The Other McCain

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

Walker v. Kimberlin Case Moves Forward

Posted on | September 18, 2012 | 6 Comments

“Kimberlin is an inveterate and shameless liar, who was convicted of perjury before he graduated high school and who has been called a ‘top-flight con man.’ It is an injustice and a disgrace that an infamous criminal like Kimberlin should be permitted to continue harassing such an innocent and honorable citizen of Virginia as Aaron Walker.”
Robert Stacy McCain, “Speaking of Terrorists,” Sept. 11

When last we left the story a week ago, Aaron Walker’s attorney had filed a “Motion to Compel Discovery” in the lawsuit against convicted terrorist bomber Brett Kimberlin. And as I said:

I’m not generally a legal-document fanboy, but [Walker's attorney Dan] Backer really rips Kimberlin apart in this one.

Remember that Walker is himself an attorney, yet in this case wisely has retained the services of Backer, while Kimberlin — who has filed more than 100 court actions as a “jailhouse lawyer” — has chosen to represent himself, with predictably unfortunate results:

Last Friday, two motions were heard in the Circuit Court in Prince William County (VA). The first was Mr. Kimberlin’s Motion for Continuance that we examined a few days ago. Denied! The second was Mr. Walker’s Motion to Compel Discovery which was, of course, granted. . . .
I haven’t seen a copy of the order yet, but if the judge was generous and allowed him the normal 21-day response time again, Brett Kimberlin now owes answers by 5 October. Under oath.

William J. Hoge’s emphasis on the phrase under oath represents the biggest danger to Kimberlin, a man seemingly incapable of telling the truth. And as Walker himself points out, Kimberlin has actually indicated he’ll plead the Fifth Amendment – in a civil suit?

If you visit Walker’s site — and you should — please be sure to contribute to his legal defense fund. Sometimes the best defense . . .

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Comments

  • http://thecampofthesaints.org Bob Belvedere

    It’s nice to have some good news amidst all the gloom and doom.

  • Matthew W

    Agreed !!

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  • http://wizbangblog.com/ Adjoran

    If Kimberlin asserts the 5th in deposition, the judge will have to be called in to rule on whether it is a legitimate assertion or not. (Despite the claims of some, and their appeals to authority, he cannot be compelled in a civil case to give incriminating evidence which can then be used to prosecute him on criminal charges).

    Judges HATE that – the whole idea of the deposition is to get that crap out of the way before trial so the judge and court aren’t bothered with it. But judges have to make legal rulings, and on 5th Amendment refusals, this one will have to rule on every single question.

    So discovery may or may not be the gold mine some expect. Certainly Kimberlin will not be compelled to confess to involvement with Mrs. Schyphers’ murder or details of his non-profit operation that might not be kosher for Passover. But it’s clear that by the time the trial comes, the judge will be very tired of Kimberlin’s nonsense.

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