TRIAL BEGINS TODAY
Posted on | August 11, 2014 | 63 Comments
Today in Rockville, Maryland, in the Circuit Court of Montgomery County, Aaron Walker, John Hoge, Ali Akbar and myself stand trial for defamation and false light invasion of privacy in the case of Kimberlin v. Walker, et al. This case originally included other claims (stalking, harassment, etc.) that were through out in the preliminaries, and I’m still astonished that the remaining claims were not also dismissed. At dinner last night, I kept repeating that word — “astonished” — to describe my feeling that the case is actually going to trial. Twenty-eight years in the news business without ever being accused of libel, and I get sued for defamation by a notorious bomber.
For a discussion of the issues in the case, see the item Ken White did when Kimberlin sued last September: “Help fight evil in Maryland.” You can help support free speech rights:
Cynthia Yockey has kindly offered her prayers and suggestions.
Your prayers are earnestly requested, and please remember the Five Most Important Words in the English Language:
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August 11th, 2014 @ 8:36 am
Easy enough for me to say, but…..
You’re gonna win this case.
August 11th, 2014 @ 9:54 am
[…] TOM: Trial begins on Monday… […]
August 11th, 2014 @ 9:59 am
[…] You are in my prayers and I wish you the best. […]
August 11th, 2014 @ 10:04 am
Vaya con Dios.
August 11th, 2014 @ 10:22 am
Good luck. I am praying for you.
August 11th, 2014 @ 10:54 am
Good luck!
August 11th, 2014 @ 10:56 am
“that were through out…” Henh?
August 11th, 2014 @ 11:25 am
Slipped ya a Jackson for bail, beer or taking care of the judge…or some combination thereof as needed.
August 11th, 2014 @ 11:46 am
The judge who refused to throw this out deserves a tar and feathering, an American tradition for corrupt and incompetent public servants that needs to make a comeback.
August 11th, 2014 @ 11:47 am
Some initial news from the courtroom: a generally favorable sign. Judge has instructed the parties that rules and law will be equally enforced by the court on both sides of the controversy.
Brett insisting im pro se, I’m pro se; He should not be held to “technicalities.” Judge says standards will apply across the board.
August 11th, 2014 @ 11:48 am
Not supposed to be breaking news that a judge declares he will be fair to both sides. That’s his Flukeing JOB…
August 11th, 2014 @ 11:48 am
First motions will be disposed of, then jury selection will begin.
August 11th, 2014 @ 11:51 am
Chill, this does not help right now. Let it play out.
August 11th, 2014 @ 11:51 am
I understand your anger, but let’s wait and see what happens. Right now is not a good time.
August 11th, 2014 @ 11:57 am
Good luck and God bless Stacy.
August 11th, 2014 @ 11:59 am
Brett was asking for relief from “technicalities.” NOPE
August 11th, 2014 @ 12:03 pm
Stepehn Sheiko has tweeted some good news today in the federal copyright case:
August 11th, 2014 @ 12:04 pm
since embed is uncooperative: https://twitter.com/stephensheiko/status/498858926985986048
August 11th, 2014 @ 12:20 pm
I hope this turns out as it should, with Kimberlin paying costs to the Defendants and losing!
August 11th, 2014 @ 12:21 pm
I think he meant “throne.”
August 11th, 2014 @ 12:33 pm
thrown
August 11th, 2014 @ 12:40 pm
Judges refusing (or not bothering) to do their job and clear the dockets of clearly frivolous cases unjustly cost Americans money for lawyers they should never have to pay and do nothing but line the pockets of attorneys.
August 11th, 2014 @ 12:40 pm
Prayers -n- God Bless Stacy 8-|
August 11th, 2014 @ 12:48 pm
Worst case scenario, you’ll get to cross train with the Tennessee football team.
August 11th, 2014 @ 12:52 pm
Assuming a win for Team Free Speech, an on the record verdict saying it is not defamation to talk about known facts of TDPK’s life or express opinions about him may be better than a dismissal by a judge for insufficient or flawed pleadings which merely allow TDPK to sue again. Res Judicata.
August 11th, 2014 @ 1:57 pm
I second that. And also, do not, DO NOT approach any unattended luggage. Report it and back away.
August 11th, 2014 @ 2:32 pm
Apparently, the other way around.
August 11th, 2014 @ 2:52 pm
Of course, they could hold him overnight in a cell with steroid enhanced lesbian feminists.
Here comes johnny …
August 11th, 2014 @ 3:57 pm
As I am fond of saying, from your keyboard to God’s monitor.
August 11th, 2014 @ 4:30 pm
Um… pretty sure there’s not really a trial in this case today. Maybe a case management conference with the new judge? You are a smart guy with the facts on your side, but you should seriously consider hiring legal counsel — this makes me cringe a little. Sending good luck and prayers your way anyway.
August 11th, 2014 @ 4:40 pm
Are there different cases running simultaneously with McCain named as a defendant? The docket I found naming him (and everyone else in the right-leaning blogosphere) doesn’t look anywhere near ready for trial. If I’m wrong, I’ll hit the freaking tip jar.
August 11th, 2014 @ 4:43 pm
There are two cases. This is the first.
August 11th, 2014 @ 5:02 pm
Hitting the tip jar now. It was someone’s reference to a federal judge that threw me. The federal case is still young. The state case is apparently taking off. Clearly you are inundated. Which obviously is the vexatious point of any multifront, frivolous litigation. Good luck in trial today in Montgomery County Circuit Court, Stacy.
August 11th, 2014 @ 5:14 pm
Indeed. Give ’em hell, Stacy.
August 11th, 2014 @ 5:39 pm
That’s right. A trial is not necessarily a bad thing.
August 11th, 2014 @ 6:17 pm
Maybe he was talking redneck and meant “threw.”
August 11th, 2014 @ 6:19 pm
GO Big Orange!
August 11th, 2014 @ 7:18 pm
I hope so, but the very fact that this black robed monarch allowed a trial to happen at all is not a great sign.
August 11th, 2014 @ 7:37 pm
Just so you know, I’m not the proprietor of these pages, if you were replying to my comment. I’m just a schmoh commenter.
August 11th, 2014 @ 8:02 pm
[…] Stacy McCain posted a brief update on the legal proceedings in the case of the Speedway Bomber who is suing bloggers. […]
August 11th, 2014 @ 8:44 pm
I completely understand your frustration. But to be prudent, it is probably not a good idea for us to potentially alienate this court.
August 11th, 2014 @ 8:46 pm
He didn’t, another judge did. Maryland has a weird system.
August 11th, 2014 @ 10:52 pm
I cannot wait to hear about BK quizzing prospective jurors.
August 11th, 2014 @ 10:55 pm
“Schmoh” in the vernacular for a “common joe” is “schmoe” or “shmoe”.
“Schmoh” proper is a particularly unpreposessing form of Japanese theatre known, if at all, for its pedestrian performers.
Just FYI
August 12th, 2014 @ 7:08 am
I hereby endorse Richard McEnroe as a source that is at least as helpful as a google search…and with fewer annoying ads…
August 12th, 2014 @ 8:35 am
I was deployed the obscure Yiddish version used only in several small villages in the Western Carpathians. : )
August 12th, 2014 @ 4:21 pm
The most common spelling I’ve seen us anonymous, non-Jewish white folk use is ‘shmoe.’
I think people confuse the Anglicanized spelling of ‘schlep’ as a spelling guide when writing ‘shmoe.’
August 12th, 2014 @ 4:24 pm
No, we’re both rong.
It was ‘thrawn.’
August 12th, 2014 @ 4:28 pm
The redneck past tense of th’o, as in, “Hey Delbert, th’o me th’ hammer,” is th’ew. As in, “Dammit, Delbert, you done th’ew it where I cain’t catch it.”
August 12th, 2014 @ 4:32 pm
But I was talking ’bout a Georgia Tech trained redneck.