Judge Scolds Brett Kimberlin

Posted on | April 9, 2014 | 59 Comments

ROCKVILLE, Maryland — Brett Kimberlin was scolded by a Montgomery County judge today for illegally altering a document in Kimberlin’s lawsuit against Aaron Walker and other bloggers.

Circuit Court Judge Joan E. Ryon verbally admonished Kimberlin after he admitted that he had fabricated evidence relating to his attempt to serve notice of the lawsuit on one of the defendants, conservative New Media actvisist Ali Akbar.

“Did you alter the document?” Judge Ryon asked Kimberlin, after he had attempted to excuse the fabrication of a post office record. When Kimberlin again attempted to avoid a direct answer, Judge Ryon said: “You’re not answering my question.”

Kimberlin then admitted that he had altered the document, but sought to excuse the error by pointing out that he is pursuing his suit against the bloggers on a pro se basis, acting as his own attorney. To that, Judge Ryon responded: “Don’t even use that with me.”

Kimberlin, a convicted bomber who became famous for claiming once to have sold marijuana to former Vice President Dan Quayle, is suing five bloggers in Maryland court, and has also filed a federal lawsuit against a total of 21 defendants, claiming that they have conspired against him for purposes of harassment.

Patrick Ostronic, attorney for defendants in the Maryland case, asked the court to sanction Kimberlin for altering a postal document previous submitted as evidence in preliminary filings. After Kimberlin admitted during Wednesday’s hearing that he had altered the document, Judge Ryon said she would not dismiss the case against Akbar, as Ostronic had asked, but said she would fine Kimberlin if she had statutory authority to do so. The judge called a recess to consult Maryland statutes, and returned to say she could find no authority for such a penalty. However, Judge Ryon sternly admonished Kimberlin about submitting altered documents.

Kimberlin filed the Maryland lawsuit seeking $1 million damages last September, and sued for $2 million in federal court in October. In the federal lawsuit, Kimberlin has admitted to forging a summons for Twitchy, a popular Twitter aggregation site started by syndicated columnist Michelle Malkin.

Category: The Kimberlin Files

Comments

59 Responses to “Judge Scolds Brett Kimberlin”

RS
April 9th, 2014 @ 1:30 pm

Interesting defense: Fraud on the court is excusable if, and only if, a lawyer is not involved.
Don’t Even Use That With Me | hogewash
April 9th, 2014 @ 1:30 pm

[…] codefendant Stacy McCain will have a more detailed report at his […]
librarygryffon
April 9th, 2014 @ 1:40 pm

Maybe she’d actually read up on him, and knew that he is a paralegal, and that he has, by his own admission, filed over 100 lawsuits. Neither fact supports the “poor befuddled pro-se” claim.
Anamika
April 9th, 2014 @ 1:43 pm

The most successful criminals might be lawyers who have gone into politics: they write/change laws, making a ($$$$$) crime perfectly legal.
Frankie
April 9th, 2014 @ 1:51 pm

So that is twice now that Kimberlin has admitted to forging documents. Once in Federal court, once in state court. Damn he is a productive, if not especially skilled, forger.

I see Kimberlin’s PR flack is busy spinning this as a big defeat for the defendants since the judge didn’t approve sanctions.
Some1
April 9th, 2014 @ 1:56 pm

So…basically the judge said “Don’t do this again but the statute won’t let me fine you if you do”? What’s the incentive for Kimberlin to start playing by the rules? He already knows he’s got no case.
Anamika
April 9th, 2014 @ 1:57 pm

The difference between the world in the news and the world sometimes described by people and the world my own half witted slab of meat and goo encounters every day is interesting.

There are bombings and stabbings going on everywhere, I hear, and yet hardly anyone I meet or talk to is anything less than kind to me. Far kinder, in fact, than the dogs that get so much good press.

If it wasn’t told to me or shown to me secondhand, I would have imagined the human race to be the sweetest animal on earth, such is the way they deal with me in person. If someone comes up and shoots me this afternoon, it will be so surprising that I’d have to wonder if it was my own fault, somehow, because everyone else is nice.

Maybe, that is why the victim often blames herself. There is so much good so why isn’t she included in that all the time? What was it about her/him that was unworthy of the kindness all around her?

I suppose a way to get around those feelings might be to look for all the bad stuff in the world until it looks like it is the normal way of human behavior and in the majority the same way that a couple of shark attacks makes beach goers stay out of the water.
Cole
April 9th, 2014 @ 2:01 pm

Caught forging and all he gets is a scolding. So much for justice.
richard mcenroe
April 9th, 2014 @ 2:14 pm

If it wasn’t for the commute I’d run for MD judge in a second. No responsibility, no accountability and you don’t even have to uphold the authority and procedures of your office.
Frankly Bored
April 9th, 2014 @ 2:25 pm

Sooooooooo…in Maryland…if you falsify documentation relating to case before the courts…you get a breathless expression of exasperation? How horrifying! One suspects that if he does this perhaps two or three-hundred more times, the court might be moved to suggest that he stop.
Dana
April 9th, 2014 @ 2:31 pm

The esteemed Mr Kimberlin was released early; doesn’t that mean that he’s still on probation, and could be sent back to jail for this bovine feces?
Rob Crawford
April 9th, 2014 @ 2:36 pm

I’m more surprised the judge has never heard of contempt of court.
Rob Crawford
April 9th, 2014 @ 2:39 pm

It certainly is interesting how much you can get away with.

I wonder if this tolerance is applied universally, or just to bombers who lied to slander a Republican politician.
ZZZZZZZZ
April 9th, 2014 @ 2:40 pm

zzzzzzzz…..
PatDissent
April 9th, 2014 @ 2:43 pm

So let me get this straight… lying Goddamned scumbag weasel bomber ADMITS in open court to perpetrating the crime of forgery and walks out of the court a FREE MAN?

WTF?!?

No matter how astonished one is one must ask : is this judge dumber than a fencepost? Sharp as 10 pounds of wet leather? Could this idiot not figure out how to call 911 and have the police come and arrest him? Exactly what does he have to do TO get arrested? Harrass some ‘gays’? Not believe in “Global Warming”… WHAT?!?
rather be anon
April 9th, 2014 @ 2:49 pm

If you want to write long off-topic posts, you should do it on your own blog.
sarah wells
April 9th, 2014 @ 2:53 pm

Will his admission of yet another forgery to cover his “mistake” (his deliberate choice to gain advantage via making false claims about service, and the bonus cheap out on postage) be at all useful in the federal suit? She should have thrown Kimberlin out on his ass for good, dismissing all claims. One forgery would be enough to show bad faith and abuse of the courts in courts around here.
sarah wells
April 9th, 2014 @ 2:56 pm

What?
BredRightAndTrue
April 9th, 2014 @ 3:02 pm

WTHuh? What are you blathering on about?
Anamika
April 9th, 2014 @ 3:11 pm

Yes yes — that is it — it is now a “hard ball” world — at least not in Middle East and so many nice people… where did they all go?? Disappeared behind the veil of incredulity and triggered buttons that need squashing.

What you see is what you get, but until this freakin’ bloody legalSLEAZE hardball maneuverings and manipulations are not hiding guiding light — must stay in laying low position…someone should be helping here, but no.

Maybe nice “mental health” lawsuit would get more favorable attention.

So driven to edge…mom always said, (nursery rhyme)

“and when she was good
she was very very good,
but when she was bad,
she was horrid…”

I can hardly wait to see what today brings — whichever sister is not in strait jacket first gets all the kids!

I guess need prayers, but up here there are only Lutherans, Jehovah’s Witnesses, and liquor stores…lucky lucky lucky! So nice and cool and old growth, beautiful — gorgeous — yet all walls are up. Wish could take down and put back appropriately — like opening the Barbie Dream House and put away when done.

Someday it will all be over, and then will laugh again…
canuckamuk
April 9th, 2014 @ 3:25 pm

zzzzzzzz
Katie Scarlet
April 9th, 2014 @ 3:35 pm

IMNAL but isn’t there a parole violation to consider in an admitted forgery?
Katie Scarlet
April 9th, 2014 @ 3:37 pm

Did I miss Mass or something? Wachya going on about there?
RS
April 9th, 2014 @ 3:41 pm

I see we forget to take our meds this morning. Shall I call someone?
Dianna Deeley
April 9th, 2014 @ 3:49 pm

She wants us to go haring off after her.

Please, don’t.
Anamika
April 9th, 2014 @ 3:52 pm

The narcissistic self- absorption of each individual is staggering.
Oxymoronic to argue self-righteous “me me me” — only *i* know what is happening — god//dess tells me — it is MY world which is real. The same effect as each locust in the hoard insisting to maneuver preconceived realities to conform with their personal reality, because that is what is comfort to them. Reminds of Far Side cartoon penguins and one is singing, “I’ve got to be MEEEEE…”

Now we are hearing of “blame the victim” — those damned “victims” — they do that on PURPOSE. Even beyond being patronizing, these attitudes reek with the stench of self-righteous (but legal) psycho-babble.
rustypaladin
April 9th, 2014 @ 3:59 pm

That post is so confusing that I wouldn’t know where to start even if I were so inclined.
rustypaladin
April 9th, 2014 @ 4:05 pm

IMNAL: We need to remember the long game. This didn’t end today but the judge may simply be making an airtight case to declare him a vexatious litigant. To the courts, forging a document does not exclude the case having merit. Though such an action almost certainly weighs against him.
Veep: The Sarah Who Could’ve Been | Regular Right Guy
April 9th, 2014 @ 4:08 pm

[…] Judge Scolds Brett Kimberlin […]
Mm
April 9th, 2014 @ 4:37 pm

I think she/he is stoned.
Escher's House
April 9th, 2014 @ 4:58 pm

I’d guess the probation period has long since run out.
Escher's House
April 9th, 2014 @ 5:03 pm

Yes, I counsel patience. The excruciating, expensive wheels of justice grind slow, but exceedingly fine. When a judge calls a litigant on fraud, she will see everything he writes, says and does from here on with a gimlet eye. After today, Brett’s goose is well and truly cooked. Now, it’s just a matter of letting it sit until it’s ready to be carved.
daleyrocks
April 9th, 2014 @ 5:44 pm

Squirrel.
Kimberlin Unmasked
April 9th, 2014 @ 6:40 pm

Disgusting. And disappointing that nothing really happened as a result of the admitted forgery.
Kimberlin Unmasked
April 9th, 2014 @ 6:41 pm

I wonder if altering a postal document like a return receipt and putting it into a court filing as a legitimate document from the postal service constitutes mail fraud.
Paul H. Lemmen
April 9th, 2014 @ 6:48 pm

While he is not on direct supervision, he is still on Federal Parole until 2030 or thereabouts …
librarygryffon
April 9th, 2014 @ 7:19 pm

IANAL, but from what I can find, mail fraud seem to mean using the mail service to commit a fraud as in sending items through the mail meant to deceive the recipient. It does not seem to cover forging postal service documents themselves in order to commit a fraud not transmitted through the mail.
Dianna Deeley
April 9th, 2014 @ 7:25 pm

Quite.
rather be anon
April 9th, 2014 @ 7:52 pm

Is there a rule against bots posting comments here?
Fudge
April 9th, 2014 @ 8:15 pm

Lame Cherry wanna be?
Quartermaster
April 9th, 2014 @ 8:24 pm

Perhaps she does not have the authority to fine him, but I would think she has the authority to refer him for prosecution. I would also think she could hold him in contempt for altering documents, but I could be wrong there. A referral at a minimum and dismissal of the case, however, certainly.
Quartermaster
April 9th, 2014 @ 8:27 pm

There is probably an entire alphabet soup of charges that could be brought against him if a prosecutor really wanted to go after him. I’d say he’s being protected by someone.
WaltPimbley
April 9th, 2014 @ 8:44 pm

RT @smitty_one_each: TOM Judge Scolds Brett Kimberlin http://t.co/CmBoVzFyWI #TCOT
Founding Pundit
April 9th, 2014 @ 9:47 pm

As Tom Cruise told Ed Harris in “The Firm,” it’s not sexy, but it’s got TEETH.
SPQR9
April 9th, 2014 @ 9:48 pm

Brett Kimberlin sues for defamation, damage to his reputation, because his past history as a criminal is being repeated … and in the lawsuit commits a crime.

Brilliant tactic.
ZZZZZZZZ
April 9th, 2014 @ 10:16 pm

BUNNIES!!!!!!!
WarEagle82
April 9th, 2014 @ 10:27 pm

TDPK got a “stern warning” from the judge.

Wow, now that is what I call frightening.

I suspect TDPK has now been scared straight and will go forth and lead a quiet and respectable life abiding by the spirit and letter of all federal and state laws and his poop will henceforth smell like lilacs…

WHAT A BLOODY FARCE!!! What does it take to get a little justice in The People’s Democratic Republic of Maryland? Seriously!
WarEagle82
April 9th, 2014 @ 10:29 pm

Yes, TDPK is on the cutting edge in several ways. Evidently nobody has ever forged a summons before. There is literally no precedence.
WarEagle82
April 9th, 2014 @ 10:30 pm

Wow! You are consistently long-winded in your bloviations. I don’t even bother to read your posts any longer. I am now preemptively mock your posts…
richard mcenroe
April 9th, 2014 @ 11:34 pm

It’s Maryland. I have a growing concern the judge could actually throw this to Kimberlin,