The Other McCain

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


Posted on | December 4, 2012 | 83 Comments

MANASSAS, Virginia
Prince William County Circuit Court Judge Richard B. Potter has just dismissed Aaron Walker’s civil lawsuit against Brett Kimberlin, Neal Rauhauser and Ron Brynaert. Will have further details momentarily.

UPDATE: Today’s hearing began shortly after 11 a.m. and was over by noon. Several preliminary motions had been consolidated into one hearing, and the motion heard first was Kimberlin’s motion to dismiss. Clearly, Judge Potter had already decided to grant Kimberlin’s motion, but went through the formality of a hearing.

Acting as his own attorney, Kimberlin argued first, and showed a disposition to argue the facts of the case rather than to argue law.  Walker’s attorney Dan Backer objected to this, and his objection was upheld, Judge Potter ordering Kimberlin to stick to the law. Backer briefly countered each of Kimberlin’s points, and then Kimberlin was given an opportunity to respond, once again arguing facts more than law.

Then Judge Potter called a 10-minute recess and returned to read a decision — dismissing the case — that quite obviously took a lot longer than 10 minutes to write. In other words, the judge’s decision was written in advance of the hearing.

UPDATE II: John Hoge is here at the McDonald’s where I’m filing this. My co-blogger Wombat is here, as is Walker’s attorney, Dan Backer, who is obviously disappointed. Particularly disturbing was that Kimberlin never complied with discovery requests in the case, while Walker did — and Kimberlin used documents supplied by Walker to argue that the case was without merit, while Walker never got the opportunity to depose witnesses in the case.

“The precedent set here is just terrible,” Backer said, talking about how Judge Potter ignored Kimberlin’s violation of court orders to seal the discovery materials. “Why should anyone comply with discovery?”

Backer discussed the possibility of appeals in either the federal suit in Maryland or the Virginia suit, but for today it’s a complete bummer.

UPDATE III: Da Tech Guy writes that “the big story is not so much the details but the emboldening of some very bad characters.” It’s actually worse than that: It’s not just bad characters, but bad behavior that have been emboldened. Why shouldn’t everyone with a grudge resort to the methods Kimberlin & Co. employed against Walker?

The targeting of political bloggers, the cyberstalking and harassment, are all now acceptable tactics for which there is evidently no legal recourse. Thanks, Judge Potter.

UPDATE IV: Linked by The Lonely Conservative — thanks!



  • Dustin


  • Monitor2112

    I am utterly speechless. I hope he still gets sanctioned for his disregarding several court orders, but I have no faith in that anymore.

  • Dustin

    No, my faith in the justice system is pretty damn well broken at this point.

    What kind of society will we have when you can frame people, attack them, smear them, cost them their livelihoods with rather overt terrorism, and the courts don’t care?

    That could lead to extralegal reprisals. Lawlessness invites lawlessness. Aaron has been a saint waiting for the justice system to get this right. Many will learn the wrong lesson from this.

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  • Quartermaster

    This is shocking. We are truly a lawless society. Buy guns. Buy ammo. we’re going to need it very soon.

  • scrubjay

    The federal case was dismissed because there was no claim for compensatory damages. I await the update to see if there was a technicality problem with this suit. I can’t believe that the case lacked merit.

  • Monitor2112

    I think Kimberlin convinced the judge this was nothing but a damn blogger war. That is the only thing I can see that would make sense dismissing the case.
    All along Kimberlin has been making trivial motions and making the case against him seem trivial as well.

  • Dianna Deeley

    Just peachy.

  • scrubjay

    What did the judge say was the reason for the dismissal? Did the judge buy any of Kimberlin’s arguments? What about all the precedents for the suit in Backer’s petitions?

  • Scoob

    We have a S. Ct. case that says a mandate is not a tax in one part of the opinion and is a tax in another part. This is just more evidence that we have become a country of men, not laws.

  • Dianna Deeley

    About Update II: So, Kimberlin gets away with disseminating everything Aaron Walker submitted, despite Kimberlin having requested the sealing of all discovery, and then the suit is dismissed? And Kimberlin uses the discovery material to get the case dismissed?

    Does this make sense? Or is there going to be some explanation, such as the judge saying he really doesn’t see the point in even trying to sue someone as shameless as Kimberlin?

  • Laura

    I wonder how much he paid the judge.

  • DaveO

    Judge Potter was reached, either directly or indirectly. What does the judge or his family have to hide?

  • McGehee

    Shut up, Kimberlin.

  • King

    Why is anyone shocked? The judge and Kimberlin are on the same team. Kimberlin and his ilk are the digital muscle for the left. The judge knows where his big government bread is buttered. Did you think the leftist judge would rule against the leftist terrorist? What world have you been living in. As long as you keep running to the government for a remedy you will be disappointed.

  • William Schmalfeldt

    I suppose that if anyone had actually PROVEN that Kimberlin dispensed those documents, they might have had a case. But you can’t just SAY someone did something. You have to PROVE it.

  • ACORN Reborn

    So, you are saying you are opposed to free speech?

  • ACORN Reborn

    It was dismissed because it had no merit. Walker is almost as crazy as Ron Brynaert. He’s done being a lawyer and he can’t fund raise as a victim any more. He’ll be supersizing Virginians before you know it.

  • McGehee

    You’re on private property, trolling. No free speech for you.

  • Dianna Deeley

    When sealed materials are placed in open court documents by the defendant, that’s pretty much ample proof that the defendant (the same person who requested the sealing of discovery) disseminated the documents.

    It takes work to try to say sealed material was not disseminated by the defendant when he places said material in open documents. But, hey, maybe it was done by the document fairies!

  • ACORN Reborn

    Yes. Walker screwed Pat Frey, Mandy Nagy, Dustin Farahnak, Mike Stack, and whomever this ZAPEM person might be. They’ve all got to be thrilled with Backer’s careful handling of that discovery response.

  • William Schmalfeldt

    Free speech is only for those who agree with McCain. That’s what this whole case was about.

  • Dianna Deeley

    That made absolutely no sense.

  • Dianna Deeley

    Is RS McCain either plaintiff or defendant? Why, no, he isn’t.

    However, this is his blog. Which makes you – angels and ministers of grace preserve us – his guest. Insulting one’s host is…apt to get one tossed. Deservedly.

  • ACORN Reborn

    The court win was nice for Kimberlin, Rauhauser, Brynaert, but that discovery is a time bomb right in the middle of all their games.

  • ACORN Reborn

    McCain can’t famewhore fighting with Anonymous & Occupiers if he deletes my comments, now can he?

  • rjacobse

    Ah, yes, ACORN. The organization that was PROVEN to support vote fraud. And we should believe your “99.44%” statistic, or anything else you say why? ACORN is demonstrably an organization of and for liars; by extension, we can assume that you, sir or ma’am, are a liar.

  • jwallin

    More and more, I am convinced that some agency (small a) is at work behind the scenes running interference for Kimberlin.

    We can see a trail of negative decisions that seem to have no basis in logic or law (if they do they are very thin and applied merely to provide an excuse to rule against Walker).

    They are arbitrary and also have been formed and formulated long before any arguments are heard.

    Kimberlin is being protected.

  • ACORN Reborn

    Walker and Backer got thrown right out of court. The judge did everything but make them put their hands on the table so he could break fingers with his gavel. Reports from the courtroom indicate it was an artful beatdown, prepared well in advance, and echoing the federal suit dismissal. Walker lost his job because he’s an indecent twerp, and he can never reopen the case.

  • some1

    Given that the court says Kimberlin’s tactics are legit, it’s time to employ those same tactics against him.

  • Dianna Deeley

    Who has the time? Or the malice?

  • Dianna Deeley

    First, he’d have to care about “famewhoring”.

  • ACORN Reborn

    I agree. What WAS Walker thinking, sending 262 pages of email when only about a dozen were responsive? Walker’s case is lost, Frey could face prosecution, and the others mentioned may be at risk as well. It almost looks like the GOP money men are done with the Tea Party, and he was paid to herd them together and set them up.

  • JeffS

    Hey, Neil! Finally come out of hiding, eh?

  • William Schmalfeldt

    What do you see as “those tactics,” someone?

  • William Schmalfeldt

    Or the legal standing? Or the reason?

  • JeffS

    Didn’t take Kimberlin’s trolls very long to surface, huh?

  • ACORN Reborn

    Huma Abedin is an agent of the Muslim Brotherhood. Her operation hired Rauhauser after Weinergate, which was both payback and early recon for the Occupy movement. Rauhauser is one of six top infrastructure people for Anonymous, and they provide tech support for the Occupiers. It’s literally a Wahabi funded fifth column within our borders, and only a select few people with the ability to ‘connect the dots’ are aware of it.

    Something must be done! Call the CIA immediately!!!

  • SPQR

    What a bizarre fantasy life you lead.

  • egd

    99% of Americans are revolted by creatures like convicted terrorist Brett Kimberlin and his associates.
    One has to wonder, after maiming a man and forcing him to commit suicide, being found responsible for his murder, and avoiding repaying his widow, whether Kimberlin really is the compassionate soul that he holds himself out as.
    Or if he’s just another sad terrorist.
    On a completely unrelated note, I wonder if the President’s kill list will still be around after Obama leaves office. Hypothetically speaking, of course.

  • Mike B

    OK, so you read a bar of Ivory soap and decided that it was statistical evidence that agreed with you. That is not evidence. I’m rather revolted by the trouble Kimberlin has caused, and further sickened by the official countenancing of same by a sitting judge. That is what people mean by “lawless society” – where the will of a few are substituted for an objective standard of public behavior.

    You agree with what happened because you have this delusion that you’ll be one of those in charge, with the authority to decide who speaks, who works, and ultimately who lives. This is the fantasy. It NEVER works that way. And it isn’t the resistance that is the great danger to useful tools such as yourself… it’s always the machine you’ve helped to build. It destroys its own, invariably, in purges and “reforms” and Great Leaps Forward. The only difference is that we see it coming, and the likes of you never do. It would be truly pitiable if so many innocent people didn’t suffer the consequences of such willful complicity.

  • richard mcenroe

    So our party won’t stand up for us, our courts won’t stand up for us, and bad bald Bobby S says “Bring it.”

    Anybody got a better option?

  • scrubjay

    Still, an appeal of the dismissal is possible and, if granted, the case could proceed. I want to see the particulars in the judges order. Backer listed many points and authorities in his petition. The judge would have to explain why he did not consider them.

  • JeffS

    Thanks for confirming you’re close to NR….if not just one of his sock puppets.

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  • Wombat_socho

    Sorry it took a while.

  • jwallin

    Conspiracies do and have existed.

    Most,when discovered, are shocking and unimaginable.They tend to have been named as possible then denigrated by the cognoscenti as fantastic or impossible but those who declaimed the longest and loudest about their impossibility were amongst the conspirators.

    In reference are the McCarthy hearings. turns out the government was (and is) filled with communists and communist sympathizers and spies.

    Now we face a radical and well financed Islamic conspiracy. Is it so far fetched to think that they wouldn’t use their money to help insert those who would aid them in inside intelligence and actual operatives?

    The only true question isn’t whether it’s happening, it’s WHO they are.

    EDIT just realized that the commenter I was answering was banned. but my answer still serves.

  • Evi L. Bloggerlady

    That is why we have appeal courts.