The Other McCain

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U.S. District Court in Maryland Dismisses Walker v. Kimberlin Federal Lawsuit

Posted on | November 28, 2012 | 18 Comments

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.

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Comments

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  • Monitor2112

    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.

  • http://thecampofthesaints.org Bob Belvedere

    Take some solace from the fact that fed and state judges are different breeds.

  • http://twitter.com/richard_mcenroe richard mcenroe

    Who appointed this toad?

  • Quartermaster

    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.

  • http://thecampofthesaints.org Bob Belvedere

    From your keyboard to God’s inbox.

  • BruceC

    So is a Rule 11 = 2.2 Rule 5′s? If so that’s awesome!

  • MrPaulRevere

    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.

  • Wombat_socho

    Unfortunately, no.

  • http://boogieforward.us/ K-Bob

    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.

  • http://rhymeswithright.mu.nu RhymesWithRight

    So this means I can harass and defame and frame a political enemy and he has no legal recourse? Oh, what fun will ensue!

  • http://twitter.com/wjjhoge WJJ Hoge

    Ronald Reagan

  • Gunga

    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.

  • Gunga

    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.

  • http://thecampofthesaints.org Bob Belvedere

    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.

  • http://saberpoint.blogspot.com Stogie Chomper

    Very disappointing. Kimberlin has been given enormous latitude by the courts since he was blowing things up some years back. The question is, why?

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