The Other McCain

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

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.

UPDATE: More from my co-defendant John Hoge.



59 Responses to “Judge Scolds Brett Kimberlin”

  1. DaveO
    April 10th, 2014 @ 12:09 am

    Shopping for judges is the first step in suing one’s enemies – especially enemies with very deep pockets and fairly decent advocates. And were I such a friendly judge, I’d nitpick TDPK’s legal documents to such an extent that upon appeal, no higher judge would find fault with how the decision was reached, ending all chances of appeal.

  2. Adjoran
    April 10th, 2014 @ 1:54 am

    Time to adjust the medication.


  3. ajpwriter
    April 10th, 2014 @ 8:12 am

    What is the deal with judges in Maryland?

  4. Escher's House
    April 10th, 2014 @ 8:30 am

    Wow! Good information.

  5. sarah wells
    April 10th, 2014 @ 12:09 pm

    Per Aaron’s transcription of court audio, she said this “J: We’re back on the
    record. So… much as I want, very much,
    Mr. Kimberlin, to fine you for what… for altering the receipts, I can’t find
    any authority in the rules for that.
    Given the posture in which we are here, which is a motion for sanctions
    not for contempt. Under the discovery
    rules, they don’t apply…. ” Can’t she find him in contempt herself?

  6. Aaron "Worthing" Walker
    April 10th, 2014 @ 2:25 pm
  7. Aaron "Worthing" Walker
    April 10th, 2014 @ 2:27 pm

    no, i don’t think she had any idea about his background.

  8. Dianna Deeley
    April 10th, 2014 @ 4:38 pm

    Only if she can do it like Anya from Buffy.

  9. Dianna Deeley
    April 10th, 2014 @ 4:43 pm

    Not a lawyer, bearing no resemblance to one, except when my hairdresser does a fabulous job, but, how would that work?