The Other McCain

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

In Which @AceOfSpadesHQ Becomes a First Amendment Cause Célèbre

Posted on | February 19, 2014 | 33 Comments

One June 4, 2012, Ace published a blog post that began, “I’m writing a post about what’s happened to Ali Akbar.”

That post was cited by Brett Kimberlin as “evidence” that Ace was part of a vast conspiracy. Now, it’s like a latter-day Dreyfuss case:

Convicted bomber Brett Kimberlin’s federal lawsuit against bloggers and journalists is “an attack on free speech,” a prominent First Amendment attorney said Tuesday, announcing that he would represent an anonymous blogger who is a defendant in the case.
Paul Alan Levy of the non-profit group Public Citizen noted that he had once represented Kimberlin, at the time a federal prison inmate, in a case where Kimberlin’s First Amendment rights were at stake. However, Levy said, Kimberlin is now threatening the rights of others in his attempt to use his current federal lawsuit to obtain the identity of the popular conservative blogger known as Ace of Spades: “Among the defendants in the action is an anonymous blogger whom Kimberlin sued for allegedly ‘imputing’ that Kimberlin was involved in SWATting. . . . Because the blog post said nothing of the kind, I agreed to represent defendant ‘Ace of Spades’ in opposing Kimberlin’s request for judicial permission to pursue discovery to identify Ace of Spades.” . . .
In his court motion on behalf of Ace of Spades — whose defense is also supported by the Maryland chapter of the American Civil Liberties Union (ACLU) — Levy argues: “Protection for the right to engage in anonymous communication is fundamental to a free society. … Not only his conservative adversaries but other bloggers attentive to free speech issues have taken Kimberlin to task for improperly using the courts as a weapon against his critics, a technique that they call ‘lawfare.’ … For example, several bloggers have taken Kimberlin to task for using a subpoena to identify one Aaron Walker, which resulted in Walker’s being terminated from his employment, and then pursuing a series of peace orders in Maryland state court which led to Walker’s arrest because a state trial judge believed that Walker’s having blogged about Kimberlin was a violation of a previous peace order.”

Read the whole thing at The American Spectator. I doubt Kimberlin v. Ace of Spades will ever become a landmark Supreme Court ruling, something your grandchildren will read about in histor4y books, but crazier things have happened, so you never know.



33 Responses to “In Which @AceOfSpadesHQ Becomes a First Amendment Cause Célèbre”

  1. WJJ Hoge
    February 19th, 2014 @ 3:18 pm

    I’d like to welcome the ACLU of Maryland to the Vast Rightwing Conspiracy.

  2. Katie Scarlet
    February 19th, 2014 @ 3:21 pm
  3. Rain
    February 19th, 2014 @ 3:27 pm

    so when’s the next court date where this huge stinking mess may hopefully be tossed in the trash where it belongs??

  4. rmnixondeceased
    February 19th, 2014 @ 3:41 pm

    Brett’s activities since release show that he hasn’t reformed one whit. He has zero ‘social conscience’, it’s all a pose and a con on liberal sensibilities. There’s profit to be made in them thar hills … and protection from Dems deluded into thinking a leopard can change his spots (I used the only thing that works, God’s spot remover, available at better Churches everywhere).

  5. Trespassers W
    February 19th, 2014 @ 3:54 pm

    Amazing grace, how sweet the sound.

  6. Mm
    February 19th, 2014 @ 3:57 pm

    Typo – last sentence, the word “history.”

  7. Adjoran
    February 19th, 2014 @ 3:58 pm

    This is exactly the sort of attention TDPK needs, prominent groups like Public Citizen and ACLU taking note of his use of “lawfare” as a tool of harassment of his critics. Maybe these judges will begin to wonder if they are being used against free expression, and finally do the right thing and stop this ongoing charade.

    What is Kimberlin’s record in his pro se suits? 1-113 or something? He doesn’t file them to win, he files them only to harass people and cost them time and money so that he can intimidate others who tell the truth about his criminal past and questionable activities. He did it openly to Patterico.

    At some point, some judges have to take the steps to label him what he is, a vexatious litigant, and force him to have any legal actions pre-screened by administrative judges and to post bonds to cover the legal costs of this targets.

    It should be done not only for justice, but also for Kimberlin’s own safety. Sooner or later, he is going threaten the wrong person.

  8. Kirby McCain
    February 19th, 2014 @ 4:01 pm

    Terroristic bombing is the most cowardly form of violence, lower than poisoning. Not much can be expected from the human excrement that would perpetrate such a foul deed. Kimberling’s terroristic lawfare is further testament to his incredible cowardice and lack of morality.

  9. Mm
    February 19th, 2014 @ 4:02 pm

    What I find touching is his concern for children, considering that he planted a bomb in a high school parking lot during a football game.

  10. Kirby McCain
    February 19th, 2014 @ 4:03 pm

    Odd bedfellows wouldn’t you say?

  11. Rob Crawford
    February 19th, 2014 @ 5:21 pm

    I just want to see a picture of an Ewok entered into the court records.

  12. librarygryffon
    February 19th, 2014 @ 5:36 pm

    Kimberlin’s pet “journalist” is accusing Mr. Levy of violating BK’s attorney-client privilege in his press release.

    Of course said pet “journalist” has also informed us that BK is paying him, the courts, and the police. I suppose the court payments could be filing fees, but why would BK need or want to pay the police?

    I really don’t want to move to or even travel through Maryland now.

  13. librarygryffon
    February 19th, 2014 @ 5:39 pm

    “Or wash thee in Christ’s blood, which hath this might
    That being red, it dyes red souls to white.”

    So true, and I will continue to pray for you. And attempt to pray for BK and BS, though it probably won’t do them any good.

  14. TheRealMojo
    February 19th, 2014 @ 5:40 pm

    See? It IS possible to tell litigious assholes to go fuck themselves.

  15. TiminAL
    February 19th, 2014 @ 5:47 pm

    And Ace offered this up about an hour ago:

  16. JeffWeimer
    February 19th, 2014 @ 6:50 pm

    Ace finally posted about it. Comments are closed because he’s nervous.

  17. kbiel
    February 19th, 2014 @ 7:28 pm

    Before you welcome them too warmly, ask them about defending people who are being prosecuted for having 1 too many cartridges in a gun magazine. I’m not saying that we should shun their help on this of course.

  18. BREAKING: Paul Alan Levy to Represent Ace of Spades | hogewash
    February 19th, 2014 @ 8:09 pm

    […] UPDATE—Our codefendant Stacy McCain has some thoughts here. […]

  19. DaveO
    February 19th, 2014 @ 9:09 pm

    So, a former employee of Kimberlin, one each Levy, Esquire, and the Maryland ACLU, whose members are diamtrecially opposed to Ace, are supporting Ace legally. In exchange for what? A name, mailing address, other Personally Identifiable Information?
    Just for some vague promises of protecting the First Amendment to a Constitution they hate?
    Why do I believe Levy’s email started off with “My friend, I represent Vicery Edward Lumpa, and wish to give you $24 million…”

  20. WarEagle82
    February 19th, 2014 @ 10:37 pm

    This is just wrong in so many ways! First, we find out Ace is CHICK! Which is kind of a HUGE SHOCK.

    And then, all you perverts start talking about her BRIEFS and even posting PICTURES of them like you have never seen a girl’s BRIEFS before, for crying out loud!

    Talk about sexist, oppressive, heteronormative patriarchy! Give the poor girl a break! You people should be ashamed of yourselves!

  21. Adjoran
    February 20th, 2014 @ 1:17 am

    Yeah, he gets very nervous about Kimberlin. I can’t blame him, given the guy was sentenced to 70 years for terrorist bombings.

  22. Rather be anon
    February 20th, 2014 @ 3:43 am

    All things in moderation, especially psychoactive drugs.

    But in special cases, screw moderation – just don’t touch them.

  23. rmnixondeceased
    February 20th, 2014 @ 8:26 am

    My posing as a retired general officer was just as bad, a contemptable act. The difference is that I admit my crime, am actively paying restitution and am pursuing a conversio morum, a conversion of life, via Christ’s redemption and a life of good works, devoid of self-interest and further criminal acts.

  24. rmnixondeceased
    February 20th, 2014 @ 8:28 am

    We must pray for them. Sans prayer we are all lost! Detest the sin, pray for the sinner …

  25. rmnixondeceased
    February 20th, 2014 @ 8:32 am


  26. librarygryffon
    February 20th, 2014 @ 9:24 am

    True again. They just make it so hard. I suppose we just have to remind ourselves that it’s for our good too.

  27. pabarge
    February 20th, 2014 @ 2:49 pm

    I don’t know how you can continue to read AceOfSpades anymore. The guy and his cohorts have degernated their content to the point that everything they post has basically appeared on someone else’s blog already. And the AoS bloggers read stuff on other people’s blogs and then blog the same items while adding virtually nothing.

    Really, it’s painful to watch.

  28. K-Bob
    February 20th, 2014 @ 3:12 pm

    Actually, all the bloggers get their original content from me.

    I pass it out on 3×5 cards at the morning meetings. Once one of them forgot to burn the card. So I told him my secret for becoming king of the blogosphere.

    Now they all burn those cards and send me the ashes. (No, I don’t mind. I make statuettes from them, and sell them to leftists while posing as a street hippie.) But they don’t want to end up like Charles Johnson.

  29. K-Bob
    February 20th, 2014 @ 3:13 pm

    I was ashamed of myself once. But that was long ago.

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  31. Bad to Worse for Brett Kimberlin : The Other McCain
    February 22nd, 2014 @ 4:30 am

    […] Kimberlin got bad news with this past week’s decision by Public Citizen attorney Paul Alan Levy (and also the Maryland chapter of the ACLU) to defend Ace of Spades in the federal lawsuit that John Hoge calls Kimberlin v. the Universe, et […]

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