REPORT: Aaron Walker Arrested After Maryland Hearing on Kimberlin Case UPDATE: Walker Now Released

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UPDATE 6:25 p.m. ET: Sources say that blogger Aaron Walker has been released from custody in Rockville, Maryland. He was charged with “incitement,” but released on his own recognizance. Readers are encouraged to donate to the National Bloggers Club to help support Aaron’s defense against Brett Kimberlin.

*** PREVIOUSLY (11:59 a.m.) ***

FROM AN UNDISCLOSED LOCATION
Aaron Walker, whose complaint against convicted terrorist Brett Kimberlin became a conservative cause célèbre this past week, was reportedly taken into custody today after a court hearing in Rockville, Maryland.

One person who attended the hearing in Montgomery County District Court said that Kimberlin asserted that Walker’s continued blogging represented a violation of a “peace order” Kimberlin had obtained against the Virginia attorney, who says Kimberlin tried to “frame” him for assault earlier this year.

During the course of the hearing — which reportedly lasted about an hour — Judge C.J. Vaughey appeared to become increasingly hostile toward Walker, who was taken into custody when the hearing concluded.

On Thursday, May 17, Walker published a 28,000-word account of his experience being targeted by Kimberlin, which soon caught the attention of leading figures in online New Media, including University of Tennessee law professor Glenn Reynolds, who writes the popular Instapundit blog, and bestselling author Michelle Malkin, who warned her readers, “Please remember: Kimberlin is a radical, violent, lying, dangerous felon.”

UPDATE: According to a source, Kimberlin claimed during the hearing that he has received death threats as a result of Walker’s violation of the peace order. In 1981, Kimberlin was sentenced to 50 years in federal prison for his crimes, including the 1978 terrorist bombing that brutally maimed Vietnam veteran Carl DeLong.

UPDATE II: A copy of the “final peace order” (time-stamped 10:52 a.m.) states that Kimberlin is “in fear of imminent serious bodily harm” as a result of a “countless number” of death threats, and that “there is clear and convincing evidence that [Walker] is likely to commit a prohibited act in the future against [Kimberlin].”

UPDATE III: To understand what is going on here, please see my column today at The American Spectator:

During his time in federal prison, [Kimberlin] became a prodigious jailhouse lawyer, filing more than 100 actions on his own behalf, and his litigious habits have continued until this day. When Patrick Frey, the blogger known as Patterico, wrote about Kimberlin’s criminal past in 2010, he was immediately threatened with a libel suit. By then, Kimberlin had already sued Seth Allen, who eventually got legal assistance from Aaron Walker, a Virginia attorney who had blogged under the pseudonym “Aaron Worthing.” This evidently made Walker a target of Kimberlin’s harassment tactics, with the result that Walker says both he and his wife lost their jobs. . . .
Kimberlin’s critics say his litigation against Allen and Walker, and threats of action against others, are a type of “lawfare,” which is defined as “the illegitimate use of domestic or international law with the intention of damaging an opponent, winning a public relations victory, financially crippling an opponent, or tying up the opponent’s time so that they cannot pursue other ventures such as running for public office.” And this is part of what many see as a wide-ranging strategy of intimidation waged against conservatives . . .

Read the whole thing. I’m still trying to confirm facts about Walker’s hearing and reported arrest.

UPDATE IV: Just spoke to a source who confirms that witnesses saw Walker led out of the courtroom in handcuffs. Ali Akbar, president of the National Bloggers Club, Tweets:

Will know more on Aaron’s situation at 3:30/4:30pm.

The National Bloggers Club has created KimberlinFiles.org to help call attention to the case and to enable “supporters to make financial donations to a relief fund as a show of support.”

– Robert Stacy McCain, Whereabouts Unknown

 

 

THE KIMBERLIN FILES:

 




 

UPDATE V: Welcome Ace of Spades HQ readers!

Now a Memeorandum thread, with links by The Jawa Report, Jim Hoft at Gateway Pundit, Wake up America, Bob Owens, Capitalist Preservation, Legal Insurrection, FilmLadd Blogs, That Mr. G Guy’s Blog and Truth Before Dishonor — thanks!

Michelle Malkin has been absolutely on fire over this.

UPDATE VI: Linked at Twitchy, Popehat, Nice Deb, Sooper Mexican, Darth Chipmunk, Daily Pundit, Andrew J. Patrick, Daley Gator, PJ Tatler and The Camp of the Saints — thanks! — and welcome, Instapundit readers!

UPDATE VII: A witness blogs about the hearing:

It went bad for Walker pretty quickly. . . .
Judge Vaughey had read up on the matter, knew Kimberlin’s history of felony convictions, but clearly was technically ignorant of even basic facts about what Twitter is, in one instance point saying “He Googled you 500,000 times” through the Tubes or whatever. The Judge had identified himself, earlier, as being “of the Royal Typewriter Generation,” and at another point, when confronted with the voluminous material from both sides, asked “don’t people have jobs, who reads this stuff?”
That said, Judge Vaughey did know a lot about the kind of respect a Judge is owed. He also, again, knew all about Kimberlin, saying “even a prostitute is entitled to protection.”
And Walker pissed him off. So did Kimberlin, but Walker identified himself as a Yale-trained lawyer, albeit one who was representing himself. Kimberlin made any number of allegations — essentially, everything that was said about his side -– issuing death threats, harming business interests, summoning SWAT teams to the home–was said by Kimberlin to have been done by Walker’s side.
The pair went back and forth, back and forth, with Walker getting increasingly flustered, and the Judge finally asking, “what did they tell you in Yale Law School about interrupting a judge?”

My own source who was on the scene said of Judge Vaughey: “He couldn’t find the Internet to save his life.”

 

280 comments

  6.  maybe because Special K and his minions have been threatening his life, which is why he had to leave his home?

  7. […] The Other McCain reports: Aaron Walker, whose complaint against convicted terrorist Brett Kimberlin became a conservative cause célèbre this past week, was reportedly taken into custody today after a court hearing in Rockville, Maryland. […]

  8. Please, everyone, if you have any money at all, send it to the fund to help Aaron. He needs to have a top notch attorney representing him.  it doesn’t matter how good of a lawyer he is, he has got to stop going in there alone!
    #FreeAaronWalker!

  9.  You are correct, as is Robert Wilson.  I presume Aaron felt it was a bogus charge and he could represent himself, and let his utter contempt for a system which treats Kimberlin as a victim anger the judge.

    The more you think you don’t need a lawyer, the more you need a lawyer.

  12. It would appear that the judge took BK’s account at face value, since there was an order against Walker he started at a disadvantage in this proceeding. One should never go to anything other than small claims without an attorney, it’s his job to be in contempt of court. Whether the judge is a moonbat or not remains to be seen, in any case irritating him makes Walker’s position weaker moving forward.

  13. I am flabbergasted, furious, and frustrated, and I had better stop the alliteration right there.

    How Aaron could possibly have put Kimberlin in danger when all he did was provide verifiable facts previously established in the public record on the Internet, as if they couldn’t be culled from countless sources already?! 

    All A.W. did was tell his personal, true story (backed by videotape), and aggregate the facts about Kimberlin and his activities! Is the judge of the belief that if a single person threatens Kimberlin because of what is true about him, that it’s Walker’s fault?  If so, what’s to stop his associates — of whom it is firmly established abuse the internet to goad conservative activists to expend personal resources in legal actions (i.e. Greg W. Howard) — from simply making anonymous threats of their own and blaming it on Walker?

    I can’t imagine that there is any other way that Walker could be found in violation of the order, since his writings on his blog certainly have not been even vaguely threatening!  This shows a fundamental lack of understanding of how the Internet works!  How old is that judge?  Does s/he do anything on her/his computer other than play solitaire during court proceedings?

    I was doing research yesterday about Kimberlin’s failed suit against the DOJ because the 1988 press conference he wanted to hold while an inmate at a federal prison was canceled by prison officials.   The purpose of the presser was to accuse then-Vice Presidential candidate Dan Quayle of using pot, cocaine, and Quaaludes, but it is generally accepted — even among MSMers — that Kimberlin’s allegations about Quayle — like most of what he says publicly — were a complete crock. (According to the New York Times in a 1991 article, in an interview with 60 Minutes‘ Morley Safer held after the election, the other “witness” to Quayle’s drug use broke down and cried under tough scrutiny, and recanted.)  The MSM and the left instead focused not on the false allegations, but the reason given why the Feds had Kimberlin put in solitary confinement — “for his own safety.” Why? Because, supposedly, some people who didn’t like him threatening the Bush-Quayle campaign may have made threats against him.

    So now, what do we have?  We have a person who has already proved in court that Kimberlin committed perjury (yet again) regarding a personal altercation with him being taken into custody because Kimberlin — allegedly — has received a “countless number” of death threats.  Funny how “death threats” worked against him before, but work for him now. 

    Alanis Morisette, rain on your wedding day isn’t ironic.  THAT’S freaking ironic.  It’s also freaking wrong.

  14.  http://tinyurl.com/6uoen6f

    The Maryland Criminal Harassment Statute note Section b. 
    § 3-803. Harassment.
     

    (a)  Prohibited.- A
    person may not follow another in or about a public place or maliciously
    engage in a course of conduct that alarms or seriously annoys the
    other: 
    (1) with the intent to harass, alarm, or annoy the other; 
    (2) after receiving a reasonable warning or request to stop by or on behalf of the other; and 
    (3) without a legal purpose. 
    (b) 
    Exception.- This section does not apply to a peaceable activity
    intended to express a political view or provide information to others. 
    (c) 
    Penalty.- A person who violates this section is guilty of a misdemeanor
    and on conviction is subject to imprisonment not exceeding 90 days or a
    fine not exceeding $500 or both.  .
     

  15. I’m sorry, but if Walker represented himself against someone with > 100 lawsuits, then he’s an idiot.  Get a good attorney and let him represent you.

  16. Maybe.  I assumed he did that so he couldn’t  be served with his own “peace order”.  That would explain why he wasn’t there covering the story.

  19. Here’s some info on the judge from the court’s website.  The judge is actually retired but probably hangs around for pension purposes.

    CORNELIUS J. VAUGHEY, District Administrative Judge, District Court of Maryland, District 6, Montgomery County, 1992 to December 31, 2005 (Associate Judge, 1984-92). Retired December 31, 2005. Member, Mental Health, Alcoholism and Addiction Committee, 2000-01, and Judicial Council, 2000-03, Maryland Judicial Conference.
    Member, Board of Appeals, City of Rockville, 1973-76 (chair, 1974). Member, Commission to Review Landlord-Tenant Laws, 1998. Domestic Relations Master, Montgomery County Circuit Court, 1980-84.
    Born in Far Rockaway, New York, August 16, 1938. Villanova University, B.S. (economics), 1961; University of Maryland School of Law, LL.B., 1965. Admitted to Maryland Bar, 1968. Law clerk for Judge Walter H. Moorman, Montgomery County Circuit Court, 1968-69. Member, Montgomery County Bar Association. Jurist Award, Montgomery County Bar Association, 1998.

  22. We all need to dial back the expressions of outrage, in light of this outcome. Some of the comments here might find their way into a new complaint by Kimberlin.

    Instead, our focus should be on what we can do to help Aaron. Raising bail and getting him a lawyer are both excellent ideas. Contributing (more) money to the blogger’s club fund will help make that happen.

  23. Even a mediocre attorney is better than no attorney. Judges are attorneys and will show some difference towards them, unless of course they’re defendants. I’d submit that being an attorney and defending oneself is worse than being a layman and defending oneself.

  25.  Better wait before you draw a conclusion.  One witness from the courtroom reported at SooperMexican that Aaron continually talked over the judge, even after being warned several times.  There’s a reason you never represent yourself.

    Pissing off the judge is not the first step to a successful case.

  26. […] Robert Stacy McCain is collecting reports about what happened. I'd caution that oral reports about what happened in court are notoriously unreliable, and I won't feel completely confident that I know exactly what happened until I read a transcript or hear it from a non-party lawyer I trust who was present. McCain's sources assert that Judge C.J. Vaughey was upset with Aaron, that Kimberlin claimed he received death threats as a result of Aaron's blogging, and that the judge concluded that Aaron violated the peace order by blogging. I'll update here with more sources as I see them. [If anyone has information on how to order transcripts in this particular court, please let me know.] […]

  27. Read the story Stacy wrote a couple days back about the heiress aunt.  Deep pockets in the Kimberlin family can pay a lot of authorities off.  Not saying that happened, but not saying it didn’t, either.  Even if money doesn’t change hands, there’s all manner of other kinds of influence which help your side get the outcome it wants.

    My question is: how does someone who’s been convicted of perjury have any credibility whatsoever?

  29. Here’s a copy of this morning’s order:

    http://i.imgur.com/55TPK.jpg

    1)  It’s dated today at 11:52, and it’s typical of the findings of a restraining order;

     2)  The order is merely an order restraining Walker from various sorts of contact and does not order the deputy to take Walker in to custody; therefore

    3)  If Walker really was taken into custody following the hearing, then it’s reasonable to assume that he was arrested for violating this morning’s order (particularly if his claim that the previous order had been quashed is true).

    4)  There will be documentation of the reasons for the arrest; anyone interested in the truth should contact the sheriff’s office and get whatever documentation is available.

  30. The article stated that Kimberlin was sentenced to 50 yrs – and this is probably a stupid question – but WHY Brett Kimberlin, a  Convicted Domestic Terrorist/Bomber/Killer  not STILL  in prison?

  35. Praying for Aaron, you Stacy, and everyone else that has been targeted by this worthless, slimy, POS thug that deserves to be in prison for the rest of his worthless, little, pathetic life.

  36.  Many states, and the federal courts, use retired judges to handle the caseload.  The simple fact is very few jurisdictions have kept up with the volume of litigation with sufficient new courts and judges, so many have to pull the retired judges to hear cases – or else the backlog just gets bigger and takes even longer to get a day in court.

    In some states and the federal system, such judges are considered “senior status,” have a lower caseload than full-time judges, are paid on a part-time basis, but draw their regular pensions.

  37. […] REPORT: Aaron Walker Arrested After Maryland Hearing on Kimberlin Case : The Other McCain FROM AN UNDISCLOSED LOCATION Aaron Walker, whose complaint against convicted terrorist Brett Kimberlin became a conservative cause célèbre this past week, was reportedly taken into custody today after a court hearing in Rockville, Maryland. […]

  38. Probably time to tap that relief fund to get Aaron a lawyer. This is too big of a deal to be derailed by an (understandably) over-emotional guy trying to defend himself.

  40. If you understand that he was avoiding a peace order by fleeing the state (though his and his family’s life being in danger would be the bigger reason for leaving MD), then you wouldn’t have to ask the question of why he wasn’t reporting from the courtroom.

    Further, Stacy has long ago cemented his reputation as a working reporter.  If you’d been here for any length of time, you’d know that.

    Nice talking to you, troll…

  42. […] Here it is boys and girls, another salvo in the battle to retain our right to free speech as guarant… As I wrote earlier today, there is a mighty movement to strip or otherwise remove the right to free speech from any who would gainsay or otherwise question the activities of this government and the paid lackeys who are it’s enforcers. Today, in Maryland, following a court hearing on a falsely acquired “Peace Order”, attorney Aaron Walker was taken into custody because Brett Kimberlin asserts that he has received “uncounted” death threats following the exposure of his criminal past by blogger Aaron Walker and others (myself included). This appears to be a violation of the finding of the Supreme Court that finds bloggers are extended the same rights as other media and have the same protections. […]

  45. I’m not a lawyer but part 5 of that order looks strange to me.
    ————
    5 That the Respondent SHALL STAY AWAY fromThe Petitioner’s place(s) of employement at  ANYWHERE
    ———-
    Anywhere? So the respondent, Arron Worthing, shall stay away from “ANYWHERE”? So he has to be NOWHERE to stay away from Kimberlin while he is at his place of employement?

    Is there some kind of legal meaning that is escaping my non-legal mind? Or is this a joke? (My sense of humor is sometimes impaired)

  46. “Judge Vaughey had read up on the matter, knew Kimberlin’s history of felony convictions, but clearly was technically ignorant of even basic facts about what Twitter is, in one instance point saying “He Googled you 500,000 times” through the Tubes or whatever. The Judge had identified himself, earlier, as being “of the Royal Typewriter Generation,” and at another point, when confronted with the voluminous material from both sides, asked “don’t people have jobs, who reads this stuff?”

    The judge is really on top of that internet thingy.
    Via ACE:
    http://www.munseys.com/technosnarl/?p=1295

  49. Here’s a question… Where are our lawyers?  The lefties have the ACLU and the National Lawyers Guild which shows up in their little t-shirts for every MoveOn, ANSWER  and Occupy excretum looking for the slightest touch of police irregularity or fascist free-speech.

    Where are the conservative lawyers who will put down the billing statements long enough to do something for our Aaron Worthings?

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