1 That's a big tweeting deal!

2 [Facepalm] This thing is a clusterfarg from A to Z.

3 Interwebs...how do they work?!

4 This is why you don't go to court  without a lawyer.

5 Mistake of fact (lots of facts, in fact) by the judge should be grounds for an immediate motion for reconsideration, or whatever the criminal version of that is.

6 Barack Obama is a stuttering clusterf*ck of a miserable tyrant.

7 Via FilmLadd More proof that Ace doesn't read his own comment section. If you don't twit, you ain't shit.

8 Link is bombing...keep trying.

9 There really are two distinct issues here:

1.) Whether the judge was correct in granting the Peace Order.  Obviously we know he wasn't, but given the evidence actually before the court, and the apparently pisspoor (according to the linked account) way Walker put on evidence against Kimberlin, it doesn't surprise me at all that the judge granted the Order.  Remember, the standard here is pretty lenient.  Which is unfortunately why it's so easy to abuse Peace Orders in MD.  From one who's seen it happen.

2.) Walker getting arrested for contempt.  That one is -- and I know this makes me an unpopular guy to say it -- 100% completely his fault, and I find myself having almost no sympathy.  This ain't a joke, this is COURT.  Don't fucking piss off a judge, especially if you're a lawyer who just boasted about his Yale credentials and therefore should know better.  What, you don't think Kimberlin understood his opponent had a bad temper and used it against him?  I wouldn't doubt it for a second.

10

#4- I think Aaron is a lawyer, but I agree its good to have another with to get between you and the judge if things start to go sideways, which they obviously did here.

 

11 Sixteenth!!!

12 Yeah, well: a lot of people don't get it.

I'm still on the idea that Mr. Walker should have had an attorney, he had retained one previously, so why not now?

13 <i>Mistake of fact (lots of facts, in fact) by the judge should be grounds for an immediate motion for reconsideration, or whatever the criminal version of that is.

Posted by: LASue at May 29, 2012 02:22 PM (pWeX5)</i>

+1 common sense

14 I've sentenced boys who knew more about intertubing than you to the gas chambers. Felt like I owed it to them.

15 Bottom line, the official politics and culture of this country is Hard LEFT. That is the law, the facts, and the culture. The legal system is stacked against anyone who is not hard left, and favors anyone who is. That is the way it is.

That is why it is vital to go after the ... MONEY on the Left. There needs to be a class action suit against Kimberlin AND the guys (including Soros) backing him in a corrupt and RICO like partnership of the government, judges, and the like.

This judge needs his finances exposed and investigated. Has he got corrupt deals with Kimberlin? With Kimberlin's backers? Charges must and should be brought before Ethics committees to make an example.  If this precedent is allowed to stand then there is no freedom of speech, just a brutal hard-left rule and we are screwed.

16 Quoting: "This is why you don't go to court without a lawyer."

Many years ago, I earned a few college credits while studying to be a paralegal, but then I realized that lawyers would be my bosses.  So I quit.  I can't stand the profession, but you can bet I will have one standing next to me if called to trial!

17 I'll say it again: anyone who's read Aaron's complete novel-length diary on this stuff knows that he shouldn't have ever represented himself.  Why he then went and did it again is beyond me.

18 Yeah, this clears things up.

19

2.) Walker getting arrested for contempt. That one is -- and I know this makes me an unpopular guy to say it -- 100% completely his fault, and I find myself having almost no sympathy. This ain't a joke, this is COURT. Don't fucking piss off a judge, especially if you're a lawyer who just boasted about his Yale credentials and therefore should know better. What, you don't think Kimberlin understood his opponent had a bad temper and used it against him? I wouldn't doubt it for a second.

 

---------

 

Maybe you can show me a link that says Walker got arrested for contempt by acting out of line in court. I haven't seen one.

20 <i>Bottom line, the official politics and culture of this country is Hard LEFT.</i>

When did the left become so anti-First-Amendment? Oh, right, after Bush left office.

21 I know, I know it's an old chestnut, but "Someone representing themselves in court has a fool for a client."

22

I'll say it again: anyone who's read Aaron's complete novel-length diary on this stuff knows that he shouldn't have ever represented himself. Why he then went and did it again is beyond me.

 

---------

 

What the hell does this have to do with anything. People missing the forest for the trees here. The Protective Order was a joke and any competent judge would have never issued one.

23 >>>Bottom line, the official politics and culture of this country is Hard LEFT. That is the law, the facts, and the culture. The legal system is stacked against anyone who is not hard left, and favors anyone who is. That is the way it is.

That is why it is vital to go after the ... MONEY on the Left. There needs to be a class action suit against Kimberlin AND the guys (including Soros) backing him in a corrupt and RICO like partnership of the government, judges, and the like.

This judge needs his finances exposed and investigated. Has he got corrupt deals with Kimberlin? With Kimberlin's backers? Charges must and should be brought before Ethics committees to make an example. If this precedent is allowed to stand then there is no freedom of speech, just a brutal hard-left rule and we are screwed.

Stupid, and wrong.  We have several lawyers on this blog and the comment section, including Ace and Gabe Malor.  Ask any one of them what their professional opinion -- as opposed to their emotional one -- is about this situation, and prepare to be surprised.

24 There is a huge problem with judges making decisions about issues they clearly don't understand, especially since our courts seem to think that they have jurisdiction over everything.

This is what our crappy law schools and the large percentage of crappy students they accept (for "diversity") have wrought.

But, no one can really complain anymore since it is now an official part of American jurisprudential tradition and accepted orthodoxy that empathy is a legitimate main characteristic of a judge or decision.

25 When did the left become so anti-First-Amendment? Oh, right, after Bush left office.

Don't kid yourself, they were always anti-Fist-Amendment.  They just had to pretend not to be while Bush was President, so that they could claim he was.

26 ALERT

The clown now is planting his own address in Mypetjawa comment section on the
"Blogger Arrested for ... Blogging?"

Undoubtedly, wanting to claim that Rusty's post is causing someone to "threaten him"

27 Am I doing this right?

This is my 1st time on tweeter.

28 So the plan now is to rip Walker apart because he, under financial distress, opted to represent himself? Is that really the new focus?

Circular firing squad... please report to the firing range.

29 My grandfather couldn't even stop his VCR clock from blinking '12:00.'

30 Stupid qyluestion, but I'll ask anyway: Has Rush or Drudge come out of their holes to mention this yet?

31 >>>Maybe you can show me a link that says Walker got arrested for contempt by acting out of line in court. I haven't seen one.

Try the link in Ace's post.

There's literally no other reason Walker/Worthing would have had the cuffs put on him. 

32 Recall that both Aaron and his wife are now both unemployed (thanks to Kimberlin) so hiring an attorney might have been a major financial strain.

That said it would have gone a lot better for him if he had.

33

head/desk ad infinitum  

 

This is of a piece, however, with BK's attempt to claim that causing an email alert to be sent to him is harassment.  IIRC, that was one of his arguments, if he set up a google alert or whatever for his name, then it was harassment to post something with his name because that would cause the alert to be sent.  I must say, there's part of me that admires the sheer ballsiness of such a statement. 

 

Don't fucking piss off a judge,

 

I am not kidding about the Rule Number One thing. When I was teaching legal research, I began every class with "Class, what is Rule Number one?" and the class responded "Never tick off the judge". I always said that if I taught them nothing else, at least I hoped they would retain that.  (There was one time when only two students showed up to class and when I asked the question I got the lamentations of the women response.  I laughed so hard I nearly fell over.)

 

 

34 If the judge rules that the sun is up, the law will go about its business in the dark insisting that it is light.

35 Ali A. Akbar ‏@ali

#BrettKimberlin is planning on serving at least 5 of us in the coming days. So his allies say. Ready.

36 Obama is a stuttering clusterf*ck of a miserable failure.

37
Good afternoon, this is the Online Critics and Free Advice Center, Joseph speaking, how may I help you, today?

38

Try the link in Ace's post.

There's literally no other reason Walker/Worthing would have had the cuffs put on him.

--------

 

How about violating the peace order. Which seem to be what the links are tweets are hinting at.

39 Okay - I think I will stay quiet on this topic until better information comes out.  I don't want to go all Martin/Zimmerman like the MFM - after all, I'm still somewhat credible.

40 I don't want to live on this planet anymore.

41 There's literally no other reason Walker/Worthing would have had the cuffs put on him.

Posted by: Jeff B. at May 29, 2012 02:30 PM (KVOrU)

Yep it seems likely that it was contempt that got Worthing arrested. Although it's unclear from the account whether the judge also found him in violation of the peace order too.

42 STFU they are too tubes

43

#9

 

I will comment on this one - one reason you get a lawyer is because the lawyer isn't emotionally wrapped up in the matter, unlike the client.

44

So the plan now is to rip Walker apart because he, under financial distress, opted to represent himself? Is that really the new focus?

Circular firing squad... please report to the firing range.

 

---------

 

You bet! All of the geniuses here have decided that this is the correct response to the situation. Blame that victim!

45 I know that representing oneself is always a bad idea. However I think it possible from everything I've read that Aaron either didn't want to put another person in front of BK, or the person who was representing him got scared off.

46 #BrettKimberlin is planning on serving at least 5 of us in the coming days. So his allies say. Ready. This is something you folks need to note: Kimberlin does not work directly. He has circles of minions that allegedly act on his behalf. Fuming that Kimberlin allegedly SWATted various people is useless because (without evidence to the contrary) he didn't, but SOMEONE did, possibly one of the little unknowns in his sphere, on his behalf. Screaming 'he did this!' is not going to convince a judge because his hands are conspicu

47 --ously clean.

48 How about violating the peace order. Which seem to be what the links are tweets are hinting at.

Except the Peace Order wasn't in effect until the hearing, was it?  The link (not Film Ladd) seems to suggest that, except for losing the judgement, everything was hunky-dory when he left.  Which indicates a contempt charge, not a violation of the Peace Order.

49 I think its fair to say --- we are all off our game today.

50 Don't kid yourself, they were always anti-Fist-Amendment. They just had to pretend not to be while Bush was President, so that they could claim he was.

Posted by: AllenG (Dedicated Tenther) Channelling Breitbart at May 29, 2012 02:29 PM (8y9MW)

My mistake. I'm still a young-blood in politics. All I know about politics from before Dubya involves cigars.

51 I understand that Worthing screwed up on many levels.He probably is not in the best state of mind due to the stress he has been under.

52 If the arrest was for violating the Peace Order by tweeting Kimberlin directly... this begs the question... Which twitter account was Kimberlin's?

53 Game over. Wormer dropped the big one. Watch, a lot of blogs will just end soon. Fold up and leave town.

54 Worthing's self-representation is a non-issue.  Yes, he should have known better.  But the guy's life is being picked apart by a well-funded convicted terrorist.  Yammering about "unforced errors" is following precisely the script the Alinskyite Left wants us to follow: "Make the other side live up to their own rules." 

In other words, by calling out Worthing for his missteps we are participating in his delegitimization/marginalization which is precisely what Kimberlin is trying to achieve.  If you prick a guy enough times, he's eventually going to take a swat.  We don't need to jump on Worthing for that.

55 Last portion of the trial, once the Judge decided heÂ’d heard enough, came when Walker was asked, repeatedly, when does this all end? Judge cited his own upbringing in Brooklyn, where when guys had disagreements like these two did, somebodyÂ’d get picked up in a truck and theyÂ’d go have it out near the East River or words to that effect. I posted this on Ace's hey write your Congressman thread. Laws will not contain anyone, they will not make anyone whole, judges need not follow the law they can do whatever the Hell they want. As I recall, bombing people is against the law. Only "direct action" as the community organizers call it (actually they define it about the same way that Special Operations folks do) will resolve this.

56 45 I know that representing oneself is always a bad idea. However I think it possible from everything I've read that Aaron either didn't want to put another person in front of BK, or the person who was representing him got scared off.

Posted by: citizen khan at May 29, 2012 02:36 PM (w/uCE)

That's a good point - the only reason that Worthing got on Kimberlin's radar screen in the first place is because he offered some legal advice to another one of Kimberlin's victims, Seth Allen. I can totally understand other attorneys not wanting to put a target on themselves in teh same way.

57 Call Center in India: "Good afternoon, this is the Online Critics and Free Advice Center, Joseph speaking, how may I help you, today?"

Hey, waitaminute. Didn't you just screw me over when I just called about my Symantec AV scanner wiping out my system? That advice turned into an "incident" that cost me a small fortune.

58 So the plan now is to rip Walker apart because he, under financial distress, opted to represent himself? Is that really the new focus?Circular firing squad... please report to the firing range.
---------
You bet! All of the geniuses here have decided that this is the correct response to the situation. Blame that victim!

Actually, this is almost exactly not it.  We think (at least, the consensus seems to be) that upholding the Peace Order was a miscarriage of justice.  However, it appears relatively clear that the arrest was due to a contempt charge (I say "relatively" because I don't see how the Peace Order would have been active, yet, and it's in keeping with the Judge getting more and more frustrated/angry at Mr. Walker).  On that, yes, we're "blaming the victim," because the damage was self-inflicted, and he should have known better.

59

I can't get the 2nd link to work but here is a quote from the FilmLadd link

 

"Stacy McCain is reporting that Walker has been put into custody for violating a frivolous peace order filed against him by Kimberlin."

 

And this seems to be the way Malkin's "Twitchy" website is reporting it with all of the updates from various twitter feeds.

60 Okay, here's the bit from ace's link about the peace order. Hard to believe but the judge upheld it:




Then the Judge ruled. He upheld the Peace Order, and he further stated that Walker was in no way allowed to harm Kimberlin–and by harm or contact the Judge sending blog posts or tweets. The latter was justified, in the Judge’s opinion, on Walker’s supposed “mob” having issued “death threats” to Kimberlin.

61

Based on the "eyewitness account" it is unclear if Walker was arrested for contempt or violating the order.

Though the order was already in place at the time of the hearing.

62 OK, you lawyers, especially familiar with the Maryland procedure...why can't someone file an amicus brief to educate this judge? He is obviously unaware of how Twitter works, and his ignorance is causing problems for AW.

63

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 doesnÂ’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 donÂ’t believe thatÂ’s the case at all. At any rate, under this approach George Zimmerman ought to be able to jail any number of journalists.

64 So, I'm going to condense what we know so far: Nothin'.

65

Posted by: JeremiadBullfrog at May 29, 2012 02:39 PM (Nsl16)

Aaron needed but more importantly NEEDS counsel.   Contribute as you can.

66 Crap. Off sock.

67 Maybe we could get Dershowitz interested in all this: Worthing's case & SWATing/lawfare to silence dissent. After all, he's been all over the Zimmerman situation.

68 >>> "This is why you don't go to court without a lawyer." There's Sarah again with dem smart comments.

69
I get paid 3 rupees a day, live in a hut, and poop in a bucket.

And you think I know anything about computers?

70 OK, you lawyers, especially familiar with the Maryland procedure...why can't someone file an amicus brief to educate this judge? He is obviously unaware of how Twitter works, and his ignorance is causing problems for AW.

Amicus briefs are only filed in courts of appeal, and only with the court's permission.  A third party who files a brief in a civil or criminal contempt matter, is known by the legal term, "Fucking doofus."

71 Love the pic of the donkey on that page.

THAT should be the Democrat symbol.

72 Stupid, and wrong. We have several lawyers on this blog and the comment section, including Ace and Gabe Malor. Ask any one of them what their professional opinion -- as opposed to their emotional one -- is about this situation, and prepare to be surprised.****

I have not been impressed with the level of legal acuity expressed on the blog.  YM obviously V.

73 67 I'm not sure Dersh's opinion would be amenable. He might tend to defend Kimberlin's right to sue. FB below $29.

74 This judge should not be allowed anywhere near a courtroom. And, he admits as much upfront. No doubt Soros & Co. paid for him to be the one overseeing this case. This was too serious a case to allow an old senile twit deciding on the bench.

75 On that, yes, we're "blaming the victim," because the damage was self-inflicted, and he should have known better.
Posted by: AllenG (Dedicated Tenther) Channelling Breitbart


Walker was brought into this because he was a lawyer and he gave advice to another blogger, who had become a target. Walker's original lawyer, a liberal I believe, than came under attack. Walker and his wife lost their jobs, and income, due to harassment. Would you represent them  for free under those circumstances? Stop blaming the victim in this case.

76 AllenG: "...However, it appears relatively clear that the arrest was due to a contempt charge"

Actually it doesn't appear clear of that at all. Would it not be pretty clear that the judge announced a "contempt" citation in session? How would you miss that in Court as an observer?

Right now we're collectively jumping the gun and trying to fill gaps with speculation. Let's stop that and let's not blame the victim until it's factually proven that he's blameable.., and even then let's not focus on that as it's an ancillary sidenote to the MAJOR HORROR ISSUE at hand.

77 The Tubes are playing Branson, Mo. June 8,9,10 2012!  Talk to ya later! - Fee

78 I've been lost in the tubes for years now. The odor is horrifying. And I always obey the spped limit when driving in MD.

79 If the arrest was for violating the Peace Order by tweeting Kimberlin directly" I think you misunderstand Twitter. You CAN "DM" or Direct Message someone, which is sending them a private message. This is what Anthony Weiner *meant* to do when he inadvertently tweeted a photo of his erect if lightly-shielded Johnson to the world. But DMing not what the judge is referring to. That would be a clear and bona fide violation of the Peace Order. What the judge is talking about is using a Twitter hashtag, something like #BrettKimberlin, within some of Aaron's public tweets. These hashtags allow those who are following a particular story or interest to see the tweets of others who are as well. It's very similar to tags you've probably seen on blogs, such as "recipes" or "elections" or whatever. They serve as helpful ad hoc categories. So that's what Aaron was accused of doing in that respect: the judge took that to be contacting Kimberlin, which is a pretty big stretch.

80
Alan Dershowitz is an appeals attorney.

He specializes in taking cases after the defendant loses. if/When Zimmerman is convicted of 2nd degree murder, Dershowitz might take his case. Until then...

81

74 -

 

Too serious a case?  An order of protection case?  Seriously?

 

I never heard of Kimberlin before last week, and I've never read a word of Walker's.  You could easily say I'm sympathetic to Walker's plight and presumably his point of view, but what I'm seeing here is that he hasn't handled this well.  Maybe with good reason, but inventing conspiracy theories as to how he "lost" his order of protection case, in spite of being a Yale trained lawyer(!!) is fairly easy to understand.  You don't have to be a Yale trained lawyer to figure it out even. 

82 So, if instead of "Brett Kimberlin," Aaron were to blog about "a certain convicted domestic terrorist and left-wing activist"... would that violate the peace order?

83 "Posted by: BurtTC at May 29, 2012 02:53 PM (TOk1P)" The implications of this case go way beyond your simplification. In case you haven't noticed, bloggers are being attacked from all sides, including the current administration.

84 Still.. no matter how techno illiterate the judge was, if Aaron had an attorney the issue probably would've been clarified. If someone was representing him or her self, and they pointed out the stupidity of this obvious error to the judge in a less than fully respectful way, well, bad things could happen to good people.

85

Mark my words..... this will not end well.

86 I have not been impressed with the level of legal acuity expressed on the blog. YM obviously V.Posted by: Kerry

I'm sure Ace is devastated by that.

87

So Walker is a Yale-trained lawyer and is in financial straits?  Must not be a very good one.

Oh, wait, he represented himself in court and pissed off the judge?  I take it back, he's a f$#%ing genius.

Face it, he screwed the pooch.

88

So Walker is a Yale-trained lawyer and is in financial straits? Must not be a very good one.
Oh, wait, he represented himself in court and pissed off the judge? I take it back, he's a f$#%ing genius.
Face it, he screwed the pooch.

 

------------

 

K. He screwed the pooch. Long live Brett Kimberlin!

89 32 Recall that both Aaron and his wife are now both unemployed (thanks to Kimberlin) so hiring an attorney might have been a major financial strain.

That said it would have gone a lot better for him if he had.

Ah, the protection racket argument. You'd think the robed aristocracy would have a little sympathy for little citizens, poor and unconnected.

But, no, we must pay tribute to our masters.

90 @87: "Face it, he screwed the pooch."

Ah, so if our guys don't act perfect 100% of the time when under major pressure and financial duress, we can throw them under the bus and feel smug in our superior intellects and wills.

Saul Alinsky would be proud.

91 82 So, if instead of "Brett Kimberlin," Aaron were to blog about "a certain convicted domestic terrorist and left-wing activist"... would that violate the peace order?

I think that euphemisms could be used, provided they weren't obvious.

The one you listed?  Usable.  "The Speedway shithead", though?  Not so much."

92 I'm not going to jump ugly on Mr. Walker, but if I was in his shoes I would have tried to find someone to represent me.  I'm sure he's stressed out, anxious, tired, and angry, and all rightfully so from what I can tell.  Representing yourself is typically not a good idea, even under ideal circumstances.  That being said, I think this peace order sounds bogus and I doubt a fair result was reached. 

93 Haven't heard the "I'm of the Royal Typewriter Gen." yet. I quit paying respect to anyone who blurts out such stupid statements as "I'm lucky to turn it on hahahaha!" Oh you are are you, well frick off!, is my usual comeback, with my inside voice. Which BTW is probably what Walker should have used. The inside voice.

94 >>>This is why you don't go to court without a lawyer. Yes, but it does seem that the judge was pre-inclined to find him in contempt -- It's my guess he got rattled and irritated because of this. Someone winning doesn't get rattled and irritated. But your point is definitely correct -- he should have had a lawyer. He is too emotionally connected to this. He's been gas-lighted by this guy for a year.

95 Poor preparation leads to poor performance. The right should be as prepared to fight these battles as the left instead of decrying that life, or the judge, is not fair. There are first amendment lawyers. Nearly all are libertarians, some are even conservative. Did Aaron ever contact one?

96 Likewise, Washington DC is the breeding ground for said first amendment lawyers.

97 Like the Walters Law Group, a conservative first amendment specialist boutique law firm in DC?

98 I posted on the last BK thread, seems to be appropriate still:

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.

99 >>> So Walker is a Yale-trained lawyer and is in financial straits? Must not be a very good one. >>> Oh, wait, he represented himself in court and pissed off the judge? I take it back, he's a f$#%ing genius. >>> Face it, he screwed the pooch. I'm not saying you have no points. Aaron seems nice enough, but doesn't strike me as a *great* thinker by any means, and I've read several of his posts at Patterico's and eventually skipped over a much larger number. If you go to Worth's site, you see this text under the header graphic: "Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime." With the SWATting of a DDA plus a CNN contributor and major blogger (and others) and Aaron's arrest today among other things, it probably is becoming a blockbuster story. But it wasn't when Aaron wrote the above text including the ALL CAPS bit. It was a story, but I found "BLOCKBUSTER STORY", referring to his personal run-in with Kimberlin, a little absurd and self-important at the time. However all that may be, I agree with ace when he writes: "Yes, but it does seem that the judge was pre-inclined to find him in contempt -- It's my guess he got rattled and irritated because of this. Someone winning doesn't get rattled and irritated."

100

He was pre fucked when the judge walked in with a fucking onion swinging from his belt.

 

That asshole believes Walker tweeted convicted felon Brett Kimberlin 14,000 times.

101

"Face it, he screwed chewed the pooch."

 

...fix't.

102 *Worthing's

103

Ah, so if our guys don't act perfect 100% of the time when under major pressure and financial duress, we can throw them under the bus and feel smug in our superior intellects and wills.

I think you are mistaking saying "look, it sucks, but judges are thin skinned prima donnas who have the power to make your respect their authoritah" for throwing someone under the bus.  If, and this is still in the realm of if, that's what happened, espececially if he was told to stop talking over the judge and didn't, well, it's not throwing someone under the bus to note that actions have consequences. 

 

Look, it is possible, if not probable, that the judge was a computer illiterate who was not even remotely inclined to listen to someone attempt to explain the intertubes to him and that Aaron screwed up by refusing to obey directions from the bench about not talking over the other party, let alone talking over the court.  Both sides can be in the wrong here.  Unfortunately, one side that's in the wrong happens to have all the power. 

104 Yes but nobody like looking stupid in public. Perhaps if that were pointed out to him by a counsel versed in first amendment law, he would have ruled differently. Pointing out that some one is a stupid asshole rarely wins the argument even if it makes you feel better

105 86 I have not been impressed with the level of legal acuity expressed on the blog. YM obviously V.Posted by: Kerry

I'm sure Ace is devastated by that.

Posted by: weft cut-loop at May 29, 2012 02:56 PM (akXk+)***

Not actually directed at him, but, um, sure.  Whatever.

106 26 ALERT

The clown now is planting his own address in Mypetjawa comment section on the
"Blogger Arrested for ... Blogging?"
Undoubtedly, wanting to claim that Rusty's post is causing someone to "threaten him"

Posted by: J at May 29, 2012 02:30 PM (6kkPP)

Track IP.

107

"a very confused older man thinks that Walker himself tweeted Kimberlin 14,000 times, and that "'He googled you 500,000 times' on the tubes or whatever."

 

None of this would happen if we sent more judges to seminars on how to properly use their iPads and such.

 

At tropical resorts, of  course.

108 This is why the legal profession should be the last people responsible for justice.

We have an emotional judge, proud of his ignorance, and apparently deciding to play law professor with a Yale-trained lawyer.

We have an emotional Yale-trained lawyer who is gobsmacked by the ignorance -- technical and otherwise -- of a judge who decided to teach the lawyer (who represented himself, doesn't he know that doesn't produce billable hours?) a lesson.

Since we have the bigger context, we know what this means for Kimberlin and how absolutely moronic the judge is.

One more thing: If we have to bring judges in from their homes in the Carribean (!), we pay judges waaaaaaaaaay too much. Double the number of them by halving their salaries.

I've said it before: Single-payer for lawyers/judges/law profs.

And specialty judges might be nice too.  Have somebody who understands this newfangled internet thing when he has to rule based on it.

109

We need someone with money, to put a few bucks into a new Media Company, called 'Citizens Press'...

 

Could be funded with donations, but EVERYONE on the right who has a blog, has to have give ONE article to an online 'newspaper', and will be paid ONE dollar a year for that article.

 

This makes them the PROFESSIONAL PRESS, who has more protection than a standared citizen when it comes to speach matters.

 

Thus, a search for info on the Net? is reasearch for an article... and a Tweet?  is using your PROTECTED sources...

 

Sad that this stupid stunt would help in legal matters, but the Courts do not recognize Bloggers are being protected by Freedom of the Press....

110 The more I think about this, the more I realize this: The nearest real-world equivalent to the #hashtag is writing someone's name for distribution to the public as, for example, in a book or an article in a newspaper. It isn't the same as contacting someone *although*, people being people, many won't be able to resist the temptation to find out what others are saying about them. But that isn't "contacting" someone. If the Peace Order was meant to prohibit Aaron from saying or writing Brett Kimberlin's name, it should have done so. This is an unconstitutional violation of Worthing's free speech, and I'm not one of the far-rightists who go around saying that everything I don't like is unconstitutional. Being arrested for contempt is another matter. But it looks like the judge is a dumbarse ... who therefore *earned* a heaping serving of contempt.

111 Alan Dershowitz is an appeals attorney. Isn't he also a law professor? His interest in Zimmerman seems to be that justice is served. I don't think anyone expected him to speak out about a self defense case. Why then should we write him off on this when it is such a gross injustice?

112 @103: "Both sides can be in the wrong here. Unfortunately, one side that's in the wrong happens to have all the power."

Sure, I agree.  But my comments were directed towards people who are talking as though this event completely ends this story.

113 That is why he should have run to an first amendment attorney well versed on internet and the law. Shouldn't that be part of what the defense fund was for?

114 103 Ah, so if our guys don't act perfect 100% of the time when under major pressure and financial duress, we can throw them under the bus and feel smug in our superior intellects and wills.
I think you are mistaking saying "look, it sucks, but judges are thin skinned prima donnas who have the power to make your respect their authoritah" for throwing someone under the bus. If, and this is still in the realm of if, that's what happened, espececially if he was told to stop talking over the judge and didn't, well, it's not throwing someone under the bus to note that actions have consequences.

Look, it is possible, if not probable, that the judge was a computer illiterate who was not even remotely inclined to listen to someone attempt to explain the intertubes to him and that Aaron screwed up by refusing to obey directions from the bench about not talking over the other party, let alone talking over the court. Both sides can be in the wrong here. Unfortunately, one side that's in the wrong happens to have all the power.

Posted by: alexthechick at May 29, 2012 03:16 PM (VtjlW)

There's nuances here. We have to be supportive of Aaron. But if he makes mistakes in this war , those mistakes has to be identified and corrected fast.

If was surprised by how this went. It was all about lawfare from the beginning.

Activist and incompetent judges has to be prepared for.

115 95 Poor preparation leads to poor performance.

-------------------------


Bob Dole doesn't have that problem.  Bob Dole uses Viagra.

116

"And specialty judges might be nice too. Have somebody who understands this newfangled internet thing when he has to rule based on it."

 

Don't we already have specialized courts for certain types of laws / cases?  This would make sense to verify that a judge understands the technical aspects of the case they are about to hear.

 

Of course, IN COMMON-SENSE LAND, a judge would look at a case involving a bunch of "Google 'n Twitter stuff" that he doesn't understand, realize that he doesn't understand it, and then recuse himself...  But this didn't take place in Common-Sense Land.  It took place in Maryland.

117

Looks like the judge had him arrested for the previous "assault" when he took away BK's iPad.

 

118 Agreed, this case is not dead yet but it should serve as a lesson to be prepared with first amendment lawyers and internet experts in order to educate the court WHEN not if but when, these cases are brought. I do not doubt for a minute that this is a new tactic to silence the right. We will see more of this. The targets of these suits need to be better prepared. It isn't fair, but it is what is happening.

119

This is an unconstitutional violation of Worthing's free speech, and I'm not one of the far-rightists who go around saying that everything I don't like is unconstitutional.

 

----------

 

What is a far-rightist?

120

"Looks like the judge had him arrested for the previous "assault" when he  took away BK's iPad. disarmed his  assailant."

 

Fix't.

121 I am a far rightist. It was me.

122 I told you so.

123 @118: Yes, this is the new battleground.

124 You bet! All of the geniuses here have decided that this is the correct response to the situation. Blame that victim! Posted by: Rich at May 29, 2012 02:36 PM (3lAjR) Because that's 40,000 times easier than dealing with the problem. I've said it before: Single-payer for lawyers/judges/law profs. Posted by: AmishDude at May 29, 2012 03:20 PM (4ctHf) This times a million.

125 "Looks like the judge had him arrested for the previous "assault" when he took away BK's iPad."

Good thing the "That's what he gets for not hiring a lawyer and for saying he went to Yale Law and getting shitty with the judge!" spin has already solidified and can't be undone, or people might think some injustice was done to this guy.

Assholes.

126 I am a longtime lurker here, but I need to say this. This is no different than a war on what the left wants to turn this country into. As a war you need to know your enemy. So far what I know of this issue is that BK picks where and when to fight. He is a career criminal. He knows how to game the system. It is time for our side to pick where we fight. Once it becomes personal as this case is, mistakes are going to be made. I had no idea who BK was until I read about it on The Other McCain. The only way to win is to cut the head of the snake off. That is why November is so important. Want to get BK out of the picture? Find the money and go after those people. Get his 501c status looked into.   Going to battle with him in court is sure to end up bad. 

127 Blogger "Sooper Mexican"  attended this morning. His account is here...

http://scoamf.us/ur

128 @125: "Good thing the "That's what he gets for not hiring a lawyer and for saying he went to Yale Law and getting shitty with the judge!" spin has already solidified and can't be undone, or people might think some injustice was done to this guy."

Exactly.  Where did the Contempt charge come from, anyway?  Was that just a rumor people here latched on to because it "sounded right"?

129 The Blaze confirmed worrying was arrested for assault. Top story over there right now. Kudos to Beck for staying on this.

130 Couldn't Aaron have asked for a hearing on the judges ruling to clarify the mechanics of Twitter because it doesn't seem to apply to the Peace Order?

131 Worthing. Freaking spell check

132 Off, damn sock!

133 He should never have gotten hauled into court on the basis of twitter/blog posts ABOUT HIS OWN LIFE. Whether he could afford/should have hired an attorney is entirely secondary.

134 Eh?

135 I retired seven years ago, what the fuck am I doing back in court?

136 Everyone wailing about how ignorant the judge was is right. But all the 'don't blame the victim' blah blah whining is just ignoring the real problem here. This should have been a walk in the park, but the account of how it went down makes it sound like Worthing didn't even try. It would have been better to have had another attorney representing him, but even if that wasn't an option he could have done a hell of a lot better. Why pull out your dick and brag about going to Yale? Unless the judge is a fellow Yaley, you're just going to piss everyone off. It certainly isn't going to impress anyone. And talking over the judge, especially after he warns you about it? There aren't many bigger no-nos. Any lawyer that goes into court assuming that the judge knows anything at all other than the black-letter law is a moron himself, whoever his client is. The judge isn't supposed to know anything, other than maybe what day it is and if it's day or night. That's the lawyer's job, to lay out all the relevant facts of the case and put them in context. You don't walk into court without being prepared to explain anything and everything. If your case involves an automobile, you should be ready to explain internal combustion just in case your judge is Rip van Winkle. And, since your judge will have a hard time believing he doesn't really know everything, you'd better diplomatic as hell in how you educate him. I have sympathy for Worthing, but everyone that is complaining about commenters being too hard on him needs to pull their head out of the bubble for a minute. He should have won this. It should not have been close. It may be excusable in part because of the stress he's been under, but from what we know he doesn't seem to have done even basic preparation. So he gets put in cuffs in the courtroom, Kimberlin gets to put a notch in his belt, and people on the internet whine about what should have happened instead of dealing with what actually did happen. Not our brightest day, and probably all preventable with a bit more work in advance.

137

A copy of the “final peace order” (time-stamped 10:52 a.m.) states that Kimberlin is “in fear of imminent serious bodily harm” as a result of a “countless number” of death threats, and that “there is clear and convincing evidence that [Walker] is likely to commit a prohibited act in the future against [Kimberlin].”

 

From the Blaze...

 

So... a victim gets arrested for a 'potential' future crime, for talking about the crimes that someone HAS commited, and been convicted for.

138 What brad says

139 100: "He was pre fucked when the judge walked in with a fucking onion swinging from his belt." Hey, cut the judge some slack. When he graduated from law school, it was the style at the time.....

140 Posted by: Brad


Were you in the courtroom? If not, stop jumping to conclusions.

141 And what conclusion did I jump to Dr. Spank? I've read all the available accounts, what facts have I assumed that are not in evidence?

142 You assume Walker wasn't prepared and didn't bring up the points about twitter and google as opposed to the judge ignoring them. You also claim this should have been a walk in the park, based on what? Peace orders are easy to get.

143

"You don't walk into court without being prepared to explain anything and everything. If your case involves an automobile, you should be ready to explain internal combustion just in case your judge is Rip van Winkle."

How does this help if the judge is ignorant of how Twitter works. Shouldn't the judge have scheduled a hearing to hear arguments about a subject he knows nothing about? Being an intellectual lazy jurist isn't a reason to rule against a defendant.

144 "I've read all the available accounts, what facts have I assumed that are not in evidence?" How about the actual charge he was arrested on? That'd be kind of relevant. I've been looking all day and can't find it yet. I've seen several conflicting accounts and no proof. Have you?

145 >.How about the actual charge he was arrested on?


2nd degree assault---The Blaze

146 **** It looks like Cornelius J. Vaughey is NOT this judge that had Aaron Worthing arrested (although he seems to badly misunderstand how the Internet works), and that Aaron wasn’t arrested for contempt. “novaculus” at Hot Air seems to be pretty knowledgeable here, and found the case number and arrest warrant (issued on May 27th, a Sunday). Scroll backwards in the Hot Air headline thread for details, but a brief summary is here: http://tinyurl.com/78228ah >>> It is a NEW case, people. >>> Kimberlin knows how the system works. He already had a temporary peace order. My guess is that on Friday he filed a complaint for violation of the order. Those are dealt with immediately, but on a holiday weekend you can imagine who is at work. A new case is filed, and a commissioner who sees only the new charges and supporting affidavit (and we can just imagine what was in Kimberlin’s affidavit) finds probable cause and automatically issues a warrant. >>> Kimberlin timed it so Walker wouldn’t know about the new warrant. That was from the Hot Air headlines thread. Now afu asks: >>> How about the actual charge he was arrested on? That'd be kind of relevant. I've been looking all day and can't find it yet. I've seen several conflicting accounts and no proof. Have you? Answer from Hot Air commenter "novaculus": >>> Case No 5D00279004 >>> Warrant issued on May 27,2012 for Failure To Obey a Peace Order

147 Or maybe 2nd degree assault. Damned if I know.

148 Don't wake up on a bridge eating someone's face off.

149 2nd degree assault---The Blaze Answer from Hot Air commenter "novaculus": >>> Case No 5D00279004 >>> Warrant issued on May 27,2012 for Failure To Obey a Peace Order See, these would seem to be mutually exclusive answers. Which is kind of my point.

150 would it be better in the long run if this went to criminal court instead of the civil, order of protection route? That way instead of proving innocence against phantom charges, Bk would have to prove guilt?

151 There are a lot of things we don't know right now.

152 So Aaron should get another bite of this apple. Hopefully he is getting or has counsel now that specializes in first amendment law. No more self-representation. I do think a lawyer more versed in this aspect of the law would have caught this.

153 @145:  Thank you, Dr. Spank!

Everyone here has been assuming that this is all a contempt charge because it sounded good to them.  Comment #125 is right.

154 Before you go to court, always check for warrants.

155 What I want to know is, how the heck did Aaron get a law degree.  I never read about a more childish lawyer as this in my life, and this guy should have had enough motivation to bring his A game to court since he is the one on trial on this case.   He should fire himself and get a real lawyer who can talk about this without getting emotional.   All you people blaming the judge are probably more mad at Aaron.  Aarron was the problem, not the judge.

156 @151 There are a lot of things we don't know right now.

Let me be clear: We know that if I had a vexatiously litigious convicted felon lackey, he would look like Trayvon,...er, that other guy.

157 "I do think a lawyer more versed in this aspect of the law would have caught this." Considering both Aaron and wife have now lost their jobs over this nutcase, funds availability might have been a concern.

158 FOAD Coward. It is clear you are Kimberlin's butt boy. Get lost. Kimberlin is the real problem, and you.

159 @158: Don't feed the trolls

160 Posted by: Coward Robert Ford


Saying Walker didn't bring his A game sounds libelous. I suggest hiring a lawyer.

161 There is a defense fund and some lawyers would take this pro bono. Kimberlin and his cult are responsible for making the court into a joke.

162 My comments weren't about the arrest. Like most, I assumed that it was either contempt or violation of the peace order. What I was talking about was how badly the hearing went. My point was that it doesn't matter how ignorant or ill-prepared the judge is, you have to be ready for that. Worthing wasn't. The only people I see arguing the opposite point are doing so on the basis of emotion, but that doesn't get you far in court. Is Worthing in the right, both morally and (probably) legally? Yes. He absolutely should have won, even in a peace order hearing, given the facts of this case (specifically that none of those facts are on Kimberlin's side). Does that automatically equal a W in the win/loss column? Nope. Well, eventually it probably will, but that doesn't help in the short term. Be outraged. Be sympathetic. Get active to prevent this sort of thing. But don't stop thinking just because the good guy didn't win this one.

163 >>> See, these would seem to be mutually exclusive answers. Which is kind of my point. I thought so at first, but they aren't mutually exclusive, I think. Possibly both? I'm guessing Kimberlin waited to the weekend, and then used/abused the Peace Order enforcement process, "describing" how Aaron took the iPad away in his affidavit, despite the fact there was already an investigation underwear for that, so he has a perjury defense available should his use/abuse of process be questioned.

164

I think Kimberlin is a real bad dude.  I don't think he should have be released from jail.  But I think you guys are not cut out for the law if you think it's  not even possible Aarron was harrassing him.  The judge does have a point about ex-convicts have rights too and IF peoplle are making up shit on their blogs as he sees it,  judges have to look at that if a case is brought to the court.

You guys get out of this conservative vs liberal mindset when you talk about the law and a legal case.

165 >>My point was that it doesn't matter how ignorant or ill-prepared the judge is, you have to be ready for that. Worthing wasn't

You don't know that.


>>Is Worthing in the right, both morally and (probably) legally? Yes. He absolutely should have won, even in a peace order hearing, given the facts of this case (specifically that none of those facts are on Kimberlin's side).


More shit you don't know. The facts are what the judge says they are like Walker "googled" Kimberlin 800,00 times and sent dangerous tweets to him.

166 "What I was talking about was how badly the hearing went." Posted by: Brad at May 29, 2012 04:22 PM (zTZGo) I really resent that he was hauled into court at all. "So-and-so wrote something about me that caused third persons to make death threats" is completely not actionable under long-established first amendment law and should not have supported probable cause.

167 Oh no, dangerous tweets!!!! [pearls clutched]

168

"My point was that it doesn't matter how ignorant or ill-prepared the judge is, you have to be ready for that. Worthing wasn't."

That's why I asked about a hearing to determine whether the Tweets actually violated the Peace Order! How is that an emotional response to what you wrote? Throwing a party in a lawsuit in jail seems extreme, especially if you're ruling on a subject you know nothing about.

169 Look even Ace said Worthing should not have represented himself. That is all people are saying. Everyone is sympathetic to Aaron and believes his right to free speech is being violated. Lets not form a circular firing squad.

170 If we go with the basic logic I see a lot of conservatives using in this case, an ex-felon is basically fair game for slander and libel and doesn't have the right to pursue legal action against those doing it.   I think there has a been a lot of black and white type of reporting on this. 

171 "an ex-felon is basically fair game for slander and libel" Slander and libel require the statements to be false. True statements, even if unflattering, are neither slander nor libel.

172

170 If we go with the basic logic I see a lot of conservatives using in this case, an ex-felon is basically fair game for slander and libel and doesn't have the right to pursue legal action against those doing it. I think there has a been a lot of black and white type of reporting on this.

Posted by: Coward Robert Ford at May 29, 2012 04:29 PM (4BzOb)

 

 

Once again you demonstrate you know fuckall about any of this.  What is slanderous or libelous about pointing out the fact that Brett Kimberlin is a convicted felon for bombings in Speedway Indiana?  Go away you pathetic troll.

173

You can compllain about him being dragged into court, but he has to do better than that.   Part of being a lawyer is being respectful in court, and he wasn't doing that.

174 Posted by: Coward Robert Ford


In my opinion, you're an idiot. Logic and coherence are not your friend, obviously. Straw man arguments make work in your chosen field : fake-engineering, but they don't work here.

175 How do you know, you there??

176 Ok,  I have you guys even considered Kimberlin, who i have called a NUTJOB consistenlt,  MAY be telling the truth in this one case.  I'm not saying he is, i get he's a bad dude,  but you have to look each case on it's merits don't you?

177 Were you there

178 @169:"Look even Ace said Worthing should not have represented himself."

No one disagrees with the prudence of this.  But what is in dispute is whether Worthing's self-representation is even an issue.  If there was a contempt charge, then yes.  But as far as I can tell, there was no contempt charge, and this is just a rumor that's now been spun into established fact and used as evidence that Worthing was unprepared and worthy of dismissal.  This is was DrSpank is talking about.

179 This is hilarious.  The braindead jack off that is going on and on how obviously RSM and Erikson were not actually swatted now wants us to believe Kimberlin's claims.  Get lost troll.

180 176 Ok, I have you guys even considered Kimberlin, who i have called a NUTJOB consistenlt, MAY be telling the truth in this one case


Not really, no.

181 I read an account of it somebody sent me on Twitter.  The dude who sent to me is pro-Aaron.  I'm just interested in this case, i don't have a dog in the fight either way.  I think bloggers tend to be kind of self  important and many of them lie about stuff or don't prove their claims b/c nobody rarely asks them to.

182

Dr. Spank

 

A good judge doesn't have the luxury of being closed to all possiblities. 

183

Really you're interested in this case?

 

61 I had to stop following a lot of conservatives on blogger yesterday b/c they were obsessing with this Kimberlin guy and still not sure why I should care, seems like a personal thing a criminal matter, not really a political thing of great interest to conservatives. Rush and others have to pay for security people so if you have some guy harrassing as a pundit maybe you have to cough up some dough for security if the police won't.

Posted by: Coward Robert Ford at May 26, 2012 09:35 PM (4BzOb)

 

 

184 answer. were you there

185 >>A good judge doesn't have the luxury of being closed to all possiblities.


Actually a good judge would know what twitter and google are if he intends to live in this century and it's pertinent to the case.

186 RSM for example, I'm sure is the bees knees and a great citizen, but I have not seen him prove that it was Kimberlin or somebody directed by Kimberlin was responsible for the phone call to his wife's employer, a claim that has not been indepently verified by anybody that I'm aware of.   He's been talking about the Kimmerling stuff and swatting so anyb ody who happened to read that could have had the idea to call him to scare him.

187 Douchebag, were you there

188 Acc. to SooperMexican's [lone?] eyewitness acct, it seemed like the judge tried to be fair & patient, tho was also clueless. That combo wd NOT usually get you locked up, unless you went above & beyond the call of off-pissing. FWIW, 14 years in ct, hundreds of trials and hearings, I have NEVER seen a judge put someone in jail for contempt. A few threats, but never the slammer.

189 186 RSM for example, I'm sure is the bees knees and a great citizen, but I have not seen him prove that it was Kimberlin or somebody directed by Kimberlin was responsible for the phone call to his wife's employer, a claim that has not been indepently verified by anybody that I'm aware of. He's been talking about the Kimmerling stuff and swatting so anyb ody who happened to read that could have had the idea to call him to scare him. Posted by: Coward Robert Ford


So what you're saying is that RSM is in fake hiding or, at worst, it was a Kimberlin supporter who harassed him?

190 And I saw RSM make this post that RSM and the wife had been thining aout leaving Maryand for awhile and lo and behold now he's got a pretty good damn reason to do that and hit the fricking trip jar for him.   I'm just saying it sounds like it COULD be a contrived story.  I can't prove anything but it's fun to talk about.

191 I practiced for 10 years and have never seen it either. I also didn't expect the judges to be experts on everything.

192 Where is the evidence of the contempt charge?

193 We're still working on rumors. The latest rumor is that the arrest was due to a complaint filed by Kimberlin on Friday, and not directly related to this hearing. Which would certainly imply that local law enforcement, which refused to prosecute Kimberlin for OBVIOUS perjury in court, is corrupt.

194

Although IÂ’m totally sympathetic to Aaron, heÂ’s lucky that the judge didnÂ’t have the bailiff shoot him in the courtroom. 

The judge was there to deal with a peace order with everything relevant happening in the last 30 days.  Aaron naturally wanted to tell him the whole story, just like his 30,000 word post on the subject.  On top of that, it appears he wanted to correct the opposition and the judge when it wasnÂ’t his turn.

If he had been a layman representing himself, it probably would have gone differently.  But the judge probably took great pleasure at having a Yale-trained lawyer cuffed.  At this point, all we can do is wait for the transcript and the rest of the facts, contribute to his legal fund and hope he gets the right representation.

195 "185 >>A good judge doesn't have the luxury of being closed to all possiblities. Actually a good judge would know what twitter and google are if he intends to live in this century and it's pertinent to the case." Not at all, actually. The judge only knows what he is told, otherwise he has to officially take "judicial notice" of that fact. http://bit.ly/JT4bm3 (link to definition) From that definition, "The most common judicially noticed facts include the location of streets, buildings, and geographic areas; periods of time; business customs; historical events; and federal, state, and International Law." Beyond that, the judge isn't supposed to know jack. Which was my main point way up where ever I made it. The lawyers tell the judge the facts. The judge does not (in theory) find any facts based on his or her own knowledge. When a judge assumes he knows things, you run into trouble (an example is included in the definition). So if, at the end of the hearing, the judge didn't understand Twitter and Google, that was the lawyers' fault. Thus my claim that Worthing f-ed up. Get as pissed off as you want, but it won't change reality.

196 Hey, maybe Worthing/Walker fake-arrested himself and is now in Tahiti.

197 I think it implies that it was a holiday weekend with the "b" team who assumed someone filing a protection order would tell the truth. These aren't the first law enforcement officials Kimberlin has bamboozled.

198 Well lot of good old judges out there, grey beards, who don't know dick about Twitter and the internet.  I don't that 'knowledge" was crucial to this case, i think it's a strawman you guys want to use to beat up on the judge to exuse Aarron's incompetence.  That guy isn't a lawyer.  He needs to find another occuaption.

199 >>So if, at the end of the hearing, the judge didn't understand Twitter and Google, that was the lawyers' fault. Thus my claim that Worthing f-ed up. Get as pissed off as you want, but it won't change reality.


I wonder what Kimberlin was saying, in the courtromm, with respect to google and twitter. Ultimately the judge has to make a decision based on what facts are presented in court, but there may have been 2 vastly different set of facts presented and the judge had to choose.

200 The judge didn't need to understand twitter or google. He just needed to know first amendment law and us v. brandenburg. Major fail. Not to mention pi$$ing off a judge just means you lose, it does not land you in jail absent extreme circumstances like becoming physically violent.

201 In sum, Walker could have told the court what google and twitter were and how they operated but thee judge could have chosen not to believe him. We just don't know yet.

202 198 Well lot of good old judges out there, grey beards, who don't know dick about Twitter and the internet. I don't that 'knowledge" was crucial to this case ----- Sure it was. The judge's confusion about the nature of tweets, their authorship, and replication is equivalent to the him not knowing the difference between photocopies and hand-written documents.

203 It lands you in jail if the judge believes you failed to follow the court's order and will do so again.

204

Best coverage on this is at Soopermexican.com.

205 lol *Ohio v brandenburg...

206

Ok guys I need to go back "underground". I've said Kimberlin is a NUTJOB several times on here and no doubt I"m a TARGET.    I have buddies at the local police station so it should be cool but you can never be TOO careful.

you guys stay safe and i mean that.

207 Don't bother Y-Not.  Robert Ford is a dishonest lying troll that has no clue at all what is going on.

208 were you there? Why wouldn't we be safe?

209 203, that's a fine, not jail time unless you refuse to pay.

210 Afu, the current rumor (I assume it's not verified) is that the arrest wasn't due to contempt, but related to a possible second peace order that Worthing didn't know about.

211 Aaron Walker's to dos:
1.  Hire an appellate / trial attorney
2.  Order the transcript
3.  File appeal / Request for New Trial
          -contest the factual findings and conclusions (asking for specific findings of facts & conclusions of law). (There are NO "facts" supporting the Judge's finding "countless of blogs either threatening death)
          -contest the overbroad 'no contact anywhere' order (orders must be limited and tailored to the facts).
4.  File for a Stay of of the Order
5.  Lastly, wear duct tape over mouth during next court appearance.

Sure wish an attorney in Maryland would step forward and help - probably would be good for business.......

212 see post 146, he was arrested for violation of a peace order. If a wife files a peace order, and her husband violates it, does he pay a fine or go to jail?

213 210, I think that's more likely but has zero to do with AW acting pro se.

214 212, depends on the nature of the threat. If the threat is physical, sometimes they will do a physical restraint. This is not a physical threat. This is a fine situation.

215 I think if he wasn't acting pro se but had an attorney they may have discovered the new order. While an attorney, I don't think Aaron is a litigator, criminal or otherwise. And Kimberlin probably falsely represented to the judge he was threatened by Aaron and was in fear of him.

216 Maybe Drudge hasn't hear about any of this.  That is what the tip box on his page is for.  Nudge nudge Wink wink.

217

Despite our differences, I am truly horrified you have to put up with this horsesh*t, fat man.

BTW,  I'm loitering in front of BK's Saturday phone ready.  He probably only uses the parking garage but what the hell.

218

"So if, at the end of the hearing, the judge didn't understand Twitter and Google, that was the lawyers' fault"

Right, because after explaining technology to a technical illiterate, they'll always understand everything. Like progamming a VCR, nobody ever had 12:00 flashing on the display after being instructed on the steps necessary to set the time.

219 I'm going to suspend judgment until I get Walker/Worthing's own report...even SooperMexican admitted he cdn't hear all of the conversation in court. BTW, it was initially tweeted (and I fell for it) that it was a "closed" hearing...Well, that was obviously false.

220 Maybe Drudge hasn't hear about any of this.

Beck knows, but not Rush or Drudge? I'm assuming, or at least hoping, that there's a good reason for them staying silent on the subject.

221 Well, that was a brilliant position I made at #219--Aaron is now free!

222 It's VERY clear at SooperMexican that the "tubes or whatever" isn't a quote.

Anger at the judge is misplaced.  Technology isn't his job at all.  His job is ONLY to rule on an order of protection.

Now, Aaron brought today's problems on HIMSELF, 100%.  Read the accounts from people who are on his side, not Kimberlin's.  He was unfocused.  He blew off the original hearing, putting himself in a hole already.

He got into a pissing match debate with Kimberlin and the judge and lost his cool and just kept on, blowing it completely.  If he represented a client in such a manner, he would be sued for malpractice.

Judges are always going to lean over backwards on orders of protection.  In this Maryland County, there was a high profile case last year where one was denied, so they are extra sensitive to it.  Aaron needed a lawyer.  Representing himself was just stupid.

As is blaming the judge for not knowing what  a tweet is.  It doesn't matter.  Don't be an idiot.

Want to stop Kimberlin?  Have him designated a vexatious litigant so he has to post a hefty bond to file a suit.  Other than that, you can hope Soros and his rich Auntie cut off his funding.  Or just keep whining on the intertubes, or whatever.

223 "Now, Aaron brought today's problems on HIMSELF, 100%. He was unfocused. He blew off the original hearing, putting himself in a hole already." Um, no. Not 100%. He did not file the charges against himself. He is not responsible for some douche in the Montgomery County courts finding probable cause that a crime was committed, insofar as Worthing has never made nor encouraged any kind of threats against Kimberlin. He was responsible for his behavior in court today, but that's not 100% of his problems.

224

"Technology isn't his job at all."

Then why not hear arguments on the technical aspects of Twitter and Google. An uninformed ruling regarding whether a Peace Order has been followed doesn't seem to be wise, and not very judicious.

If Aaron was targeted for representing someone pro bono against Kimberlin, he may have had trouble getting anyone to represent him for fear that they(and their family) would be put in harm's way.

225

Want to stop Kimberlin? Have him designated a vexatious litigant so he has to post a hefty bond to file a suit. Other than that, you can hope Soros and his rich Auntie cut off his funding. Or just keep whining on the intertubes, or whatever.
^^THIS^^

226 That Kimberlin guy is a fucking genious, if he can do this to a Yale lawyer in his own game. And i'm not even speaking about SWATting. We need more ppl like him on the right, instead of the boring crybabies we have now.

227 [no non-factual claims about Kimberlin please]

228 The thing is, I could see some of these bloggers doing the Swatting thing to Kimberlin.   Some of these bloggers really get into these blogwars and I could see that spilling out into "real life" with some of them. 

229 Posted by: Coward Robert Ford at May 29, 2012 06:03 PM (4BzOb) 99% of what you write is senseless, meaningless, formless babbling. How the fuck am I supposed to parody you if you're batshit insane?

230

Juicer,

I know you don't believe that.  I am a pretty perceptive guy. 

231

IF I am in fact crazy, it's not my fault, take it up with God, i'm doing the best I got with the brain I was given.  It's not right to make fun of crazy people especially if they are harmless.  Kimberlin crazy is legit to  make fun of.

232 Aaron released and said he will not reveal additional details until he speaks with his attorney (!), Yay, lets hope its a good one.

233 PURCHASE ORDER
May 29, 2012
from: creeper
to: Ace

One (1) "Ignore" button

delivery:  Immediate

234 All of the geniuses here have decided that this is the correct response to the situation.
Blame that victim!
The correct response to any situation is logic.
Then, if one is left conflicted, an expression of sympathy.
Like this: Hey, you fucked up---but I love ya, babe.

235 [no threats allowed]

236

I haven't read the 200+ comments. Based on Aaron's description of the job he got fired from, he was a corporate health care attorney. This is far different from operating as a courtroom lawyer. I would also guess that being a "road defendant" rather than on your home court is a problem too. One of my lawyer buddies won't even practice in adjoining counties, afraid of being "homered" An experienced trial lawyer who practices in that court is supposed to be the best call.

Given the number of lawyer morons, is there any move to have a group start researching the common angles of attack and common defenses in these types of actions and take the financial pressure off these guys. "I'd like to hire you as my lawyer. Here are three draft briefs for you to use . . ."

237 Wow. Aaron would have had to have googled Kimberlin once a minute for approximately  11 months, 1 week and 6 days in order for him to have googled Kimberlin for so many times.

238 this isn't about threatening judges or their kids. Enough. We aren't them.

239 And that's why we're losing.

240 Posted by: southdakotaboy at May 29, 2012 06:37 PM (Ur6Wj) Speaking as someone who hates lawyers, that's just chickenshit. Going after people's children's jobs? I'd guess either you're a Moby hoping to quote your own proof as feeble evidence against us, or one of Kimberlin's shit-stirrers hoping for some inverse example to excuse your own behavior. Either way, trollbust, IP ban.

241

232Aaron released and said he will not reveal additional details until he speaks with his attorney (!), Yay, lets hope its a good one.

Very glad to read this. 

242 No we lost here because we blew off the first hearing and came into the second hearing unprepared without an attorney or composure. Not Good. Not because we won't threaten judges kids cause we were unprepared. Bullshit.

243 The braindead jack off that is going on and on how obviously RSM and Erikson were not actually swatted now wants us to believe Kimberlin's claims.
-----
By their own "admissions," Erikson and Patterico were not
"actually swatted." Patterico walked back the initial drama, with the
rather, uh, lame "not technically" (swatted).

244 They are leaving out why I don't trust Eric Erickson too, and they know that's a legit criticism.  He likes the limelight. 

245 RSM wasn't swatted either, he claims somebody called his wife's employer, but I don't think he's given out specifics of that, and as far as I know, no indepednent source has verified that information.    So it comes down to how much you trust RSM. 

246 I think  you have to be kind of nuts to believe everything some guy on the internet claims without any evidence and independent verification. 

247 go take your meds nadia

248 [removed due to implied threats]

249 Have I noted that Average Joe sucks cock by choice today?

250 How was my post in anyway threatening?

251 Thanks, Jeff B, for ripping Aaron Worthing apart.

You're a really classy bully.

what was that you said?  Almost no sympathy?

Ok.

I think Aaron made a mistake when trying to defend *your* freedom.  I disagree with you about sympathy.

252 I think it's important to remember that if Brett Kimberlin was still in prison for the bombings that he has been convicted of, none of this would have happened.

Folks, this isn't Walker's fault. This is the fault of a broken, easily exploited legal system that favors psychopaths and liars over honest people.

253

"I think you have to be kind of nuts to believe everything some guy on the internet claims without any evidence and independent verification."

IOW, disregard every comment you made on this thread. Thanks for the advise.