Just got this from an attorney for Aaron Walker, reporting that the federal lawsuit against Brett Kimberlin was dimssed today:
The court decided to duck the entire matter as a “dispute between political enemies”, and we disagree with his assessment as to the Court’s inability to grant the remedies sought. We disagree with the ruling and its failure to address in any way even a single point of substantive law raised by either party, nor did it take into consideration our response to Rule 11 filed yesterday, or our forthcoming Opposition to the Motion to Dismiss by the Organizations, which the court should have considered before granting that particular motion.
We plan to pursue all available options, including an appeal, once our focus is no longer on the 12/04 hearing in Virginia.
Will provide more information as it becomes available. Next week’s hearing in Prince William County, Virginia, involves pre-trial motions in the separate lawsuit under Virginia state law.
UPDATE: John Hoge has posted copies of U.S. Judge Frederick Motz’s decision in the federal case, including the judge’s rejection of Kimberlin’s request for so-called “Rule 11” sanctions against Walker.
UPDATE II: Click here for the judge’s decision in PDF.
dislikes this
[…] Rauhauser talked to investigators about. Meanwhile, in a somewhat related development, a U.S. district judge in Maryland has dismissed Aaron Walker’s federal lawsuit against Brett Kim…, although Walker’s state lawsuit against Kimberlin (and Kimberlin’s co-defendant […]
Good. So an appeal is possible, even likely. At sometime someone has GOT to stand up to Kimberlin and stop his madness with the court system.
I was disappointed when I read the ruling and came away with the distinct impression that the judge just didn’t want to get involved in it. He wants it to be settled between them without dragging the court into it. Well, this case SHOULD be brought before the court if only to finally get an end to it.
I’m a little less hopeful that things will turn out the way they should on December 4th…guess we’ll find out in less than a week.
Take some solace from the fact that fed and state judges are different breeds.
Who appointed this toad?
I doubt the Virginia Judge will be disposed to dodging his duty in this case. I also think it likely the appellate court will order the District Judge to do his duty in the matter as well. This is really isn’t about politics and it is far from over for Kimberlin.
From your keyboard to God’s inbox.
So is a Rule 11 = 2.2 Rule 5’s? If so that’s awesome!
Well this sucks. I was hoping to pick up a win here as some sort of consolation prize for losing the Presidential contest. It appears we are being spared no indignity.
Unfortunately, no.
Totally predictable. Just like in school where they kick the bully and the bullied both out for fighting. Too much effort to find out who started it. End up in war, eventually. Just ask the Middle East.
So this means I can harass and defame and frame a political enemy and he has no legal recourse? Oh, what fun will ensue!
Ronald Reagan
I love your optimism Bob. Yorkies and Chihuahuas are different breeds, but they are still lap dogs. The courts, with very few exceptions, are the private hunting lodges of Progressives Incorporated.
No, it means their side gets a free pass. I YOU do it, you’ll be fitted for an orange jump-suit and given a free ticket to camp Gitmo for being a domestic terrorist.
Actually, it’s not optimism at all. I have had dealings with the courts on all levels for nearly thirty years as a government employee. Judges at the national and state levels do have different mindsets. Not sure why, but that’s been my experience.
Very disappointing. Kimberlin has been given enormous latitude by the courts since he was blowing things up some years back. The question is, why?
[…] Court judge in dismissed Aaron Walker’s federal lawsuit against Brett Kimberlin — I blogged about that decision, and the PDF of the judge’s ruling is here – Brooks Bayne made a comment at his own […]