The Other McCain

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

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:

BomberSuesBloggers.com

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:

HIT THE FREAKING TIP JAR!

 

 

Comments

63 Responses to “TRIAL BEGINS TODAY”

  1. texlovera
    August 11th, 2014 @ 8:36 am

    Easy enough for me to say, but…..

    You’re gonna win this case.

  2. Court Room Scenes | Batshit Crazy News
    August 11th, 2014 @ 9:54 am

    […] TOM: Trial begins on Monday… […]

  3. Brett Kimberlin vs. the Universe (Trial begins today). | Batshit Crazy News
    August 11th, 2014 @ 9:59 am

    […] You are in my prayers and I wish you the best. […]

  4. RS
    August 11th, 2014 @ 10:04 am

    Vaya con Dios.

  5. Evi L. Bloggerlady
    August 11th, 2014 @ 10:22 am

    Good luck. I am praying for you.

  6. samk
    August 11th, 2014 @ 10:54 am

    Good luck!

  7. Tanuki Man
    August 11th, 2014 @ 10:56 am

    “that were through out…” Henh?

  8. richard mcenroe
    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.

  9. ConstantineX1
    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.

  10. Some early news from MD
    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.

  11. ConstantineX1
    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…

  12. Some early news from MD
    August 11th, 2014 @ 11:48 am

    First motions will be disposed of, then jury selection will begin.

  13. Evi L. Bloggerlady
    August 11th, 2014 @ 11:51 am

    Chill, this does not help right now. Let it play out.

  14. Evi L. Bloggerlady
    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.

  15. ChandlersGhost
    August 11th, 2014 @ 11:57 am

    Good luck and God bless Stacy.

  16. Some early news from MD
    August 11th, 2014 @ 11:59 am

    Brett was asking for relief from “technicalities.” NOPE

  17. Some early news from MD
    August 11th, 2014 @ 12:03 pm

    Stepehn Sheiko has tweeted some good news today in the federal copyright case:

    Hopefully the first of many positive developments today. http://t.co/aNNstlzYce cc: @Kimberlinunmask @wjjhoge @aaronworthing @rsmccain @ali— Stephen Sheiko (@stephensheiko) August 11, 2014

  18. Some early news from MD
    August 11th, 2014 @ 12:04 pm
  19. Evi L. Bloggerlady
    August 11th, 2014 @ 12:20 pm

    I hope this turns out as it should, with Kimberlin paying costs to the Defendants and losing!

  20. K-Bob
    August 11th, 2014 @ 12:21 pm

    I think he meant “throne.”

  21. Katie Scarlet
    August 11th, 2014 @ 12:33 pm

    thrown

  22. ConstantineX1
    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.

  23. Vicky Fisher
    August 11th, 2014 @ 12:40 pm

    Prayers -n- God Bless Stacy 8-|

  24. Kirby McCain
    August 11th, 2014 @ 12:48 pm

    Worst case scenario, you’ll get to cross train with the Tennessee football team.

  25. daleyrocks
    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.

  26. Ghost
    August 11th, 2014 @ 1:57 pm

    I second that. And also, do not, DO NOT approach any unattended luggage. Report it and back away.

  27. Some early news from MD
    August 11th, 2014 @ 2:32 pm

    Apparently, the other way around.

  28. Kirby McCain
    August 11th, 2014 @ 2:52 pm

    Of course, they could hold him overnight in a cell with steroid enhanced lesbian feminists.
    Here comes johnny …

  29. Dianna Deeley
    August 11th, 2014 @ 3:57 pm

    As I am fond of saying, from your keyboard to God’s monitor.

  30. sharc 65
    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.

  31. sharc 65
    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.

  32. RS
    August 11th, 2014 @ 4:43 pm

    There are two cases. This is the first.

  33. sharc 65
    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.

  34. Finrod Felagund
    August 11th, 2014 @ 5:14 pm

    Indeed. Give ’em hell, Stacy.

  35. Dustin
    August 11th, 2014 @ 5:39 pm

    That’s right. A trial is not necessarily a bad thing.

  36. Mike G.
    August 11th, 2014 @ 6:17 pm

    Maybe he was talking redneck and meant “threw.”

  37. Quartermaster
    August 11th, 2014 @ 6:19 pm

    GO Big Orange!

  38. ConstantineX1
    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.

  39. RS
    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.

  40. Say A Prayer For The Bloggers Sued By The Bomber | The Lonely Conservative
    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. […]

  41. Evi L. Bloggerlady
    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.

  42. Mm
    August 11th, 2014 @ 8:46 pm

    He didn’t, another judge did. Maryland has a weird system.

  43. richard mcenroe
    August 11th, 2014 @ 10:52 pm

    I cannot wait to hear about BK quizzing prospective jurors.

  44. richard mcenroe
    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

  45. Gunga
    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…

  46. RS
    August 12th, 2014 @ 8:35 am

    I was deployed the obscure Yiddish version used only in several small villages in the Western Carpathians. : )

  47. K-Bob
    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.’

  48. K-Bob
    August 12th, 2014 @ 4:24 pm

    No, we’re both rong.

    It was ‘thrawn.’

  49. K-Bob
    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.”

  50. Mike G.
    August 12th, 2014 @ 4:32 pm

    But I was talking ’bout a Georgia Tech trained redneck.