The Blogger’s Defense Team Goes on the Offensive Against Team Kimberlin (Update: Instalink!)

by A.W., allergic2bull.blogspot.com
August 8th 2012
Update: Glenn Reynolds links and declares "He chose... poorly."
Well, I have long argued that his choice of targets was influenced by bigotry.
And long-time blog ally Blazing Catfur has linked as well. Catfuralanche?

Update (II): More linkage from Hogewash, Patterico, and Twitchy. Cool.
Yes, please hit the freaking donate button!!!
We now resume the original post as is.
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This is the latest post in what I call jokingly call The Kimberlin Saga^®. If you are new to the story, that’s okay! Not everyone reads my blog. So if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.
That’s the upshot of the latest press release from the Blogger’s Defense Team, a group I introduced about a month ago. This is not a picture of them:

(Always be happy warriors, folks.)
This is a basically an initiative led by Dan Backer and his firm designed to defeat this threat to Freedom of Speech represented by convicted terrorist Brett "Speedway Bomber" Kimberlin, Neal Rauhauser, Ron Brynaert and others through litigation. And in today’s press release they are pushing forward on the Virginia suit I shared with you.
There are several things you can pick up from today’s press release. First, remember on Monday when Robert McCain revealed the defamatory emails sent by Neal Rauhauser to various members of Congress? In his post, McCain noted that Darby was threatening to sue Rauhauser and Glenn Reynolds had this observation: “the discovery process should be productive. . . .” Funny you should say that, Mr. Reynolds, because the discovery process has already begun in my case. Kimberlin has been served with discovery and has twenty-one days in which to comply.
And we won’t be revealing what we served on him just yet, but I have seen it. I chuckled at the sight of it. He’s going to hate every minute of this. He has plainly screwed with the wrong people.
Second, while Brett Kimberlin has improperly answered my complaint at least he answered; both Ron Brynaert and Neal Rauhauser have ignored it, which is never a wise thing to do when you are being sued. This is despite the fact that they have actual knowledge of the lawsuit and indeed Brynaert was all over twitter in February beating his chest about how he looked forward to fighting this suit. So we have moved for a default judgment against both of them.
Third, the Blogger’s Defense Team don’t emphasize this too much but we do need to raise more money to keep this suit going. Do you want to see if Brett Kimberlin has the gonads to commit perjury in Virginia, where they might not be so lenient on convicted terrorists? Then please donate. It’s the first button on the right, or just go to their site.
Anyway, you can read the entire press release, here. Or read below the fold:
Pursuing Brett Kimberlin & allies in court; litigation moves forward
Blogger & journalist Aaron Walker is continuing his fight for bloggers’ freedom of speech with his lawsuit against Brett Kimberlin and his allies, with significant new developments underway. Mr. Kimberlin has engaged in a series of harassing legal maneuvers – “Lawfare” – to silence his new media critics. These tactics have included filing numerous “peace orders” in an attempt to have Courts silence journalists, Bar complaints to cost his foes their professions, and harassing communications to employers of bloggers and even to employers of their spouses. Kimberlin’s associates have also been suspected of much more nefarious forms of harassment, including the growing, dangerous tactic known as “SWATting” in which a caller contacts the police falsely claiming there is an emergency at the victims home that requires armed intervention. In fact, several conservative bloggers that criticized Kimberlin have endured this evil ploy over the past year. Most recently Aaron Walker was anonymously SWATted mere hours after a Maryland court lifted an unconstitutional prior restraint on his freedom of speech.
In January, Aaron Walker sued Brett Kimberlin and his associates, Ron Brynaert and Neal Rauhauser, in Virginia, on charges of defamation, state and federal extortion, and intentional infliction of emotional distress. After having been sidelined by a barrage of Kimberlin legal harassment in Maryland – which led to a temporary and wholly unconstitutional Court order silencing Walker’s blogging – the Virginia litigation is now continuing. Written discovery has been served on Kimberlin, with a response due in short order. His cohorts, Brynaert and Rauhauser, attempted to duck service and never answered the lawsuit, despite their actual knowledge, and default judgment motions have now been filed against them – a major step forward.
While this case is making progress, there is much more to do. Kimberlin and company have many other victims and the tactics they’ve mastered will certainly be used by others to silence and harass their critics.
To support the cost of pro bono representation of Aaron Walker and other victims, RightSolutions, a 501c3, has launched the Bloggers Defense Team to raise tax-deductible contributions to continue fighting back, and is underwriting the costs of the Virginia state lawsuit and another Maryland Federal lawsuit.
Victims are also calling upon members of Congress and the Department of Justice to form an FBI task force to coordinate law enforcement resources to investigate not only the SWATtings, but the Lawfare and continued and potentially illegal harassment activities aimed at silencing speech and political opinion.
The internet should be the ultimate “marketplace of ideas” where all are free to share opinions without threat of legal harassment, cyber-bullying, or real world threats.
So as Stacy McCain says, hit the freaking donate button!
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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years. I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence. If you would like to donate and help my wife and I in this time of need, please go to this donation page. And thank you.

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Disclaimer:

In the particular case of Brett Kimberlin, I do not want you to even contact him. Do not call him. Do not write him a letter. Do not write him an email. Do not text-message him. Do not engage in any kind of directed communication. I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.
And for that matter, don’t go on his property. Don’t sneak around and try to photograph him. Frankly try not to even be within his field of vision. Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).
And do not contact his organizations, either. And most of all, leave his family alone.
The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report. And even then if he tells you to stop contacting him, obey that request. As you will see by the time I am done telling my story that this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.
And let me say something else. In my heart of hearts, I don’t believe that any person supporting me has done any of the above. But if any of you have, stop it, and if you haven’t don’t start.

Original Page: http://allergic2bull.blogspot.com/2012/08/the-bloggers-defense-team-goes-on.html

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