The Other McCain

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


Posted on | August 7, 2014 | 26 Comments

Today in Montgomery County Circuit Court, I watched convicted bomber Brett Kimberlin get away with lying about me, claiming that I had said and done things I have not done. Before the court was the defendants’ motion for summary judgment in the Maryland case Kimberlin v. Walker, et al. In the end, the judge denied the motion, so that we’re going to trial Monday.

This is madness, and the details will be discussed later. But long story short, I’ll spend the next four days preparing for trial. Your prayers are earnestly requested, and please remember the Five Most Important Words in the English Language:




UPDATE: John Hoge has more on the case at Hogewash.



26 Responses to “TRUTH ON TRIAL”

  1. WJJ Hoge
    August 7th, 2014 @ 1:42 pm

    It was a disappointing but not unexpected morning. Thus, I can truthfully say that all is proceeding as I have foreseen.

  2. In Re Kimberlin v. Walker, et al. | hogewash
    August 7th, 2014 @ 1:47 pm

    […] UPDATE 2—I did not attend the hearing this morning, but Stacy McCain did. His report is here. […]

  3. Paul H. Lemmen
    August 7th, 2014 @ 1:48 pm

    All of you are in my prayers.

  4. sarah wells
    August 7th, 2014 @ 1:52 pm

    Any mention in court today of his motion to reconsider sanctions imposed on the first of August? And isn’t that payment due today?

  5. Finrod Felagund
    August 7th, 2014 @ 1:53 pm

    Good luck, and give ’em hell.

  6. Grace
    August 7th, 2014 @ 2:00 pm

    And, the travesty continues.


  7. Katie Scarlet
    August 7th, 2014 @ 2:09 pm

    Well, now we get to see Brett Kimberlin in action in front of a jury. Should be … interesting.

    You all continue to be in my prayers.

  8. WJJ Hoge
    August 7th, 2014 @ 2:30 pm

    It was not on the docket.

  9. Loren
    August 7th, 2014 @ 2:36 pm

    As I understand it, with a motion for summary judgement to dismiss, the judgement has to made under the presumption that the plaintiff’s allegations are true. Thus for purposes of the motion, BK’s allegations are considered truthful. In the actual trial, BK must prove the allegations.

  10. Evi L. Bloggerlady
    August 7th, 2014 @ 3:24 pm

    Hoge had the right attitude. If you have a lying sack of shit saying one thing and honest people saying other things, you still have a dispute of material fact and have to go to trial. Disappointing but not madness. Give Brett enough rope and…

  11. Stogie Chomper
    August 7th, 2014 @ 3:36 pm

    Good luck and God speed.

  12. Evi L. Bloggerlady
    August 7th, 2014 @ 4:41 pm

    BK must prove allegations and has the burden at trial.

  13. Truth on Trial: Brett Kimberlin vs. the Universe | Batshit Crazy News
    August 7th, 2014 @ 5:13 pm

    […] TOM: Truth on Trial […]

  14. Badger Pundit
    August 7th, 2014 @ 6:29 pm

    My understanding is that Kimberlin, like any witness, is absolutely immune from being sued for libel for anything he says in court as a witness testifying under oath.

    But if, in fact, Kimberlin lies under oath about material matters, then doesn’t he open himself to possible prosecution for perjury? Assuming in the end that Kimberlin isn’t believed, and you win, perhaps you can ask the judge to recommend to the relevant prosecutor that Kimberlin be prosecuted for perjury. There ought to be some consequence for lying under oath, beyond losing the litigation itself.

    Also, are efforts being made, or will they be made, to have Kimberlin be held to be a “vexatious litigant,” so he won’t be able to sue people in the future without getting advance permission from a judge?

  15. sarah wells
    August 7th, 2014 @ 7:01 pm

    He can’t testify in Maryland, because he has a conviction for perjury.

  16. Dianna Deeley
    August 7th, 2014 @ 7:15 pm

    You will be very much in my thoughts.

  17. Thatch
    August 7th, 2014 @ 7:22 pm

    It is more convoluted and absurd than you can imagine. Under Maryland law he is not even allowed to testify at all because he is a convicted perjurer. I am not sure how he intends to present a case. I guess he will use proxies.

    You need to read up on this case to see just how bad our justice system really is. There have already been a lot of shenanigans that went unpunished.

    All I know is I don’t want to ever hear another damn word about how the courts are underfunded or undermanned when they can let cases like this one consume this much time and this many resources.

  18. Bob Belvedere
    August 7th, 2014 @ 7:24 pm

    In the Halls Of Justice, the only Justice is in the Halls. -Lenny Bruce.

  19. Bob Belvedere
    August 7th, 2014 @ 7:25 pm

    Give ’em Hell, Stacy.

  20. TotallyPeeved
    August 7th, 2014 @ 7:37 pm

    Still with the priest collar BS?

  21. Paul H. Lemmen
    August 7th, 2014 @ 7:45 pm

    It isn’t BS. I am a Seminarian, enrolled in a degree program pursuing a degree in Theology with a major in Christian Social Work. Scoff all you want. Go as Bill Schmalfeldt, who attempted to attack me through the Seminary. He got back a very polite yet stinging reply. Of course, this was after I authorized them to release the information without even knowing who was attacking or what exactly was said.

  22. SPQR9
    August 7th, 2014 @ 8:19 pm

    No, you are mixing different motion standards.

  23. Loren
    August 8th, 2014 @ 1:51 am

    Could you elucidate?

  24. Court Room Scenes | Batshit Crazy News
    August 9th, 2014 @ 12:00 am

    […] TOM: Truth on Trial […]

  25. Dewclaw
    August 9th, 2014 @ 3:51 am

    I hope you, John, and the other defendants, IN A LEGAL SENSE, break it off in that pipsqueak’s arse.

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    August 9th, 2014 @ 9:48 pm

    […] TRUTH ON TRIAL […]