at May 29, 2012 09:08 AM (DGIjM)
Posted by: Tami at May 29, 2012 09:08 AM (X6akg)
Wait, I thought he said he'd already learned better than that. I'm pretty sure that was in one of his posts.
Jeez, that was not smart.
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:09 AM (8y9MW)
You realize what George MacSoros and the rest of the Scots-Irish are doing here, right?
What the heck? Scots-Irish?
Posted by: Grey Fox, crouched in his mountain fastness at May 29, 2012 09:09 AM (6t8l2)
Posted by: Nevergiveup at May 29, 2012 01:06 PM (05RcU)
Isn't there a saying about a lawyer representing himself?
Posted by: Temper Tantrum at May 29, 2012 09:09 AM (AWmfW)
Posted by: soothsayer at May 29, 2012 09:09 AM (9Q7Nu)
I still think Breitbart might have been the victim of foul play.
Posted by: clp at May 29, 2012 09:09 AM (1ITJU)
Posted by: BlackOrchid at May 29, 2012 09:09 AM (SB0V2)
Posted by: Anna Puma at May 29, 2012 09:09 AM (nfwzc)
Posted by: Nevergiveup at May 29, 2012 09:10 AM (05RcU)
I think you mean "the fact that Kimberlin... is chargeable to Worthing."
And #1 is just completely craptastic.
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:10 AM (8y9MW)
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:10 AM (RD7QR)
Posted by: Chris R, red in NY-9 at May 29, 2012 09:10 AM (NFcOS)
Posted by: rockmom at May 29, 2012 09:10 AM (NYnoe)
Posted by: Have Blue at May 29, 2012 09:11 AM (0dPUM)
Posted by: BlackOrchid at May 29, 2012 09:11 AM (SB0V2)
Posted by: kathysaysso at May 29, 2012 09:11 AM (ZtwUX)
Posted by: Jane D'oh at May 29, 2012 01:09 PM (UOM4
To Hell with him; with the internet scooping him continually maybe it's time for him to close up shop. He's gotten as lazy as the MFM turds.
Posted by: Captain Hate at May 29, 2012 09:11 AM (7Ph7Z)
Posted by: Cobalt Shiva at May 29, 2012 09:11 AM (1iauC)
Placed person elegible for relief in fear of imminent serious bodily harm: COUNTLESS NUMBER OF BLOGS EITHER THREATENING DEATH
I imagine that part is usually supposed to make sense??
Posted by: Mama AJ at May 29, 2012 09:12 AM (XdlcF)
Posted by: Junshin at May 29, 2012 09:12 AM (VWlmO)
Posted by: Random at May 29, 2012 01:08 PM (ieFeF)
About a 90 percent chance of that in MD, yes. It's lefty hell.
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:12 AM (RD7QR)
Posted by: someone at May 29, 2012 09:12 AM (eRVuM)
Speech about a private person isn't protected. Otherwise defamation laws would violate the 1st amendment. This is one reason to have Kimberlin's record read into the Congressional Record: the then becomes a "public person" or whatever the term is.
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:12 AM (8y9MW)
Posted by: Nevergiveup at May 29, 2012 01:10 PM (05RcU)
And I appreciate it 'cuz I need the easy ones!
Posted by: kathysaysso at May 29, 2012 09:12 AM (ZtwUX)
Posted by: Choomin' Barry O at May 29, 2012 09:13 AM (Y5I9o)
Posted by: Tami at May 29, 2012 09:13 AM (X6akg)
Posted by: booger at May 29, 2012 09:13 AM (HI6wa)
Posted by: BlackOrchid at May 29, 2012 09:13 AM (SB0V2)
Posted by: HeatherRadish™ at May 29, 2012 01:13 PM (/kI1Q
She head-butted him in bed at 4:00 a.m. to be fed.
Posted by: Jane D'oh at May 29, 2012 09:14 AM (UOM48)
Posted by: Mama AJ at May 29, 2012 09:14 AM (XdlcF)
Posted by: Random at May 29, 2012 09:14 AM (ieFeF)
Posted by: Grey Fox, crouched in his mountain fastness at May 29, 2012 09:14 AM (6t8l2)
A few years ago Boston Herald columnist/radio talker Howie Carr lost a court case regarding the criticism of a judge.
Posted by: soothsayer at May 29, 2012 09:14 AM (9Q7Nu)
>> If AW was representing himself and got too passionate then the judge was probably within his rights to hit him with contempt, alas.
But that's not what happened, unless I missed something.
Posted by: Mama AJ at May 29, 2012 09:15 AM (XdlcF)
Posted by: kathysaysso at May 29, 2012 01:05 PM (ZtwUX) <<<<<
Interesting......
Posted by: Aqualung at May 29, 2012 09:15 AM (OlN4e)
Posted by: Tami at May 29, 2012 09:15 AM (X6akg)
"Any lawyer that represents himself has a fool for a client." ~ Stuff Jefferson Said, 3rd. Ed.
Posted by: Andy at May 29, 2012 09:15 AM (5Rurq)
Posted by: Grey Fox, crouched in his mountain fastness at May 29, 2012 09:15 AM (6t8l2)
Posted by: AuthorLMendez at May 29, 2012 09:16 AM (yAor6)
Posted by: Mama AJ at May 29, 2012 01:14 PM (XdlcF)
Yeah, I just realized I switched the two roles.
Posted by: Tami at May 29, 2012 09:16 AM (X6akg)
Posted by: Max Power at May 29, 2012 09:16 AM (+wxCD)
Posted by: J.J. Sefton at May 29, 2012 09:16 AM (MCDCp)
Now I am starting to understand how the guys in the radio shack felt listening in as our fighters and bombers tangled with the enemy high over Europe in WWII. Suspense can be a killer.
Posted by: Anna Puma at May 29, 2012 09:17 AM (nfwzc)
Posted by: Ghost of Lee Atwater at May 29, 2012 09:17 AM (JxMoP)
Posted by: JeremiadBullfrog at May 29, 2012 09:18 AM (Y5I9o)
Posted by: DiogenesLamp at May 29, 2012 09:18 AM (IEUSX)
Was he able to reproduce the supposed death threats? Was the judge made aware of exactly what posts were the supposed "violation?"
This whole thing sucks.....
Posted by: © Sponge at May 29, 2012 09:18 AM (UK9cE)
Posted by: Junshin at May 29, 2012 09:18 AM (VWlmO)
Posted by: Dr Spank at May 29, 2012 09:18 AM (MNbIC)
Posted by: Herr Morgenholz at May 29, 2012 09:19 AM (zlvkY)
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:19 AM (8y9MW)
Posted by: toby928© at May 29, 2012 09:19 AM (NG097)
Posted by: Ian S. at May 29, 2012 09:19 AM (tqwMN)
Posted by: Temper Tantrum at May 29, 2012 09:19 AM (AWmfW)
Posted by: Nevergiveup at May 29, 2012 01:06 PM (05RcU)
Isn't he a lawyer himself? Why wouldn't he represent himself?
Posted by: DiogenesLamp at May 29, 2012 09:19 AM (IEUSX)
"Scots-Irish" is an inside joke from Steve Sailer's blog. It really means Jews because there was an obnoxious Jewish poster there who claimed to be Scot-Irish. "Emmanuel Goldstein" is basically blaming the Jews in his post.
Posted by: pickles at May 29, 2012 09:19 AM (wUldG)
Posted by: Choomin' Barry O at May 29, 2012 09:20 AM (Y5I9o)
Posted by: meekrob at May 29, 2012 09:20 AM (x2CNJ)
Posted by: Herr Morgenholz at May 29, 2012 09:21 AM (zlvkY)
Posted by: Jay at May 29, 2012 09:21 AM (nojhZ)
To Hell with him; with the internet scooping him continually maybe it's time for him to close up shop. He's gotten as lazy as the MFM turds.
Posted by: Captain Hate at May 29, 2012 01:11 PM (7Ph7Z)
Posted by: All Liberals Everywhere at May 29, 2012 09:21 AM (cv5Iw)
Click my name to see the "Final Peace Order" including this unbelievable section:
"That the respondent shall stay away from:
The Petitioner's place(of) employment at:
ANYWHERE.
Posted by: Mama AJ at May 29, 2012 09:21 AM (XdlcF)
Posted by: BlackOrchid at May 29, 2012 09:21 AM (SB0V2)
Posted by: pickles at May 29, 2012 01:19 PM (wUldG)
But he's not anti-semitic, he's just anti-zionist, right?
Posted by: meekrob at May 29, 2012 09:22 AM (x2CNJ)
COUNTLESS NUMBER OF BLOGS EITHER THREATENING DEATH
Posted by: Buzzsaw at May 29, 2012 09:22 AM (tf9Ne)
The above could be totally wrong its all just an educated guess. Lets hope we hear more updates on this matter to decide how best to move forward.
Posted by: Anna Puma at May 29, 2012 09:22 AM (nfwzc)
Posted by: Nevergiveup at May 29, 2012 09:22 AM (05RcU)
Posted by: buzz at May 29, 2012 09:22 AM (i27M5)
Walker must have been doing something besides merely blogging about Kimberlin, even if the content of the blogging was arguably defamatory. Anyone have an explanation?
Posted by: Cicero at May 29, 2012 09:23 AM (QKKT0)
Posted by: J.J. Sefton at May 29, 2012 09:23 AM (MCDCp)
Posted by: Mama AJ at May 29, 2012 09:23 AM (XdlcF)
Posted by: BlackOrchid at May 29, 2012 09:23 AM (SB0V2)
Posted by: toby928© at May 29, 2012 09:24 AM (NG097)
Posted by: Jumbo Shrimp at May 29, 2012 09:24 AM (DGIjM)
Now toad-licking.
****
What two or more people do in the sanctity of their own bedroom or wherever else it feels right is of no business to you Reich-wing haters.
Posted by: WalrusRex at May 29, 2012 09:24 AM (jUZRg)
Posted by: Yip in Texas at May 29, 2012 09:24 AM (Mrdk1)
Even lawyers need lawyers sometimes.
The fact that there's a context where that statement is justified bugs me, by the way.
Posted by: Brother Cavil, New Caprica City DMV at May 29, 2012 09:24 AM (GBXon)
Speech about a private person isn't protected. Otherwise defamation laws would violate the 1st amendment. This is one reason to have Kimberlin's record read into the Congressional Record: the then becomes a "public person" or whatever the term is.
I could be mistaken on this, but I think this guy already tried to sue someone for libel or defamation of character and either lost or had the suit tossed because the judge ruled that it was nearly impossible to defame someone whose character was already destroyed. Maybe it was a different person, I can't recall for certain, but the point was that the plaintiff's character was already so badly damaged that there was very little that anyone else could say or write that would make him seem worse. This could be why you see Kimberlin filing all of these "peace orders" type suits that have nothing to do with defamation of character.
Posted by: Ghost of Lee Atwater at May 29, 2012 09:24 AM (JxMoP)
Posted by: JeremiadBullfrog at May 29, 2012 09:24 AM (Y5I9o)
Not being encumbered by your legal education, I'd venture to say that this is all okey-dokey because we're a people that long ago gave up self government to be ruled by an elitist bunch of fucking shitweeds. But that's just me.
Posted by: Herr Morgenholz at May 29, 2012 09:25 AM (zlvkY)
Buzz, Aaron Walker blogged under the name "Aaron Worthing".
Cicero, click my name for a copy of the peace order. Not that it will actually help make any sense of this!!
Posted by: Mama AJ at May 29, 2012 09:25 AM (XdlcF)
Posted by: Cicero at May 29, 2012 01:23 PM (QKKT0)
My understanding is that Kimberlin claims that AW physically attacked him at some point. This story gets weirder by the moment so I might be wrong about that.
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:25 AM (RD7QR)
Given that BK is one of a long list of Soros puppets (and that he quite reasonably could be seen as doing all this to get revenge for the silencing of other Soros puppets, ie, Weiner and ACORN) I don't think this is an either/or situation. The Presidency is of course the primary goal at all times, but if we can knock out some of Barry the Choom's command and control that's not a bad thing.
Posted by: Ian S. at May 29, 2012 09:26 AM (tqwMN)
Speech about private people is protected, just to a lower standard than New York Times v. Sullivan imposes for public people. Bedsides, the question of whether future speech will be preemptively enjoined is entirely separate from whether Kimberlin is a private or public person, and whether he has a viable claim for defamation. Prior restraint is almost always prohibited, regardless of whether the subject is a public or private person.
Posted by: Cicero at May 29, 2012 09:26 AM (QKKT0)
Posted by: Mama AJ at May 29, 2012 09:27 AM (XdlcF)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 09:27 AM (QxSug)
Will know more on AaronÂ’s situation at 3:30/4:30pm.
Posted by: Tami at May 29, 2012 09:27 AM (X6akg)
ruled by an elitist bunch of fucking shitweeds
****
The technical term is elitistfuckingshitweedocracy.
Posted by: WalrusRex at May 29, 2012 09:27 AM (jUZRg)
Posted by: hmmmm at May 29, 2012 09:27 AM (Tk/Py)
Other than the fact that it doesn't read right (what's the "either" -- I think the judge left off part of his order), where is he getting this from? Which "countless blog" threatened death?
http://i.imgur.com/55TPK.jpg
Posted by: laceyunderalls at May 29, 2012 09:27 AM (pLTLS)
Posted by: creeper at May 29, 2012 09:28 AM (gre5a)
Posted by: Yip in Texas at May 29, 2012 09:28 AM (Mrdk1)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 09:28 AM (QxSug)
Posted by: © Sponge at May 29, 2012 09:28 AM (UK9cE)
Posted by: hmmmm at May 29, 2012 09:29 AM (Tk/Py)
Posted by: Anna Puma at May 29, 2012 09:29 AM (nfwzc)
Posted by: thunderb at May 29, 2012 09:29 AM (Dnbau)
>>My understanding is that Kimberlin claims that AW physically attacked him at some point.
That, and video of what actually happened, are at Aaron's Allergic to Bull blog.
But...blogs with death threats are what are mentioned in the peace order.
Posted by: Mama AJ at May 29, 2012 09:29 AM (XdlcF)
Only as long as it takes the authorities in MD to make them up. MD is left of Left, so I wouldn't put it past them.
Posted by: dfbaskwill at May 29, 2012 09:29 AM (71LDo)
Posted by: nraendowment at May 29, 2012 09:29 AM (Msv+6)
Posted by: Journolist at May 29, 2012 09:30 AM (QWOh7)
fwiw, I read it on @melissatweet 's page
Posted by: laceyunderalls at May 29, 2012 09:30 AM (pLTLS)
Posted by: DiogenesLamp at May 29, 2012 01:19 PM (IEUSX)
emotional detachment
Posted by: Nevergiveup at May 29, 2012 01:22 PM (05RcU)
I believe I could work up some emotional detachment if the alternative is paying somebody $3,000.00 + just to show up for a hearing. Seriously, who would have thought it could have gone this way?
Posted by: DiogenesLamp at May 29, 2012 09:30 AM (IEUSX)
He must've pissed off the judge.
Posted by: mpurinTexas at May 29, 2012 09:31 AM (J4Pnx)
Posted by: Ian S. at May 29, 2012 01:26 PM (tqwMN)
Yes it's the same players behind this, but battles and order of battles has to be chosen wisely so people dont get distracted.
Posted by: Temper Tantrum at May 29, 2012 09:31 AM (AWmfW)
http://tinyurl.com/7stheup
Posted by: Tami at May 29, 2012 09:31 AM (X6akg)
Looking more like he's going to have to do just that.
Posted by: © Sponge at May 29, 2012 09:31 AM (UK9cE)
Posted by: Herr Morgenholz at May 29, 2012 09:31 AM (zlvkY)
Posted by: Have Blue at May 29, 2012 09:31 AM (0dPUM)
>>Just spoke to a source who confirms that witnesses saw Walker led out of the courtroom in handcuffs.
Hmm. Is that because of something that happened in the courtroom, like comtempt, or is it because he's supposed to stay away from "ANYWHERE" as stated in the peace order linked in my name??
Posted by: Mama AJ at May 29, 2012 09:31 AM (XdlcF)
Murphy vs Boston Herald 2007
MA Superior Court Judge Ernest Murphy sued the Boston Herald for "emotional distress suffered [...] as a result of watching his daughter's acute emotional trauma in the wake of the publication of the articles."
The articles in question were by Herald reporters writing on Judge Murphy's outrageous leniency for a rapist in a case.
The articles included quotes from Judge Murphy such as: "`She can't go through life as a victim. She's [fourteen]. She got raped. Tell her to get over it.'"
The judge won this case! The Boston Herald had to pay this piece of shit Judge Ernest Murphy damages as a result of exercising their First Amendment right to free speech.
Posted by: soothsayer at May 29, 2012 09:32 AM (9Q7Nu)
Posted by: Anna Puma at May 29, 2012 09:32 AM (nfwzc)
Posted by: nickless at May 29, 2012 09:32 AM (MMC8r)
Posted by: Jay at May 29, 2012 09:33 AM (nojhZ)
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:33 AM (8y9MW)
114I see nothing in the Peace Order that Walker is known to have violated so I guess we have to wait for transcript to find out what bugged the judge.<<<<
And also, I'd keep writing about convicted felon Brett Kimberlin. Worthing never communicated a threat as far as I can tell.
Extradite me, motherfucker, for blogging facts entered into the public record.
Hmm. Maybe that's what Aaron told the judge that got him arrested.
Posted by: Empire of Jeff at May 29, 2012 09:33 AM (U1kBg)
He's good at that.
Posted by: Julia Scyphers at May 29, 2012 09:34 AM (zlvkY)
Reading Worthing's account of this a week or so ago, I concluded that he has not been very smart, and simply is not very smart. Earlier, he showed up at a hearing he didn't need to be at, and piped up out of turn repeatedly, and annoyed and puzzled the judge. When Kimberlin supposedly raised an IPad to strike him outside the courtroom Worthing took it away from him instead of rapidly moving away. He is fecless and has played right into the sociopath's hands at every turn and has gotten himself all stuck to the tarbaby.
And the judge is either a fool or a tool, and the law is a ass. Those things are also true.
Posted by: Wm T Sherman at May 29, 2012 09:34 AM (w41GQ)
-------------
Leftists like him have raised victimization to an artform.
Posted by: meekrob at May 29, 2012 09:34 AM (x2CNJ)
Posted by: thunderb at May 29, 2012 09:34 AM (Dnbau)
Posted by: toby928© at May 29, 2012 09:35 AM (NG097)
Posted by: Steevy at May 29, 2012 09:35 AM (6HIQG)
Posted by: DiogenesLamp at May 29, 2012 01:30 PM (IEUSX)
Maybe that thinking is the mistake you avoid by having someone represent you.
These are left wing activist judges with no sense or reason.
Posted by: Temper Tantrum at May 29, 2012 09:35 AM (AWmfW)
Posted by: Journolist at May 29, 2012 09:35 AM (QWOh7)
I made the mistake of representing myself more than a decade ago on a traffic matter (had blown off paying a speeding ticket when in college and got pulled over to check in transits which were fine but my license was suspended). Accepted full responsibility and paid my fines. All good, right? City forgot to tell the County I showed up for court. County thinks I'm a deadbeat. Attorney could and would have caught the error.
Nothing like paying several thousand dollars in attorneys fees to get it right the second time and spend a night in the tank since they don't mess around when they think you're a second-time deadbeat.
Never represent yourself. The attorney yelled at me for not respecting the system and told me my suffering was what it likes to do to people who fail to show respect. "Pay me a bunch of money and the system likes you. Don't, and it'll make your life hell."
It's a good thing we don't let lawyers become Congressmen or else the whole system would be a corrupt disaster.
Posted by: ResistWeMuch at May 29, 2012 09:35 AM (bpONz)
Posted by: nickless at May 29, 2012 09:35 AM (MMC8r)
*stares at Jane D'oh for a little longer than is normally considered comfortable*
*shakes it's head as it looks away*
No...couldn't be...
*walks away*
Posted by: the United States at May 29, 2012 09:35 AM (sPO/s)
Posted by: Anna Puma at May 29, 2012 09:35 AM (nfwzc)
Posted by: MrObvious at May 29, 2012 09:35 AM (2uovW)
http://tinyurl.com/7stheup
Sounds like they have plans.
Posted by: Jane D'oh at May 29, 2012 09:36 AM (UOM48)
I take it this is really bad news for those who covered Kimberlin? I suppose we can all expect communications from the courts... and the stripping of our first amendment rights.
Sorry, but I don't have any witty snark this morning...
Posted by: Darth Chipmunk at May 29, 2012 09:36 AM (0tRzD)
--------------
Yep, that sounds about right.
Posted by: meekrob at May 29, 2012 09:36 AM (x2CNJ)
Posted by: Ian S. at May 29, 2012 09:36 AM (tqwMN)
Exactly. Kimberlin reportedly committed crimes to try to hide other crimes. Also reportedly, he even tried to convince other felons to commit crimes to mask his own.
Somehow, all this adds up to Worthing being the criminal? BS.
Posted by: AnonymousDrivel at May 29, 2012 09:36 AM (eHIJJ)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 09:37 AM (QxSug)
Posted by: d_fitz at May 29, 2012 09:37 AM (AnTLs)
Posted by: Mama AJ at May 29, 2012 01:25 PM (XdlcF)
Thanks, mama. The order is pretty vague but it appears that Kimberlin convinced some judge that either (a) Worthing threatened BK with imminent bodily harm (on his blog maybe?) or (b) Worthing's blogging caused third persons to threaten BK. IMO, restraining on alternative (a) would probably be proper; restraining on grounds of (b) would almost certainly NOT be proper. If a judge could restrain a blogger because his writing about a subject caused a nutjob to threaten the subject, there would be no end to the potential for censorship.
There's also some stuff that suggests Worthing had confrontations with BK, but this may just be boilerplate.
Anyone know what Worthing said about BK on his blog that might be seen as an imminent threat? If BK produced something, I can see the judge treating Worthing roughly.
Posted by: Cicero at May 29, 2012 09:37 AM (QKKT0)
Posted by: toby928© at May 29, 2012 09:37 AM (NG097)
No, but it does mean that there is at least some wiggle room between the 1st Amendment and blogging about private citizens.
I'm not saying this judge acted properly, but I can at least see some situations where this would be justified (well, not the arrest- not sure what that's about).
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 09:37 AM (8y9MW)
I just toss it in the pile with the rest. I have more lawyers in my yard than I have songbirds.
They just love thistle seed, you know.
Posted by: Herr Morgenholz at May 29, 2012 09:38 AM (zlvkY)
Posted by: Average Joe at May 29, 2012 09:38 AM (bN5ZU)
--------------------
I hear lawyers make good fertilizer.
Posted by: meekrob at May 29, 2012 09:39 AM (x2CNJ)
Posted by: MostlyRight at May 29, 2012 09:39 AM (ZG8Ti)
Posted by: Anna Puma at May 29, 2012 09:39 AM (nfwzc)
Posted by: Bitter Clinger and all that at May 29, 2012 09:39 AM (CP+yl)
Posted by: Nevergiveup at May 29, 2012 09:39 AM (05RcU)
Posted by: Steevy at May 29, 2012 09:39 AM (6HIQG)
Posted by: Jay at May 29, 2012 01:33 PM (nojhZ)
But until we know , maybe the activist judge used that saying to imply he didn't represented himself correctly.
Posted by: Temper Tantrum at May 29, 2012 09:40 AM (AWmfW)
Clearly, Mr. Worthing confessed to sabotaging the latest Four Year Plan.
Posted by: Herr Morgenholz at May 29, 2012 09:40 AM (zlvkY)
Posted by: Y-not despises the SCOAMF at May 29, 2012 09:41 AM (5H6zj)
Posted by: mpurinTexas at May 29, 2012 09:41 AM (J4Pnx)
Posted by: nickless at May 29, 2012 09:41 AM (MMC8r)
Posted by: Junshin at May 29, 2012 09:41 AM (VWlmO)
Uh, proofreading?
Posted by: datsnotamore at May 29, 2012 09:41 AM (Cb0k8)
Rule number one: Never tick off the judge. Rule number two: everything else.
I am *not*, I repeat *not* saying that's what happened, I wasn't there and I have no idea at all what happened. But if you violate rule number one? Well, a judge has many options, including having you thrown in jail for disrespecting his authoritah. That can happen no matter how right you are about whatever it is you are arguing.
I have Opinions about peace orders/protective orders/whatever your jurisdiction calls them. In brief, they are too easy to obtain and far, far too broad. Again, I have no idea, at all, if Aaron Worthing violated the terms of the peace order that was in place. None. I am simply saying that, speaking broadly, these types of orders are too easily granted.
Posted by: alexthechick at May 29, 2012 09:42 AM (VtjlW)
So I guess to win on the peace order deal, whether you really have a leg to stand on, Is be the one who asks one first.
make shit up i guess, also who outted place of works wifes work and home address anyway? who was threatening whom?
Posted by: willow at May 29, 2012 09:42 AM (TomZ9)
Posted by: Dr Spank at May 29, 2012 09:42 AM (MNbIC)
Posted by: © Sponge at May 29, 2012 09:43 AM (UK9cE)
If Aaron was representing himself he probably could not fire himself as his legal counsel while in session...
****
He should probably file a 35(c) motion alleging ineffective assistance of counsel.
Posted by: WalrusRex at May 29, 2012 09:43 AM (jUZRg)
Posted by: Anna Puma at May 29, 2012 09:43 AM (nfwzc)
Course, I was younger and drove too fast.
I also fired my lawyer in the middle of a civil trial and kicked the plaintiff's ass after a 15 minute recess in which the judge asked me if I knew what the hell I was doing.
I didn't, but apparently I did.
Posted by: Herr Morgenholz at May 29, 2012 09:43 AM (zlvkY)
What a fucking nightmare.
Posted by: laceyunderalls at May 29, 2012 09:43 AM (pLTLS)
Posted by: Steevy at May 29, 2012 09:43 AM (6HIQG)
Posted by: toby928© at May 29, 2012 01:37 PM (NG097)
Look, these parades you throw are very expensive. You using my police, my sanitation people, and my Oldsmobiles free of charge. So, if you mention extortion again, I'll have your legs broken.
Posted by: Carmine DePasto at May 29, 2012 09:43 AM (QKKT0)
I hear lawyers make good fertilizer.
Is that not redundant? (It all depends on how you define the word "is".)
Posted by: William Jefferson Clinton at May 29, 2012 09:44 AM (2uovW)
Is this something that can be appealed?
Posted by: holygoat at May 29, 2012 09:44 AM (auGuV)
Posted by: willow at May 29, 2012 09:44 AM (TomZ9)
Prohibited act? Again I ask, how can an "order" issued by a Maryland judge in a Maryland court have any authority over a resident of another state?
------
If Worthing didn't bring this up then he has a fool for a client. But this is nothing new in the court system. I recall reading stories about the lawyers for the 100 exact cases that preceded Rosa Parks being thrown into jail by the judge. One of the quotes I'll paraphrase, when a judge told the lawyer he's being locked up for defending the client. "You northerners want to come into my courthouse with these stunts, you'll be locked up".
Posted by: Jimmah at May 29, 2012 09:44 AM (cWkOB)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 09:45 AM (QxSug)
Posted by: Have Blue at May 29, 2012 09:45 AM (0dPUM)
Posted by: Jumbo Shrimp at May 29, 2012 09:45 AM (DGIjM)
However, and I hate to say this, Worthing was a fucking retard to represent himself in this case, ESPECIALLY if he couldn't control his temper -- which he has already evidenced a problem with.
He's a lawyer, he should know better.
Posted by: Jeff B. at May 29, 2012 09:45 AM (KVOrU)
Posted by: Nevergiveup at May 29, 2012 09:45 AM (05RcU)
Posted by: Bitter Clinger and all that at May 29, 2012 01:39 PM (CP+yl)
Yes , Patience , this is left wing psy ops and lawfare against bloggers. Needs a mobilization.
Posted by: Temper Tantrum at May 29, 2012 09:45 AM (AWmfW)
What did this "peace order" say, exactly?
I am so glad I don't live in the People's Republic of Maryland...
Posted by: Jay at May 29, 2012 09:45 AM (3LaGb)
Posted by: Bitter Clinger and all that at May 29, 2012 09:46 AM (CP+yl)
Posted by: Y-not despises the SCOAMF at May 29, 2012 09:46 AM (5H6zj)
The law expects lawyers to get paid. If no lawyer is paid, justice is not served.
****
I remember during the Obamacare debate Obama alleged that doctors would perform unnecessary tonsilectomies and amputations for the money. Maybe you should perform your own surgery as well, just to be safe.
Posted by: WalrusRex at May 29, 2012 09:46 AM (jUZRg)
Worthing obviously has "issues". He obviously doesn't have the temperament to be a trial lawyer, and fails to acknowledge that ...
A person who represents himself in court has a fool for a client.
Posted by: datsnotamore at May 29, 2012 09:47 AM (Cb0k8)
^^^
Oh I know, but really on this *particular* case. Give me a break for just one second.
Posted by: laceyunderalls at May 29, 2012 09:47 AM (pLTLS)
#BrettKimberlin "affiliate" says "The rest of you plotters will probably be served soon."
Bring it. I've got lawyers by the dozens!
Posted by: HP, Brother, and Kyocera at May 29, 2012 09:47 AM (+hPIb)
Looking at it this way... The most important thing to judges, ahead of justice, is that your respect their authoritah.
The judge might have been strongly inclined to arrest Aaron Worthing because he felt his Peace Order had been violated.
Which would explain why he got "increasingly hostile" as the hearing wore on.
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:47 AM (RD7QR)
Posted by: Dr Spank at May 29, 2012 09:48 AM (MNbIC)
This is true. I think Aaron has a hard time accepting charity. You'll notice he was the slowest regarding a donation fund. He doesn't have a paypal tip jar.
And he doesn't have a job, yet he has thousands in legal bills.
He won the last peace order, was elated, and then almost immediately Brett filed another one. He cannot keep fighting them over and over and over. he doesn't have infinite money.
Of course, this is not a full explanation as there is fund now for helping defend oneself from Brett.
It was a serious mistake for Aaron to go into a hearing without a lawyer. Aaron thought the truth would be enough. It is not enough in Maryland.
Posted by: Dustin at May 29, 2012 09:48 AM (z36s0)
how can an "order" issued by a Maryland judge in a Maryland court have any authority over a resident of another state?
****
Full faith and credit clause.
Posted by: WalrusRex at May 29, 2012 09:48 AM (jUZRg)
"Respect mah authoritay." Truer words. The law is not the ass here, it's the judge. Not doing his/her/its job.
Posted by: AMartel at May 29, 2012 09:48 AM (1Bqk7)
Linky goes to Politico:
http://tinyurl.com/7mmqq69
Posted by: Jane D'oh at May 29, 2012 09:48 AM (UOM48)
Posted by: Nevergiveup at May 29, 2012 09:49 AM (05RcU)
WTF?
there is clear and convincing evidence that [Walker] is likely to commit a prohibited act in the future against [Kimberlin].”
==================
That seems pretty arbitrary....
Posted by: Jay at May 29, 2012 09:49 AM (3LaGb)
Posted by: Chris R, red in NY-9 at May 29, 2012 01:10 PM (NFcOS)
Fuck this shit.
We can walk and chew gum at the same time. Where did people get the idea that somehow the right can't focus on multiple issues?
The presidential election is 6 months away which is plenty of time to beat up on Obama and the economy. But Aaron Worthing is losing his freedom today thanks to Kimberlin. I think we can all budget some time to stop this.
Posted by: Mætenloch at May 29, 2012 09:49 AM (pAlYe)
Judges are mini-tyrants capable of ruining lives if they have a bad day.
I put ZERO faith in the judicial system.
Posted by: jjmurphy at May 29, 2012 09:49 AM (xjEAl)
I noticed that he posted four comments to R. S. McCain's article on the American Spectator site last night.
Posted by: Otis Criblecoblis at May 29, 2012 09:50 AM (IlZPo)
how can an "order" issued by a Maryland judge in a Maryland court have any authority over a resident of another state?
gah, probably has something to do with commerce clause.
Posted by: willow at May 29, 2012 09:50 AM (TomZ9)
Posted by: Jack at May 29, 2012 09:51 AM (42/S8)
Posted by: BeckoningChasm at May 29, 2012 09:51 AM (i0App)
This morning, I attended the hearing over a protective order sought by Brett Kimberlin against Aaron Walker in Rockville, MD. There were only a few people there. Walker, the defendant, if you will–and I apologize for getting any terminology wrong, I don’t have a lot of experience with peace orders, as my thorough pre-adoption criminal background check shows–had to represent himself. Kimberlin had an attorney present, who issued a few objections, nearly inaudible to me. The Judge, and I haven’t confirmed this, but I believe he was former Montgomery County Chief Justice James Vaughan–a guy who retired in ’04, and still takes the odd shift when stuff gets busy or there are vacations. In an earlier matter, Judge Vaughan mentioned he lived in the Caribbean, so pretty sure that’s the guy.
It went bad for Walker pretty quickly. If youÂ’ve followed the matter, and I know not a lot of people have, Walker, who is an attorney, acted in an advisory capacity for another blogger who had dealings with Kimberlin. Kimberlin later accused Walker of assault; those charges were null-processed; Walker wrote about things like youÂ’ll read on KimberlinÂ’s wikipedia page, as well as his own dealings with Kimberlin.
http://tinyurl.com/7js6z9v
Posted by: Tami at May 29, 2012 09:51 AM (X6akg)
Posted by: Jane D'oh at May 29, 2012 09:51 AM (UOM48)
Posted by: macintx at May 29, 2012 09:52 AM (ucs8Y)
We can walk and chew gum at the same time. Where did people get the idea that somehow the right can't focus on multiple issues?
The presidential election is 6 months away which is plenty of time to beat up on Obama and the economy. But Aaron Worthing is losing his freedom today thanks to Kimberlin. I think we can all budget some time to stop this.
Posted by: Mætenloch at May 29, 2012 01:49 PM (pAlYe)
Ditto.
Posted by: Temper Tantrum at May 29, 2012 09:52 AM (AWmfW)
What you have yourselfs is a victim whom Ace and a huge majority of commenters are frantically dissociating yourselfs from, because yourselfs "understand" he "must have done something"...because (all we know for sure is) the government appears to be treating him poorly.
Yourselfs is a bag o' tools who aren't even on *your own* side, and you deserve whatever Kimberlin & Co. decide you deserve.
Posted by: nope at May 29, 2012 09:52 AM (cePv8)
Posted by: Michael at May 29, 2012 09:52 AM (Hl5ka)
Posted by: Cicero at May 29, 2012 09:52 AM (QKKT0)
Both actually. About 90% of the commenters at Sailer are openly anti-Semitic and they hate Israel because they want Israel's immigration policy for America. They blame Jews for America's lax immigration laws.
Posted by: pickles at May 29, 2012 09:53 AM (wUldG)
Posted by: FPW at May 29, 2012 09:53 AM (BDNF5)
Posted by: Dr Spank at May 29, 2012 01:48 PM (MNbIC)"
Are there no conservative lawyers who would take this case pro bono? THIS case? We are really and truly fucked if that's the case.
Posted by: holygoat at May 29, 2012 09:54 AM (auGuV)
Posted by: WH Choom Gang at May 29, 2012 09:55 AM (c3mby)
Posted by: toby928© at May 29, 2012 09:55 AM (NG097)
The law expects lawyers to get paid.
This. If you read through any of the statutes on paying back liens, be they to the government (Medicare or Medicaid) or to a private insurer (ERISA qualified health plans for example), the amount at issue is the amount after the lawyer gets paid. Lawyers write the laws and lawyers make damn sure that the profession will get paid.
It was a serious mistake for Aaron to go into a hearing without a lawyer. Aaron thought the truth would be enough. It is not enough in Maryland.
We don't know why he was arrested. You can be thrown in jail for contempt while being totally right as a matter of law. (Again, I have no idea if that's what happened but that's my gut reaction to the little that we know) The most idiotic thing I've ever seen in court was a defendant saying to a judge that he didn't have to obey an order compelling discovery of his assets to satisfy a verdict because the jury was wrong and he wasn't going to pay. The judge asked him point blank if he was refusing to do what the court said. The guy said yes. I thought the judge was going to come over the bench and throttle him with his bare hands. That guy was in jail for two days before the judge decided he would deign to listen to a request for release.
Rule number one. Never ever tick off the judge. Ever.
Posted by: alexthechick at May 29, 2012 09:56 AM (VtjlW)
If a court has personal jurisdiction over a party, it can make an order restraining that party's conduct no matter where it might occur. (Otherwise, the party could just cross a state line and violate an injunction with impunity.)
I have a case in now where a California federal judge restrained my client, a company, from carrying out certain business transactions in China. It's a valid order.
Posted by: Cicero at May 29, 2012 09:56 AM (QKKT0)
Full faith and credit clause.
I get that for stuff like "Pay this guy this much money," or "Stay away from this person and don't try to contact him." Those I understand. What I don't understand is, "Hey, you in that other state over there. Don't say anything about this guy in this state over here." Seems to me that even if a judge could preempt the speech of a person in a different state it would be a federal judge that would be doing it, not a state judge.
Posted by: Ghost of Lee Atwater at May 29, 2012 09:56 AM (JxMoP)
When our rights to free speech on blogs is threatened individually, if we abandon each other to fend for ourselves, then we will be one by one bullied into silence; And there will be no more new media.
Posted by: MikeTheMoose Troll Hunter! at May 29, 2012 09:56 AM (0q2P7)
Posted by: toby928© at May 29, 2012 01:55 PM (NG097)
Well, if it's about contempt of court. But the issue of the peace order is still out there, isn't it?
Posted by: joncelli, heartless Con and all around unpleasant guy at May 29, 2012 09:57 AM (RD7QR)
The tyranny is already here.
Posted by: Jimbo at May 29, 2012 09:57 AM (O3R/2)
To some of you, this is an issue you're been aware of for days or a couple of weeks, but this has been a burden on Aaron for a lot longer. He make a mistake, but he's not a fucking retard. He knew the risks of free speech and he has consistently stood up for free speech anyway, and deserves more respect.
Posted by: Dustin at May 29, 2012 09:57 AM (z36s0)
And Walker pissed him off. So did Kimberlin, but Walker identified himself as a Yale-trained lawyer, albeit one who was representing himself. Kimberlin made any number of allegations–essentially, everything that was said about his side–issuing death threats, harming business interests, summoning SWAT teams to the home–was said by Kimberlin to have been done by Walker’s side.
The pair went back and forth, back and forth, with Walker getting increasingly flustered, and the Judge finally asking, “what did they tell you in Yale Law School about interrupting a judge?” And later advising Walker to sit down, grip a pencil, and whenever he was tempted to speak over the Judge (or Kimberlin, but mostly over the Judge), to instead grip the pencil.
At one point, when Walker again interrupted Kimberlin, an attorney who was “advising” Walker–i.e.,. sitting in the coutroom, but not actually at Walker’s table, signaled to the plaintiff that he ought to “zip it.” This process amused Kimberlin, obviously.
Posted by: Tami at May 29, 2012 09:59 AM (X6akg)
Posted by: nickless at May 29, 2012 09:59 AM (MMC8r)
If that link that was provided from someone who attended is accurate, then the peace order was merely kept in place but Worthing got arrested because he didn't shut up.
Posted by: Jay at May 29, 2012 10:00 AM (3LaGb)
Posted by: Cicero at May 29, 2012 01:52 PM (QKKT0)
Context says its corrupt.
Posted by: Temper Tantrum at May 29, 2012 10:00 AM (AWmfW)
I was being facetious. Years ago there was a paleocon asswipe called Cedarford who used to troll around here and when called on his anti-semitism (as he frequently was) he would claim that he was merely anti-zionist. It became a running joke.
Posted by: meekrob at May 29, 2012 10:00 AM (x2CNJ)
Very informative link, Y-not.
"Walker getting increasingly flustered, and the Judge finally asking, “what did they tell you in Yale Law School about interrupting a judge?” And later advising Walker to sit down, grip a pencil, and whenever he was tempted to speak over the Judge (or Kimberlin, but mostly over the Judge), to instead grip the pencil."
Conclusion: Walker is an idiot. In addition to pissing of the guy in the dress, the fact that Walker could not behave politely made him look like the kind of guy that Kimberlin said that he was.
P.S. I got bawled out by a judge late last Friday evening when I raised my voice while cross examining a defendant. I immediately apologized to the court and continued in a more professional manner. I won and the defendant is in the custody of DOC now.
Posted by: WalrusRex at May 29, 2012 10:01 AM (jUZRg)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 10:02 AM (QxSug)
Posted by: Crazy Bald Guy at May 29, 2012 10:02 AM (GKqka)
I think the judge may have interpreted Aaron's blog laying out the video and how it contradicts Brett's sworn statements as contemptuous, and also accepted the claims this coordinated harassment (which I find absurd and probably fabricated).
Posted by: Dustin at May 29, 2012 10:02 AM (z36s0)
Posted by: MikeTheMoose Troll Hunter! at May 29, 2012 01:56 PM (0q2P7)
uh hmm. well said.
now i would liek to discuss the NY internet speech legislation thing . anyone up on that?
Posted by: willow at May 29, 2012 10:02 AM (TomZ9)
asking, “what did they tell you in Yale Law School about interrupting a
judge?”"
Well shit. I stand corrected.
Posted by: Dustin at May 29, 2012 10:03 AM (z36s0)
Posted by: Dr Spank at May 29, 2012 10:04 AM (MNbIC)
Posted by: BlackOrchid at May 29, 2012 10:04 AM (SB0V2)
-----------------------------
I imagine Soros has a good many lawyers on his payroll.
Posted by: meekrob at May 29, 2012 10:05 AM (x2CNJ)
No, not really. I've been in a number of these sorts of hearings, in this Court. It's not weird. Worthing/Walker lost his temper and blew up. It was inevitable. Had he kept his cool, he would have walked out fine.
Posted by: Jeff B. at May 29, 2012 10:05 AM (KVOrU)
How did Kimberlin afford an attorney? And if he was represented pro bono, what lawyer would defend this guy for free
I have no facts (thus seperating myself from defamation and such) but I'd suspect that his his Charity may have something to do with this question.
Posted by: tsrblke at May 29, 2012 10:06 AM (22rSN)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 10:06 AM (QxSug)
Walrus Rex states:
"Walker getting increasingly flustered, and the Judge finally asking, “what did they tell you in Yale Law School about interrupting a judge?” And later advising Walker to sit down, grip a pencil, and whenever he was tempted to speak over the Judge (or Kimberlin, but mostly over the Judge), to instead grip the pencil."
That doesn't sound very good. Was walker attempting to get infomation included , would that be typical if He was trying but the Judge wouldn't allow it?
just asking for the general gist of how a trial type thing goes in a peace order.
Posted by: willow at May 29, 2012 10:06 AM (TomZ9)
Posted by: Steevy at May 29, 2012 10:06 AM (6HIQG)
When our rights to free speech on blogs is threatened individually, if we abandon each other to fend for ourselves, then we will be one by one bullied into silence; And there will be no more new media.
Posted by: MikeTheMoose Troll Hunter! at May 29, 2012 01:56 PM (0q2P7)
Yes , you should have the right to free speech without being connected and affording a team of lawyers.
This is a war on freedom from the left , again.
Posted by: Temper Tantrum at May 29, 2012 10:06 AM (AWmfW)
Judges are pretty damn powerfull. I was watching one on court tv once tell a person he was not to be within so many feet of the other party. The guy answered that he already lives within that distance from the person. The judges answer was, well then you'll have to move.
Posted by: Jimmah at May 29, 2012 10:07 AM (cWkOB)
Kimberlin didn't have a lawyer, he had an "advisor" sitting with the public who was able to whisper into his ear, apparently.
Posted by: Jay at May 29, 2012 10:07 AM (3LaGb)
Posted by: Tami at May 29, 2012 10:07 AM (X6akg)
Posted by: Junshin at May 29, 2012 10:08 AM (VWlmO)
Again, not to make light of a very serious situation, but one of the reason we lawyers make fun of Yale Law School is because, despite the school's vaunted reputation, it produces absolutely terrible TRIAL attorneys. Including the sorts of people who think it's a smart idea brag about their law school pedigree at a Peace Order hearing in order to establish credibility as a pro se defendant. Seriously now...ugh, I'm shaking my head at the unforced errors here.
Posted by: Jeff B. at May 29, 2012 10:08 AM (KVOrU)
Posted by: Buzzsaw at May 29, 2012 10:08 AM (tf9Ne)
Posted by: Yip in Texas at May 29, 2012 10:08 AM (Mrdk1)
3-803. Harassment.
(a) Prohibited.- A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:
(1) with the intent to harass, alarm, or annoy the other;
(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3) without a legal purpose.
(b) Exception.- This section does not apply to a peaceable activity intended to express a political view or provide information to others.
(c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
http://tinyurl.com/6uoen6f
Posted by: tmitsss at May 29, 2012 10:08 AM (V4Pya)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 10:09 AM (QxSug)
If a court has personal jurisdiction over a party, it can make an order restraining that party's conduct no matter where it might occur. (Otherwise, the party could just cross a state line and violate an injunction with impunity.)
When you say personal jurisdiction, do you mean something like a person on probation or parole? Because I completely understand that.
I have a case in now where a California federal judge restrained my client, a company, from carrying out certain business transactions in China. It's a valid order.
That I understand as well because it's a federal judge. But could a California state judge issue issue that same order?
Posted by: Ghost of Lee Atwater at May 29, 2012 10:10 AM (JxMoP)
OK, I get it now.
Posted by: jjmurphy at May 29, 2012 10:10 AM (xjEAl)
P.S. I got bawled out by a judge late last Friday evening whenI raised my voice while cross examining a defendant. I immediately apologized to the court and continued in a more professional manner. I won and the defendant is in the custody of DOC now.
I once very nearly got thrown in jail for contempt because the lawyer I was assisting (I was running the presentation equipment) asked me to bring her back a bottle of water during a break. She neglected to tell me that the judge had specifically prohibited any food or drink of any kind, including bottles of water, from being brought into court. I bop out, get a bottle from the machine, head back in and started getting yelled at from the bench the second I entered the courtroom. The Bitch for whom I worked sat there and didn't say a word btw. I basically did the "I am sorry, Your Honor, you are right, Your Honor, I am terribly sorry, Your Honor, may I have the Court's permission to leave the room to dispose of this, Your Honor?" thing. I was later told by defense counsel that the only reason I didn't get hauled off was because it was very clear from my shocked deer expression that I had no idea that he had given that directive.
Posted by: alexthechick at May 29, 2012 10:10 AM (VtjlW)
That no matter how incompetently or abusively a particular court is being run, I should withhold my tongue but visualize the ringmaster slipping and faceplanting in a pile of poop to maintain sanity? I think it was letter D on the exam.
Posted by: Things I'd Liketosay, Esq. at May 29, 2012 10:11 AM (eHIJJ)
Maybe so, but it's not about THAT. It's about the facts before the Court in this specific issue. I fully understand how hard it is to set aside emotions at a time like this, but that's why you fucking need a lawyer to do it for you. He won't be emotionally invested in this case the way you personally are.
Otherwise you get shit like this. I hope Kimberlin gets hit by a bolt of lightning, I think he's the scum of the earth, but man...it's 100% obvious to me that Walker brought this fully on himself. Were it any other pro se defendant I would be much more sympathetic. But he's a LAWYER. If anyone should know, it's him. He's literally the only class of person who doesn't really have an excuse.
Posted by: Jeff B. at May 29, 2012 10:11 AM (KVOrU)
Posted by: Dr Spank at May 29, 2012 02:04 PM (MNbIC)
[Waves and chuckles evilly]
Posted by: George "Capo" Soros at May 29, 2012 10:11 AM (RD7QR)
Posted by: Mætenloch at May 29, 2012 01:49 PM (pAlYe)
Exactly. The #emoprogs *want* us to all be isolated and telling each individual attacked "Sorry kid, you're on your own, we have an election to win" does their work at least as well( and I say better) as using some energy to support those attacked.
Posted by: Polliwog, Teahada hobbit at May 29, 2012 10:12 AM (CQ1cz)
Posted by: Steevy at May 29, 2012 10:12 AM (6HIQG)
seems kimberlin projetcs his behavior on his victims,
kimberlins past could not be brought up? why? is the scope to large for a peace order proccess?
Posted by: willow at May 29, 2012 10:12 AM (TomZ9)
Posted by: joeindc44 says come on, guys, no tough questions at May 29, 2012 10:15 AM (QxSug)
Kimberlin's tactics are that of a scumbag, sure, but they wouldn't have worked had we just ignored his ass from the get go. Which, as I understand it, was a perfectly legitimate option, was it not? I might be wrong about that, but this story didn't matter to me until it went to court.
Walker's arrest is still bullshit, don't get me wrong.
Posted by: Aaron at May 29, 2012 10:15 AM (Tlix5)
Posted by: Jane D'oh at May 29, 2012 01:51 PM (UOM4
I strongly recommend Tammy Bruce over the internet as an alternative between 1-3. She hasn't talked about Kimberlin yet, but she did last week, but just got through slapping the snot out of Peggy Costanza Noonan for her witless performance in front of douchetool Charlie Rose (what could go wrong) urging Romney to disassociate himself from the "freak show" of the Tea Party. Peggy would rather have McCain 2 for a campaign since she's still so fucking butthurt for being completely wrong on the JEF. Being wrong all the time appears to be adding even more lines to Peggy's face; well, that and the booze.
Posted by: Captain Hate at May 29, 2012 10:15 AM (7Ph7Z)
No, "personal jurisdiction" is a legal term that means the Court has the right to hail the defendant before it in a case. Most states (including Maryland), via so-called "long arm statutes," have extended the bases for personal jurisdiction to the Constitutional limit, which is to say that if you are interacting with the forum state in any number of commonsense ways (i.e. if you live there you're subject to general jurisdiction on any and all matters, if you live elsewhere but are conducting business there or passing through, you're subject to jd on issues relating to those actions), the state can have personal jurisdiction over a claim involving you. You can file suit there, or be hailed into court as a defendant.
Posted by: Jeff B. at May 29, 2012 10:17 AM (KVOrU)
Posted by: NukemHill at May 29, 2012 10:17 AM (7WLzC)
That doesn't sound very good. Was walker attempting to get infomation included , would that be typical if He was trying but the Judge wouldn't allow it?
just asking for the general gist of how a trial type thing goes in a peace order.
****
It's hard to say what happened. Extrapolating from Y-not's link, the judge was magnificently ignorant of common internet issues. For example, the judge seemed to believe that Twitter postings were messages from Walker directly to Kimberlin and the judge was shocked to find 500,000 Goggle searches of something Kimberlin-related and appeared to think that Walker searched Kimberlin 500,000 times. That would indeed be infuriating but 1) stupid judges are a fact of life and 2) the proper response is to educate the judge, not denigrate him. I'm speculating here but Walker may not have realized the depth of the judge's ignorance regarding internet issues so during his presentation made no effort to insure that the judge understood what was going on. When he realized his mistake, he may have become frustrated. He's apparenlty is in the cooler now with time to mediate on a better trial strategy.
There is nothing particularly unusual, by the way, in conducting highly emotional hearings. Many divorces, for example, are extremely hotly contested and highly emotionally charged. It is the judge's job to keep the lid on the pressure cooker. He does this by removing people who are unable to control their conduct.
Posted by: WalrusRex at May 29, 2012 10:17 AM (jUZRg)
Posted by: Mama AJ on phone at May 29, 2012 10:19 AM (XdlcF)
Posted by: cthulhu at May 29, 2012 10:21 AM (kaalw)
Posted by: Nevergiveup at May 29, 2012 10:21 AM (05RcU)
The Axiom Report (theaxiomreport.com) is a new news/opinion site that is being kind enough let me write for them. If people actually give them money, they'll give me money.
Wait. Does that make me a "professional" blogger now?
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 10:21 AM (8y9MW)
Never represent yourself. The attorney yelled at me for not respecting the system and told me my suffering was what it likes to do to people who fail to show respect. "Pay me a bunch of money and the system likes you. Don't, and it'll make your life hell."
It's a good thing we don't let lawyers become Congressmen or else the whole system would be a corrupt disaster.
Posted by: ResistWeMuch at May 29, 2012 01:35 PM (bpONz)
This is more an indictement of the failings of our system ( A left over of monarchy in my opinion) than it is an indictment of someone representing themselves. People are in effect saying " Pay the corrupt system, or you'll be sorry!" While it may be true, the problem is that the system is corrupt, not that individuals are representing themselves.
Posted by: DiogenesLamp at May 29, 2012 10:21 AM (IEUSX)
Aaron , other than A Walker being asked for help from another person (a liberal )being harrassed by Kimberlin (not asked in a formal capacity as His atty )
and A Walker then being threatened for giving advice on where to go for help
from Kimberlin'
i think that is where the interest in kimberlin was statrted
?
Posted by: willow at May 29, 2012 10:22 AM (TomZ9)
Aaron, you might want to read up on the details of the case before declaring it a nothingburger. When someone catches Kimberlin's eye and he start waging lawfare against them, ignoring it is no longer an option.
Posted by: Mætenloch at May 29, 2012 10:22 AM (pAlYe)
Posted by: Steevy at May 29, 2012 10:22 AM (6HIQG)
I couldn't open the Stacy McCain link, but I'm guessing Mr. Worthing brought up Kimberlin's past and the judge didn't want to hear about it, and then brought it up again, and was held in contempt. Why wouldn't the judge want to hear it? He/she probably thinks it's irrelevant to the question before him/ her: if I negligently run over Charles Manson's toe and he sues me, I can't use "but he's Charles Manson" as a defense to my own violation of the law unless it's an excuse recognized by the law. A pattern of frivolous suits might not be considered relevant either -- the judge may want to consider whether this might be one of the times the stopped clock is right. Also, while the record on Kimberlin is well-documented, I'm guessing if Worthing just started mentioning facts without documentation, the judge may have viewed it as hearsay, and, if Kimberlin denied the stories, he/ she would have to hear admissible evidence on the point, which, going back to the first reason, could be viewed as taking the issue far afield from what the judge thought the scope of the hearing should be.
Posted by: Bud Norton at May 29, 2012 10:23 AM (6cOMd)
This on more problem representing yourself , you know "too much" about the case to accept the Kafka-escue process.
It's not so much about justice as it is about the process. Process uber alles.
Posted by: Temper Tantrum at May 29, 2012 10:23 AM (AWmfW)
Posted by: Jimmah at May 29, 2012 10:24 AM (cWkOB)
Alex, did the bitch actually set you up?
No, she is pretty much the poster child for Entitled Bitch and simply thought rules didn't apply to her. Hell, on a separate occasion I had to have a court officer go and tell her that no, ma'am, your assistant is not allowed to bring your lunch into the courtroom and she is not lying about that. She was sitting directly underneath a huge sign that said "NO FOOD OR DRINK IN THE COURTROOM" at the time. This is the same woman who screamed at me while on conference call with five other people about how it was my fault that the internet and video conferencing lines were down directly after telling her that the reason that everything was down was because a substantial portion of the northeast was out due to a major cable being severed. I'm not kidding, she blamed that on me. Via screaming. In front of other people.
No words for how happy I am that I am out of that place. No words.
Posted by: alexthechick at May 29, 2012 10:25 AM (VtjlW)
. It is the judge's job to keep the lid on the pressure cooker. He does this by removing people who are unable to control their conduct. <<<<
Or who fail to sufficiently suck his wrinkled fucking ass. He sat there crowing about how stupid people are for posting on Twitter: "Don't they have anything better to do?"
Kimberlin is complaining about Walker's internet activity, here's a pile of some type of activity, this Yale brat is annoying, fuck it, I'll piss on him because I can't be bothered.
Fuck both of those cocksuckers.
Posted by: Empire of Jeff at May 29, 2012 10:26 AM (U1kBg)
For example, the judge seemed to believe that Twitter postings were messages from Walker directly to Kimberlin and the judge was shocked to find 500,000 Goggle searches of something Kimberlin-related and appeared to think that Walker searched Kimberlin 500,000 times. That would indeed be infuriating but 1) stupid judges are a fact of life and 2) the proper response is to educate the judge, not denigrate him.
There is nothing particularly unusual, by the way, in conducting highly emotional hearings. Many divorces, for example, are extremely hotly contested and highly emotionally charged. It is the judge's job to keep the lid on the pressure cooker. He does this by removing people who are unable to control their conduct.
Posted by: WalrusRex at May 29, 2012 02:17 PM (jUZRg)
Ok , thank you. But Kimberlain has already won this round? ?
what about the earlier order that Aaron had won, ( spoken of by another commenter)? is that deleted?
Posted by: willow at May 29, 2012 10:27 AM (TomZ9)
Posted by: DiogenesLamp at May 29, 2012 02:21 PM (IEUSX)
You're lawyer hasn't got the same personal conflict with the judge. Makes it emotionally easier for him.
Posted by: Temper Tantrum at May 29, 2012 10:28 AM (AWmfW)
Posted by: Y-not despises the SCOAMF at May 29, 2012 10:29 AM (5H6zj)
Posted by: Meerkat Manor at May 29, 2012 10:29 AM (Iq9Ow)
No words for how happy I am that I am out of that place. No words.
****
You know how people think that attorneys are assholes? Well, there's a reason for that.
Posted by: WalrusRex at May 29, 2012 10:30 AM (jUZRg)
1. Be prepared
2. Be respectful
3. Be polite
4. Do not let yourself be provoked to anger(by anyone present or anything said or done)
5. Present the facts as you know them and have proof of
6. Do not argue, explain
7. Know your material(your evidence, the law, your witnesses)
8. Know your adversary(their case, their weaknesses, their character)
9. Accept that you may lose or not get what you think is fair.(know the flaws in YOUR case.) The law is not about fairness.
10. Be patient
11. The judge is more powerful than any captain ever strode a ship at sea. Their judgment may not be final but it will take effect when they say so. You are not there to convince them of the fairness of your position but that the law says your position is the correct one according to the law. (as interpreted by the judge). Disobey them at your peril.
Posted by: Bitter Clinger and all that at May 29, 2012 10:31 AM (CP+yl)
Posted by: Albie Damned at May 29, 2012 10:31 AM (Yhu4q)
Posted by: Aaron at May 29, 2012 02:15 PM (Tlix5)
As far as I can tell, Breitbart et al. stumbled upon Kimberlin while investigating Weiner. When they realized what sort of person the #emoprogs were funding he became a story in his own right. At which time he decided to make anyone who mentioned him *very* sorry they'd ever heard of him, and Walker got pulled into it from a chance dealing with one of them.
Posted by: Polliwog, Teahada hobbit at May 29, 2012 10:31 AM (CQ1cz)
Ahhh, the beauty of the American justice system... Easily half the judges in the US need to be shit canned and replaced.
I expect lawyers to be dirty a large % of the time because they have a profit motive pushing them to win at all costs. But judges should be above this. I don't expect Solomon-like wisdom, but we can certainly do without so many outright fools, and Leftist ideologues.
Posted by: Reactionary at May 29, 2012 10:32 AM (xUM1Q)
This on more problem representing yourself , you know "too much" about the case to accept the Kafka-escue process.
It's not so much about justice as it is about the process. Process uber alles.
****
Right. First you need to knwo the infield fly rule before you can play baseball with the big boys.
Posted by: WalrusRex at May 29, 2012 10:32 AM (jUZRg)
what about the earlier order that Aaron had won, ( spoken of by another commenter)? is that deleted?
****
I don't know. One hopes that time will clarify the issues.
Posted by: WalrusRex at May 29, 2012 10:33 AM (jUZRg)
"According to that account, early on AW made a big point [...]"
I think I was mistaken about this (and corrected myself quickly on this). Aaron is probably extremely frustrated, and he's not a trial lawyer. He badly needed a lawyer at his side.
Imagine facing someone like Brett who has gotten your wife fired, you fired, and tried to frame you, and having to behave yourself perfectly. It's a challenge and I know some here could probably handle it, but I couldn't and I guess Aaron may have fallen short too. It's a shame. Aaron needs a lawyer and I think we need to help him get one.
Posted by: Dustin at May 29, 2012 10:33 AM (z36s0)
I hear that, but in the end he might end up paying more if he had just gotten an attorney in the first place. Hey bottom line, if your gonna get into a pissing match with someone, you better have the tools to win
Posted by: Nevergiveup at May 29, 2012 01:39 PM (05RcU)
We cannot match the megaphone of the MFM, but we should try nevertheless. In the meantime, we can develop our own tools, since we don't have access to theirs. BK represented himself did he not?
Posted by: DiogenesLamp at May 29, 2012 10:38 AM (IEUSX)
Posted by: Y-not despises the SCOAMF at May 29, 2012 10:38 AM (5H6zj)
Which is under appeal now.
The judge in the final peace order hearing ruled that Aaron's behavior in blogging about Brett was not harassment, as Brett did not have to read it.
Aaron brought a good trial lawyer to that one, though, so things played out differently.
Posted by: Dustin at May 29, 2012 10:39 AM (z36s0)
Posted by: Nevergiveup at May 29, 2012 10:40 AM (05RcU)
Posted by: Dustin at May 29, 2012 02:33 PM (z36s0)
I think few people could handle it. But most are surprised as we knew Aaron is a lawyer and should know about the game better than the rest of us.
Posted by: Temper Tantrum at May 29, 2012 10:40 AM (AWmfW)
It is not about this one. This one was filed very soon after Aaron won the last one. And if Aaron ever somehow gets this one fixed, another will be filed quickly after. Forever.
Posted by: Dustin at May 29, 2012 10:40 AM (z36s0)
Posted by: Temper Tantrum"
Yeah, he knew better than to go into this without a lawyer, but he's just too close to this to understand. He knows he's right at a moral level.
And he's not a trial lawyer. He works on stuff like health information privacy and contracts. If anything, his law degree is a burden as he didn't respect his own limitations and the court threw in his face that he is a lawyer.
Posted by: Dustin at May 29, 2012 10:42 AM (z36s0)
Posted by: Bitter Clinger and all that at May 29, 2012 10:43 AM (CP+yl)
Posted by: Christopher Taylor at May 29, 2012 10:44 AM (r4wIV)
Posted by: Dustin at May 29, 2012 10:44 AM (z36s0)
Posted by: Dustin at May 29, 2012 02:44 PM (z36s0)
Yes , this isn't just about Aaron.
Posted by: Temper Tantrum at May 29, 2012 10:47 AM (AWmfW)
Posted by: thunderb at May 29, 2012 10:50 AM (Dnbau)
You'd be surprised. Brett has filed a large number of repetitive legal actions.
The court doesn't seem to take that into account. Maybe they would at some point? I have no faith in these guys to do their jobs.
Posted by: Dustin at May 29, 2012 10:50 AM (z36s0)
Thanks. He just seems like very small fries to me. I'm not saying we "can't chew gum and walk at the same time" but if we're going to fight a battle, there should be some benefit to it. I just don't see what we stood to gain by focusing on Kimberlin for even a second. Leftist scumbag, sure, but it's not like we're in short supply of those, and we can find some who are less likely to react insanely.
It's like the Battle of Palau (sorry, reading a great book on MacArthur, who criticized fighting there): why are we fighting for this particular island when we could have bypassed it? I know nobody wants to say this was our mistake, especially since morally and legally we're in the right, but tactically, this looks like a mistake to me. But that's my two cents, and as Mætenloch, maybe he was going to bring the fight to us no matter what? I think Patterico's (the blog) focus on Kimberlin put him in a better position to do that, though.
Posted by: Aaron at May 29, 2012 10:53 AM (Tlix5)
Posted by: Cicero at May 29, 2012 01:52 PM (QKKT0)
I just read an account from someone who was there. Apparently Walker had a problem common to many lawyers. He liked the sound of his own voice too much.
Not sure this was decided wrongly based on what was presented.
Posted by: DiogenesLamp at May 29, 2012 10:53 AM (IEUSX)
Posted by: Cobalt Shiva at May 29, 2012 10:56 AM (1iauC)
Protective orders and debt suits can be wringing. Many wind up being forced to represent themselves due to lack of finances or fail to show up for the hearings and have default judgments entered against them.
They then defy the court and lawfully mandated requests by the plaintiff feeling that since they didn't do anything wrong their rights can't be violated. But that's wrong because the court has made a legal judgment and you either comply, appeal or go to jail. If a person can get a judge to issue an order then one has to obey it under penalty of prison. Regardless of the stature/status of the plaintiff and his case. It's a winner take all sort of thing once the judgement of who's at fault has been made.
Never let a civil suit be won by default. Even if the facts are correct at least put in an appearance. Sometimes even the fact that you will appear for the hearing will put the plaintiff's off so that they will withdraw the complaint.
The law can look very bad to an outsider who is not familiar with it's workings. Keep in mind the law is not there to provide justice or to be fair. The law is to provide process and mete out judgments dictated by laws written by elected officers of the State. The law is to provide everyone the opportunity for redress of grievance not to guarantee outcomes.
Posted by: Bitter Clinger and all that at May 29, 2012 10:56 AM (CP+yl)
Posted by: Meerkat Manor at May 29, 2012 10:57 AM (Iq9Ow)
Not sure this was decided wrongly based on what was presented.
Posted by: DiogenesLamp at May 29, 2012 02:53 PM (IEUSX)
I see it more like he was too emotionally invested to make the right tactical decision. He's morally right , but that's not how the process works.
Posted by: Temper Tantrum at May 29, 2012 10:57 AM (AWmfW)
Posted by: George at May 29, 2012 10:57 AM (1+zuG)
Oh, they're doing their jobs just fine. The question is who are they really working for.
Posted by: Purp (@PurpAv) at May 29, 2012 10:59 AM (2jktF)
Victory through attrition, bro. Take out bloggers, one by one, setting up a narrative, and discrediting as many as possible. The left knows that the right wing isn't shackled by the MSM anymore. So, they are bringing the fight to the alternative media, which just happens to be people who aren't multi-billion dollar corporations.
They are taking out the baseline, the legs, the foundation, and attempting to frighten every last little guy out there into shutting up.
I, for one, don't think that ANYONE is worth sacrificing to the wolves just to maintain a mythical big picture. THIS is the fight and it always has been. It starts in the mud and goes all the way to the top. And quite frankly, if we can't be bothered to stand up for the rights of our countrymen, and insist on cleaning up corruption in the legal system, this country isn't worth saving from Obama.
Posted by: grognard at May 29, 2012 11:00 AM (NS2Mo)
Posted by: Purp (@PurpAv) at May 29, 2012 02:59 PM (2jktF)
Bingo.
Posted by: Temper Tantrum at May 29, 2012 11:00 AM (AWmfW)
This should become a test case for freedom of speech.
If it reached the Supremes, it would be a 9-0 case.
Make no mistake, this judge is out of bounds.
Posted by: Test Case at May 29, 2012 11:02 AM (yuWLN)
Posted by: alexthechick at May 29, 2012 02:10 PM (VtjlW)
The legal system didn't quite make the transition from Monarchy when the Rest of our nation did. Ever wonder why a Citizen of the United States should have to "Plead" in court?
Posted by: DiogenesLamp at May 29, 2012 11:03 AM (IEUSX)
They are taking out the baseline, the legs, the foundation, and attempting to frighten every last little guy out there into shutting up.
I, for one, don't think that ANYONE is worth sacrificing to the wolves just to maintain a mythical big picture. THIS is the fight and it always has been. It starts in the mud and goes all the way to the top. And quite frankly, if we can't be bothered to stand up for the rights of our countrymen, and insist on cleaning up corruption in the legal system, this country isn't worth saving from Obama.
Posted by: grognard at May 29, 2012 03:00 PM (NS2Mo)
This is what it's all about.
Posted by: Temper Tantrum at May 29, 2012 11:04 AM (AWmfW)
Funny, this is exactly what Kimberlin warned Patterico. What do we gain? Just ignore Kimberlin.
"I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money and for what."
Direct quote, but I never learned how to hyperlink here properly so you'll have to google it.
Posted by: Dustin at May 29, 2012 11:06 AM (z36s0)
It's not so much about justice as it is about the process. Process uber alles.
Posted by: Temper Tantrum at May 29, 2012 02:23 PM (AWmfW)
And here is the gist of it I think. I have long denounced the existence of "process nazis" in our court, but let's face it. Our courts ARE more concerned with the process than they are with successful results.
Posted by: DiogenesLamp at May 29, 2012 11:07 AM (IEUSX)
If that's not what a blogger is doing, then I think the 'for what?' question applies really well.
Posted by: Dustin at May 29, 2012 11:08 AM (z36s0)
"I, for one, don't think that ANYONE is worth sacrificing to the wolves just to maintain a mythical big picture. THIS is the fight and it always has been. It starts in the mud and goes all the way to the top. And quite frankly, if we can't be bothered to stand up for the rights of our countrymen, and insist on cleaning up corruption in the legal system, this country isn't worth saving from Obama."
This x eleventy! This is an attempt to thwart the rise of "new media" and
silence *everyone* who dissents. If the #emoprogs are allowed to succeed here Walker will only be the first. He is meant to be a warning to *all* small fries what can happen if you cross the "wrong" person and if we remain silent we become complicit in our own doom.
That sounds a little more dramatic than I was trying for, but I don't know how else to put it.
Posted by: Polliwog, Teahada hobbit at May 29, 2012 11:10 AM (CQ1cz)
I hear what you're saying but we really don't know the facts behind all those other cases. I'm referring to the situation if BK continues to file against Aaron.
BK faces a situation of diminishing returns here. The more cases he files the more his real goals become revealed. He has relied on the cases being separated by time, jurisdiction, court and judge. If he begins a pattern of behavior that is discernible (and granted there's no way to know what the threshold would be) to the current judge then he will find himself meeting resistance.
Judges will not try to second guess another judges decision unless that's the point of the case before them. Entering objections to a peace order because other peace orders have been granted or not have no bearing unless it can be shown that they fit a pattern of harassment and have been successful due to false testimony.
From what I've read, this hasn't been done yet. The cases are spread about and at differing times and for differing reasons. A judge will not deny an order that appears reasonable just because someone has been shown to be litigious. False testimony will go right to the judges heart. It's the foundation of the law. Proof is difficult to gather and expensive.
BK's past crimes aren't of legal bearing unless proven to be so. Aaron may not be the one to finally tip the scales but at least now BK's reputation and past have now come under scrutiny. I think we'll find that for all the bluster, he'll either decide on his own or be advised to back off for a while as the spotlight isn't worth the targets being nullified.
Posted by: Bitter Clinger and all that at May 29, 2012 11:11 AM (CP+yl)
The only way they really apply is that Brett doesn't think we can talk about them. If you tell the truth about a convicted bomber, that it's the truth is relevant. And of course, if you challenge the claims of a convicted perjurer, that's pretty relevant.
Posted by: Dustin at May 29, 2012 11:14 AM (z36s0)
Posted by: Aaron at May 29, 2012 02:53 PM (Tlix5)
The other part of this is that yes, this may be a "squirrel" but we *can't* ignore every one. I'm convinced that Martin/Zimmerman was a "squirrel", at least at some level, but were we to let a man be killed because his was a "squirrel" situation? The left *knows* we are wired to protect and yes, they'll use that against us, but sometimes you have to accept that you have chinks that can be exploited but are integral to the design.
Posted by: Polliwog, Teahada hobbit at May 29, 2012 11:15 AM (CQ1cz)
I see it more like he was too emotionally invested to make the right tactical decision. He's morally right , but that's not how the process works.
Posted by: Temper Tantrum at May 29, 2012 02:57 PM (AWmfW)
It reminds me of one of the so-called greatest put downs in legal history. A Judge notices a lawyer is fuming and the judge asks him "Sir, are you trying to show contempt for this court? " No your Honor. " He replies. " I'm doing my best to conceal it. "
Posted by: DiogenesLamp at May 29, 2012 11:15 AM (IEUSX)
Posted by: Bitter Clinger and all that at May 29, 2012 11:19 AM (CP+yl)
Posted by: Merovign, Dark Lord of the Sith at May 29, 2012 11:19 AM (bxiXv)
Posted by: Bitter Clinger and all that at May 29, 2012 11:21 AM (CP+yl)
Posted by: Lawyers Inc. at May 29, 2012 11:24 AM (wFSX3)
Ego got in the way of intellect here. It's too bad. Too damn bad for all of us.
Posted by: deafjustice at May 29, 2012 11:34 AM (lHn6+)
Posted by: Coward Robert Ford at May 29, 2012 11:57 AM (4BzOb)
I get the feeling some of these bloggers are covering up some stuff that doesn't show them in a good light. This judge seemed sharp to me. And don't give me this stuff he does't know anything about twitter, etc, not relavant.
Posted by: Coward Robert Ford at May 29, 2012 12:01 PM (4BzOb)
Perhaps you missed that Aaron Walker is a practicing lawyer.
And on a side note, while I don't practice trial court law, if I find you as my adversary sometime (unlikely), I'll happily take your money with that attitude. That whole "Rule of Law" thingy we like so much here in the United States isn't exactly painting by the numbers. If you think it is and actually buy into the sadly misguided stuff you wrote there, I would strongly suggest you pick up any book by William Blackstone and read it from cover to cover.
Are there rats in the legal profession and politics? Absolutely. Same as in every other aspect of life. There are also quality lawyers out there who will save your ass when you're absolutely dead-to-rights guilty of whatever you've been accused of doing. Have fun shitting on lawyers in public buddy. It'll serve you well someday.....
Posted by: Wut at May 29, 2012 12:16 PM (lHn6+)
Posted by: California at May 29, 2012 12:16 PM (5bM5x)
Coward Robert Ford at May 29, 2012 04:01 PM (4BzOb)
Posted by: A suddenly bitter and cynical Adriane at May 29, 2012 12:20 PM (NgwbY)
Posted by: Merovign, Dark Lord of the Sith at May 29, 2012 12:24 PM (bxiXv)
Why doesn't Walker/Worthing and all others harrassed file Peace Orders against Kimberlin?
Posted by: phxjay at May 29, 2012 12:24 PM (giVWr)
"Perhaps you missed that Aaron Walker is a practicing lawyer. "
Seems he needs a little more practice.
Posted by: DensityDuck at May 29, 2012 12:40 PM (kZVsz)
Posted by: Merovign, Dark Lord of the Sith at May 29, 2012 12:44 PM (bxiXv)
There will be a reckoning.
Posted by: DaveA at May 29, 2012 12:56 PM (NqmTy)
Posted by: Louis Winthorpe III at May 29, 2012 01:21 PM (KhioZ)
Kimberlin gamed the system again. Not only did he get his Peace Order confirmed, but late last week he moved to get another warrant issued so that he could get Walker arrested today.
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, over the weekend, so no one would know. No doubt he informed the sheriff that
Walker would be in court today.
WalkerÂ’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.
Posted by: novaculus at May 29, 2012 01:21 PM (Pk7nY)
Posted by: Riddick at May 29, 2012 01:28 PM (KhioZ)
After all these people and their families have been through, harassment, losing jobs, homes, savings .... it's a wonder that they are even able to be coherent, let alone appear in court, blog, etc.
Posted by: Carolyn at May 29, 2012 01:34 PM (9h1Fe)
Posted by: Coward Robert Ford at May 29, 2012 02:20 PM (4BzOb)
If what Mervign, DLOTS said is true, then Walker got arrested because of his presence in court, so the Judge had actual personal jurisidiction and could enforce a warrant directly.
As for Walker being a lawyer, I would say that since he is reported to have worked on stuff like health information privacy and contracts, he likely had zero court experience, and his malpractice insurance, in the words of an office lawyer I met, "merely require that he know where the court houses were so that he not accidentally stumble into one." Unless he sat for and passed the bar, he is not an attorney and cannot "attorn" for someone. Interrupting the judge, or "stepping on teh judge", is bad, as they are even more enamored of the sound of their voices than the lawyers.
If Kimberlin really is making a pattern and practice of using the courts to silence political speech, this publicity will only work to his disadvantage, as his pattern and practice are revealed and marshalled against him.
Posted by: Windy Wilson at May 29, 2012 02:30 PM (MSc/n)
Posted by: Coward Robert Ford at May 29, 2012 06:20 PM
Posted by: dowd i. fied at May 29, 2012 02:53 PM (nrW1y)
Posted by: sonnyspats at May 29, 2012 06:35 PM (kRIyO)
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Posted by: someguy at May 29, 2012 09:03 AM (sEXZ/)