The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

UPDATED: Aaron Walker Granted Emergency Order in Maryland Hearing, Calls Ruling ‘Important Victory’

Posted on | June 25, 2012 | 68 Comments

FROM AN UNDISCLOSED LOCATION
At a hearing this morning in Rockville, Maryland, a Montgomery County Circuit Court granted an emergency motion on behalf of attorney/blogger Aaron Walker. The effect of the ruling will permit Walker to resume writing and speaking about convicted terrorist bomber Brett Kimberln.

Judge Nelson W. Rupp Jr. presided over today’s hearing, with attorney Reginald W. Bours III representing Walker, who did not attend the hearing at Judicial Center in Rockville. In a brief telephone interview, Walker said that Kimberlin filed a counter-motion that did not address the First Amendment legal issues at stake, but rather “made a bunch of new accusations” against Walker.

It is important to note that Judge Rupp’s ruling only temporarily permits Walker to speak and write about Kimberlin, pending a July 5 hearing in Maryland state appeals court. Walker is appealing a May 29 ruling by Montgomery County District Court Judge C.J. Vaughey that granted a peace order sought by Kimberlin against Walker.

Walker said he plans to file a report on today’s hearing at his blog, Allergic to Bull. A Virginia attorney, Walker has become the center of national attention since May 17, when he published a 28,000-word blog post entitled, “How Brett Kimberlin Tried to Frame Me for a Crime (And How You Can Help!).” Walker’s post highlighted Kimberlin’s long-running efforts harass and intimidate bloggers who had written about Kimberlin’s criminal history.

Kimberlin is director of a 501(c) non-profit, the Justice Through Music Project, which has collected more than $1.8 million in contributions since 2005. Kimberlin also co-founded another tax-exempt activist group, Velvet Revolution, that has made headlines (and raised money) by making accusations of wrongdoing against a variety of public figures, including GOP strategist Karl Rove, U.S. Chamber of Commerce President Tom Donohue, Supreme Court Justice Clarence Thomas, and the late Andrew Breitbart.

In addition to his appeal in Maryland state courts, Walker has filed for an emergency preliminary injunction in federal court.

As the legal blog Popehat notes, UCLA Law Professor (and popular blogger) Eugene Volokh has agreed to provide pro bono assistance to Walker’s legal defense team. University of Tennessee Law Professor Glenn Harlan Reynolds, whose blog Instapundit is one of the most popular center-right sites, has also shown strong support for Walker.

Patrick “Patterico” Frey also promises to provide more commentary about the Walker-Kimberlin case. Walker, writing under the pseudonym “Aaron Worthing,” was formerly a co-blogger at Patterico.com, a popular conservative site.

Award-winning conservative blogger Ace of Spades comments on today’s Maryland ruling. Ace was one of the targets of an escalating pattern of harassment against bloggers that evidently began last year, during the Anthony Weiner cybersex scandal.

Democrat “social media” consultant Neal Rauhauser has described Kimberlin as a “client.” Rauhauser evidently joined forces with Kimberlin’s Velvet Revolution group last summer and is suspected of involvement with a Web site, originally aimed at “exposing” Breitbart, which published items indicating an ongoing effort to determine the offline identity of Ace. The anti-Breitbart site has been repeatedly published personal information (including home addresses) of bloggers who wrote about Brett Kimberlin’s criminal past.

Rauhauser became obsessed with a conspiracy theory explanation of the so-called WeinerGate scandal, which resulted in a formerly popular Democratic congressman from New York resigning in disgrace. Rauhauser has boasted of his connections to the criminal computer-hacking ring known as “Anonymous.”

Both Mike Stack, who played a key role in exposing Weiner, and Patterico — blamed as a prime suspect in Rauhauser’s conspiracy theory of the WeinerGate scandal — were targeted by a harassment tactic known as SWATting, a dangerous criminal hoax. In a May 25 blog post, Patterico named Rauhauser, Kimberlin and former Raw Story editor Ron Brynaert among those he suspects of complicity in the bogus 911 call that resulted in a police raid on Patterico’s Los Angeles home.

Aaron Walker describes his own situation: “An Important Victory For Freedom of Expression,” which includes a link to Judge Rupp’s order. Aaron says to expect further updates.

(Note: This article was originally posted at 10:46 a.m. ET as a single paragraph, and subsequently updated seven times over the course of three hours as new information was added. I have now removed the “update” notices for ease of reading.)

UPDATE 10 p.m. ET: Aaron Walker was SWATted tonight.

Robert Stacy McCain, Whereabouts Unknown

 

 


Comments

68 Responses to “UPDATED: Aaron Walker Granted Emergency Order in Maryland Hearing, Calls Ruling ‘Important Victory’”

  1. The Monster
    June 25th, 2012 @ 10:59 am

    Kimberlin seems to be very good at making bunches of accusations.

  2. richard mcenroe
    June 25th, 2012 @ 10:59 am

    In other words, Kimberlin the one-trick pony can’t learn another trick.  Unprecedented in an “evil genius”…

  3. Datechguy
    June 25th, 2012 @ 10:59 am

    Sounds like Kimberlin & Co is blowing smoke which is all he as left as the onion continues to be peeled away

  4. Aaron Walker Victory in Maryland Emergency Hearing « An Ex-Con's View
    June 25th, 2012 @ 11:01 am

    […] VIA The Other McCain: […]

  5. Zilla of the Resistance
    June 25th, 2012 @ 11:03 am

    I’m happy that the gag is off of Aaron, but BK filed MORE litigation? How much of our tax dollars do you think BK has wasted tying up the courts with his abusive behavior?

  6. PaulLemmen
    June 25th, 2012 @ 11:04 am

    Finally, a real bit of sanity in this saga …

  7. Evi L. Bloggerlady
    June 25th, 2012 @ 11:05 am

    Well lets start peeling this moldy onion of lies.  

    Great news for Aaron Walker.  Great news for the 1st amendment too. http://evilbloggerlady.blogspot.com/2012/06/tomorrow-is-aaron-walker-emergency.html

  8. Evi L. Bloggerlady
    June 25th, 2012 @ 11:08 am

    Yes there is a hearing on July 5, but that this order was granted is a strong signal that the order will be granted then too.  So this is good news for Aaron Walker and very bad news for Brett Kimberlin and his wife abusing friend Neal Rauhauser.  

  9. Pablo
    June 25th, 2012 @ 11:10 am

    Hey, does anyone know who this John F Norton is that filed a Peace Order against Kimberlin this morning?  Search Kimberlin here: http://casesearch.courts.state.md.us/inquiry/inquirySearch.jis

  10. Monitor2112
    June 25th, 2012 @ 11:11 am

    Real good news.  This is but a battle in the on-going war.  

  11. Taxpayer1234
    June 25th, 2012 @ 11:17 am

    Worthing’s first post today:  Kimberlin Kimberlin Kimberlin Kimberlin Kimberlin Kimberlin Kimberlin Kimberlin Kimberlin

  12. Judge Ruled in Aaron Walker’s Favor in Emergency Hearing | The Lonely Conservative
    June 25th, 2012 @ 11:19 am

    […] Kimberlin’s bogus peace order. At a hearing this morning on Walker’s emergency motion the judge ruled in Walker’s favor.UPDATE: Judge Nelson W. Rupp Jr. presided over today’s hearing, with attorney Reginald W. Bours […]

  13. Kimberlin Lawfare Update: Major Pushback By Aaron Walker [Now with court documents] | Popehat
    June 25th, 2012 @ 11:22 am

    […] June 25 to add: A Montgomery County Circuit Court has granted an emergency motion to permit Walker to resume blogging, at least until a hearing on July […]

  14. Aaron Walker Update | Darth Chipmunk
    June 25th, 2012 @ 11:29 am

    […] and TheOtherMcCain are reporting that the Peace Order against Aaron Walker by Brett Kimberlin has been modified and […]

  15. robertstacymccain
    June 25th, 2012 @ 11:32 am

    Yes, I know all about that case and, in fact, interviewed Norton by phone yesterday. I am informed that Norton today filed his own peace order against Kimberlin, intended to prevent Kimberlin from harassing Norton at his home or workplace.

  16. JeffWeimer
    June 25th, 2012 @ 11:37 am

    Isn’t this Rupp guy the judge who would have heard this case in the first place if he weren’t on vacation?

  17. Finrod Felagund
    June 25th, 2012 @ 11:45 am

    Excellent news!  Great job, Stacy, keeping on top of this.
     

  18. JeffS
    June 25th, 2012 @ 12:04 pm

    Excellent news all around, even BK’s counter-motion — that reeks of panic, as it’s an attempt to obscure and delay.  

  19. Taxpayer1234
    June 25th, 2012 @ 12:21 pm

    Now that Kimberlin has to deal with a hard-core legal team, ego implosion will ensue.

    Pass the popcorn.

  20. Wombat_socho
    June 25th, 2012 @ 12:40 pm

     I don’t care about his bloated ego, I just want to see him certified as a “vexatious litigant” so his unending flow of pro se SLAPP suits gets choked to death.

  21. Kaitian
    June 25th, 2012 @ 12:52 pm

    Actually he filed litigation against another person John Norton which no one knows the story behind that.  But today, John Norton filed back at Kimberlin with the same type of order.  You can look up the cases at the District Court of Montgomery County, Maryland website.

  22. Monday Ketch-Up: Victory For Aaron Walker in Maryland! « Nice Deb
    June 25th, 2012 @ 12:55 pm

    […] BREAKING: Aaron Walker Victory in Maryland Emergency Hearing: FROM AN UNDISCLOSED LOCATION At a hearing this morning in Rockville, Maryland, a Montgomery County Circuit Court granted an emergency motion on behalf of attorney/blogger Aaron Walker. The effect of the ruling will permit Walker to resume writing and speaking about convicted terrorist bomber Brett Kimberln. […]

  23. Kaitian
    June 25th, 2012 @ 12:59 pm

    Will you be making a post on this?  I like to know the back story on this.

  24. Before It's News
    June 25th, 2012 @ 1:07 pm

    […] BREAKING: Aaron Walker Victory in Maryland Emergency Hearing: FROM AN UNDISCLOSED LOCATION At a hearing this morning in Rockville, Maryland, a Montgomery County Circuit Court granted an emergency motion on behalf of attorney/blogger Aaron Walker. The effect of the ruling will permit Walker to resume writing and speaking about convicted terrorist bomber Brett Kimberln. […]

  25. Ed Liberale-Griesgram
    June 25th, 2012 @ 1:26 pm

    It amuses me no end to read how you conservatives are “champions of free speech” while you Breitbots get peoples’ Twitter accounts suspended for TOS violations because they disagree with you.  Breitbot, thy name is “HYPOCRITE!”
    {Was going to delete this, but people are having too much fun beating this idiot like a pinata.}

  26. Taxpayer1234
    June 25th, 2012 @ 1:47 pm

    People with Kimberlin’s pathology–when the ego goes, so goes what’s remaining of their sanity. You know, head asplosions and all.

  27. In Victory For Free Speech, Judge Rules In Aaron Walker’s Favor | Lee's Take (Lee Hernly)
    June 25th, 2012 @ 1:47 pm

    […] at The Other McCain, posts that at a hearing this morning on Walker’s emergency motion that the judge ruled in Walker’s favor to overturn said ‘peace […]

  28. Randy_Rager
    June 25th, 2012 @ 1:51 pm

    Love how you accuse conservatives of doing exactly what the Left has been doing forever.

    HYPOCRITE your own damned self.

  29. Truth And Common Sense − Messing with the local judge’s head. The Kimberlin/Walker case takes on some weight.
    June 25th, 2012 @ 2:00 pm

    […] care.   Aaron Walker got arrested on a complaint filed by some leftist named Kimberlin.  The “Other McCain” website as a good rundown.  In essence what happened was a radical leftist used the local […]

  30. Leroy Oddswatch
    June 25th, 2012 @ 2:04 pm

    Isn’t John Norton the fellow that took pictures of Kimberlin chasing him in his car, flipping him off?

    Would explain the timing…

  31. robertstacymccain
    June 25th, 2012 @ 2:06 pm

    Mr. Schmalfeldt, you know something I have never done? I have never gone into the comment field of a liberal blog and posted some kind of childish “I’m rubber, you’re glue” idiocy in an attempt to use the Left’s bandwidth to spread the Right’s message.

    Don’t you think it’s about time you grow up, you infantile narcissistic twerp?

  32. JeffS
    June 25th, 2012 @ 2:06 pm

    Note to world:  Please remember that, in Liberal La-La Land,  it’s “freedom of speech” when lefties are slapped down or restrained for their abusive behavior and/or harassment, but “speaking truth to power” when us wingnuts receive said abuse and/or harassment. 

  33. Datechguy's Blog » Host of DaTechGuy on DaRadio on WCRN, still Catholic and Still with Fedora (also featuring Roxeanne De Luca!)
    June 25th, 2012 @ 2:13 pm

    […] Datechguy | June 25th, 2012 Stacy McCain, Aaron Worthing and many others report that Judge Nelson W Rupp Jr. has granted a temporary stay to […]

  34. Joe_Detweiler
    June 25th, 2012 @ 2:38 pm

    Only because I have seen Lefty-Loos making a deal about this, I would point out that the Patterico call was NOT a 911 call but was rather a call to the Sheriff’s business line…..

    http://patterico.com/2012/05/page/2/

    Some folks have claimed Patterico and his friends are now exagerating the SWATting, as though it really matters where the original call went.

  35. JeffS
    June 25th, 2012 @ 2:46 pm

     That guy never identified himself by name that I am aware.  Personally, I thought he was a tad crazy, although I appreciate his willingness to put himself in the (metaphorically speaking) line of fire.  And the picture of BK’s half a peace sign was priceless.

    OTOH, Kimberlin should know the guy’s name, as he wrote down the license plate of the guy’s car, as per the post. 

    What reasons make you ask this question?

  36. Finrod Felagund
    June 25th, 2012 @ 2:51 pm

    They can’t grow up; if they did, they might become conservatives.
     

  37. Ed Liberale-Griesgram
    June 25th, 2012 @ 2:58 pm

    {more mush from the wimp.}

  38. Ed Liberale-Griesgram
    June 25th, 2012 @ 3:01 pm

     Also, sir… I get right wing comments on my blog all the time.  I believe if I take the time to check, I will find at least one from you.

  39. Garym
    June 25th, 2012 @ 3:10 pm

    Such nice and intelligent language. Yep, a progressive alright.

  40. Randy_Rager
    June 25th, 2012 @ 3:12 pm

    Tweets are not comment sections any more than Leftwingnuts are thinking human beings.

    Given the childishness on display, I think it’s pretty obvious why you’re not writing for publication.

  41. Adjoran
    June 25th, 2012 @ 3:12 pm

     This.

    Over 100 lawsuits filed, and essentially 0-fer the lot.  I’ve heard it said that Maryland has a higher standard than most states for such a designation but if Kimberlin isn’t the textbook case, why bother having the statute at all?  Who would be covered?

  42. Bob Belvedere
    June 25th, 2012 @ 3:13 pm
  43. JeffS
    June 25th, 2012 @ 3:14 pm

    Please be sure to note which of Stacy’s posts are “I’m rubber, you’re glue” whines, or a simple response to whatever the subject of the post was. 

    And, yes, there is a difference.

  44. Rob Crawford
    June 25th, 2012 @ 3:15 pm

    And we should care because…

  45. Wombat_socho
    June 25th, 2012 @ 3:18 pm

     I don’t think he’s smart enough to tell the difference.

  46. Bob Belvedere
    June 25th, 2012 @ 3:19 pm

    Leroy has only one comment made via Disqus.

  47. Adjoran
    June 25th, 2012 @ 3:20 pm

     Yes, he’s the one.  I presume that’s the basis of the peace order Kimberlin filed against him, although taking pictures on public streets isn’t against any law.

  48. Lunchtime Links | Liberty News Network
    June 25th, 2012 @ 3:34 pm

    […] The Other McCain: UPDATED: Aaron Walker Granted Emergency Order in Maryland Hearing, Calls Ruling ‘Important Victory’ […]

  49. Leroy Oddswatch
    June 25th, 2012 @ 3:38 pm

     Just putting the pieces together – a “John Norton” got the ban hammer over at Patterico for inappropriate posting that (apparently) was calling for action against Kimberlin.

    Somebody commenting on this site as “Second Timothy” claimed to have taken a picture of notorious speedway bomber Brett Kimberlin giving him the bird.

    Kimberlin files a “peace order” against “John Norton”.

    Are the incidents related?

  50. The Damn Dirty RINO
    June 25th, 2012 @ 3:39 pm

    Looks like it’s all legal . . ….

    An unfortunate tilt. . . . news on the blogs today. As of today, it appears that several provisions of the Arizona immigration law have been struck down while leaving its core component intact. Also, the Supreme Court overturned a Montana law regulatin…