The Other McCain

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BREAKING: Motion Filed Seeking Federal Injunction on Behalf of Blogger

Posted on | June 22, 2012 | 50 Comments

The following press release was just posted:

Walker v. Kimberlin Complaint and Motion
for Emergency Preliminary Injunction

June 22, 2012 – The Law Office of Bruce Godfrey, in professional cooperation with Dan Backer, Esquire, of leading Washington, DC, campaign finance and political compliance law firm DB Capitol Strategies PLLC, has today filed a Complaint and Motion for Emergency Preliminary Injunction on behalf of plaintiff and attorney Aaron Walker, Esquire against activist Brett Kimberlin in the United States District Court for the District of Maryland, Greenbelt Division.
Pending the imminent formation of a legal defense fund, the Law Office of Bruce Godfrey is participating in this litigation pro bono publico on behalf of Mr. Walker, due to the paramount constitutional principles at stake in the dispute outlined in the Complaint and Motion for Emergency Preliminary Injunction. No further discussion of the merits of the case would be appropriate here at this time, out of respect for the rights of Plaintiff Walker and Defendant Kimberlin to a fair and unbiased jury trial, which the Complaint requests on issues so triable. The relevant filings are available from the electronic filing and records systems of the United States District Court.
The Law Office of Bruce Godfrey is honored to participate in this case.

UPDATE: It was previously reported by David Hogberg of Investor’s Business Daily that Aaron Walker’s legal team has also filed an emergency appeal in Montgomery County (Md.) Circuit Courty (click here to see to see that filing). Walker was arrested May 29 at a Maryland hearing after Kimberlin had claimed that he was harassed because of Walker’s writings about Kimberlin’s criminal past.

UPDATE II: It is important to remember that Kimberlin’s “lawfare” intimidation against bloggers began in October 2010, when Kimberlin sued progresive blogger Seth “Socrates” Allen, whose complaints about Kimberlin’s tax-exempt group Velvet Revolution resulted in Allen being banned from a number of liberal blogs, including Daily Kos. Walker offered legal assistance to Allen, with the result that Walker himself (who had previously blogged under the pseudonym “Aaron Worthing”) became the object of harassment by both Kimberlin and his associate, Neal Rauhauser.

On May 17, Walker published his 28,000-word account, “How Brett Kimberlin Tried to Frame Me for a Crime (And How You Can Help!)” and, by the list of links below, you can judge how much news this saga has produced in the past 36 days.

Robert Stacy McCain, Whereabouts Unknown







  • Mike G.

     About damn time Kimberlin gets a taste of his own medicine.

  • JeffS


  • Quartermaster


  • blaster

    Not stated – injunction against what?  It just says against Kimberlin, but it has to be an injunction against him doing something.   

  • jwallin

    I’m confused as MM points to a story by IBD that states that “Aaron Walker has retained the services of attorney Reginald Bours to fight the peace order.”

    I don’t see Godfrey associated with Bours.

    Maybe you journalists can unconfuse me  and what’s actually going on. (IBD has a link to the filing documents)

  • blaster

    And interesting:

    Bruce takes an unapologetic position in support of working people; his firm is at all times pro-union, pro-labor and pro-worker, and does not represent management against a labor collective bargaining unit or against workers in unemployment, wrongful termination or civil rights claims.  

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  • Q Branch

    The IBD story is about a filing in state court. The Godfrey filing is in federal court.

  • Q Branch

    It appears to be an injunction as a precursor to a suit.

  • blaster

    Right – but the injunction has to actually enjoin something – rule 65 says:

    describe in reasonable detail—and not by referring to the complaint or other document—the act or acts restrained or required 

    In order for the court to issue some reasonable detail the act or acts, the request for an injunction would have to describe it.  You can’t just ask for an injunction against a guy, you have to ask some for some specific activity.  I suspect the injunction request is against the use of specific lawsuits or types of lawsuits.  


  • blaster

    Given the attorney it could be a civil rights claim based on First Amendment, claiming that Kimberlin is acting in a way that denies Walker’s civil rights, so the injunction would be to get him to stop doing that, specifically through the lawfare.  

    May be a hard case to make, but then again, worth the effort to go on offense.  

    As Stacy sas, updates sure to come.  

  • Q Branch

    I suspect someone will look the actual filing up sometime in the next couple of days and post it. 

  • MM

    Patterico has a new post. A commenter notes that BK has just filed another peace order against someone in Fairfax, VA.

    I am not surprised to see more info coming out here, and The Trenches. Rats flee a sinking ship, others will cut deals, and some, for example, someone with many years of experience in the criminal justice system, will most likely have alibis in place. The people at the top who will not dirty their hands but are not above using cyber experts, will walk away scott free – plausible deniability, you see. And, in the end, it will be two or three useful idiots who will be hung out to dry.

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  • Wombat_socho

     And the more useful idiots get thrown under the bus/left twisting in the wind by their paymasters, the fewer people will be willing to become useful idiots.

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  • Stephen Sheiko

    The motion for injunction is to stay enforcement of the peace order insofar as it prohibits AW from blogging/tweeting about BK in violation of the First Amendment and Supreme Court precedent.

  • Monitor2112

    YES!!!!!!  The fight back begins.

  • Some1

    “Our first salvo in that effort has been to file a federal lawsuit today against Brett Kimberlin, seeking, in part, an injunction to prevent the state from ever again arresting Mr. Aaron Walker, an American citizen, for exercising his right to free speech, and to release him from any prior censorship restrictions imposed by unlawful judgements.”


  • MM


    “Our first salvo in that effort has been to file a federal lawsuit today
    against Brett Kimberlin, seeking, in part, an injunction to prevent the
    state from ever again arresting Mr. Aaron Walker, an American citizen,
    for exercising his right to free speech, and to release him from any
    prior censorship restrictions imposed by unlawful judgements.”

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  • Evi L. Bloggerlady

    Duly linked.  I have been a linking fool. Hopefully it will get some notice!  Hint hint.  I would be happy with being added to the blog roll here.  

  • Archonix

    Not likely. The defining feature of useful idiots is that they’re, well, idiots. They are not usually capable of the sort of critical thought required to understand that they’re being used.

  • John Norton

    Now it is on.

    Neat to “get served” by comments on a blog!  

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  • Slartibartfast

    Has anyone else noticed how all over actual domestic terrorism Dave Neiwert isn’t?  The guy is all of a sudden completely disinterested in the topic.  Maybe after all of this blows over, Neiwert will once again be covering neo-Nazi camps full of guys who don’t commit any crimes.

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  • Adjoran

    They may never utter a public word, but you can bet the Tides Foundation and big money donors like Soros, Gore, and Streisand don’t want their names associated with this stuff (even though they may secretly approve of it).  The pressure on the money will be key.

    One of the comments at Patterico claims that Maryland’s vexatious litigant statute is hard to invoke.  Really?  A guy has filed over 100 lawsuits and lost nearly all or all of them, and it’s tough to get him declared vexatious?  They might as well have no law on the books then.

  • Dianna Deeley

    Just got home and saw the news here, on Patterico’s, and on Ace’s! Wonderful!

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  • Dianna Deeley

     You’re the very silly person who tried to take a picture of BK’s car when he had his daughter in it? As if he weren’t already paranoid and hypersensitive?

    Think things through, would you? That was intensely silly.

  • Dianna Deeley

     Every now and then, something gets by me.

    Who?  What? Link? Help?

  • Dianna Deeley

     You’re going to jump on me, but I have a theory about the Streisand Foundation grant.

    The boiler plate for JTMP mentions something like, “nationally known entertainment lawyer Jeff Cohen.”

    I strongly suspect that the very small board of the Streisand Foundation thought it was (as Team Kimberlin intends people to think) Jeffrey B. Cohen, who is, indeed, a very well known entertainment lawyer. They do not appear to have a staff; it’s a question I’d love to have answered.

    I’m even more curious, since it seems that the grant was not renewed. Did they figure out that the Jeff Cohen was a different person entirely?

  • Slartibartfast

    Dave Niewert. Orcinus blog. Currently blogs at lawyers, guns an money. He wrote a great deal about right-wing domestic terrorism that, by and large, doesn’t do nearly the damage that the guys RSM is writing about have done. I can’t link to his lack of attention to this issue.

  • Dianna Deeley

    I didn’t recognize the name, but I vaguely remember orcinus, and I am slightly familiar with the line stolen by Warren Zevon. Thanks!

    Yes, I get that you can’t link a lack of interest – I was just at sea on who you were talking about.

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  • MaDrr

    Pudding!  I need pudding!

  • Adjoran

     Wait a darned minute here.  A citizen has every right to take pictures in public place or on a public street.  If you don’t want your picture taken, stay the heck indoors.

    He didn’t threaten the guy, he just took his picture.  He didn’t like having his picture taken?  Tough beans.

  • Adjoran

     That’s entirely possible.  And yes, I agree the intent was definitely to make people thing The Other Cohen was involved.

    My point is to make sure all current, past, and potential donors know that they aren’t going to be able to stay under the public radar if they give money to miscreants.

  • Red

    Crack that whip!

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  • FOAF

    I have felt all along that ultimately it is necessary to go after the funding sources that keep BK going.  If in fact the Streisand Foundation did not intend to fund Kimberlin but rather made a foolish mistake, they should still be held to embarrassment for that.

  • FOAF

    I have mostly been a lurker and have not followed every twist and turn of this convoluted saga.  But I have learned enough to know that TOM has playeda vital role in keeping the light shined on BK and his minions and has helped this come to pass.  Thank you, Stacy.

  • scrubjay

    “The relevant filings are available from the electronic filing and records systems of the United States District Court.”

    What is the link to these docs? If they are behind a registration or pay site can they be re-posted here?

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