A Legal Explanation Of The Aaron Walker Hearing and What’s Being Done…#BrettKimberlin

Via Twitter

From Popehat, a legal explanation of the Aaron Walker hearing and what it means;

Last week I wrote about how blogger Aaron Walker was arrested at a hearing on one of Brett Kimberlin’s “peace orders” in Maryland. Since then, there have been significant developments to the matter:

1. What happened to Aaron Walker: The day of the arrest, it wasn’t clear why Aaron had been arrested — there was speculation that he was arrested on the original peace order, that he was arrested for contempt, that he was arrested on some new peace order, and that he was arrested on Kimberlin’s false and manufactured assault allegations. Now it’s clearer. It appears that Brett Kimberlin sought a new peace order after Everyone Blog About Brett Kimberlin day and contrived to have Aaron arrested on that when he came to court on May 29th. The order — provided and analyzed by David Hogberg — is shockingly conclusory and vague. Yet even with that vagueness, it’s clear that Kimberlin is explicitly seeking to have Aaron prohibited from discussing Kimberlin, and equally clear that a unprincipled and limp judiciary uncritically acquiesced. Kimberlin’s filing is also notable for a common theme with his crew: any threats he gets (or that he, a convicted perjurer, claims he got) may be attributed to anyone or everyone who criticized him:

Mr. Walker has tweeted on Twitter about me in alarming and annoying ways over hundreds of times in the past week and urged others to attack me. He has generated hundreds of blog posts directly and indirectly based on false allegations that I framed him for an assault.

Mr. Walker has had many people threaten me directly with death, and told me to stop talking to the police, and not show up in court or I would die.

I’ve actually read Aaron’s blog posts and Twitter comments. None of them urge anyone to “attack” Kimberlin, unless by “attack” you mean “criticize.” Moreover, as Lee Stranahan points out, easily available public information shows that Kimberlin lied when he said that Aaron arranged “Blog About Brett Kimberlin Day.” A judiciary that was not asleep at the wheel — a judiciary that took its role seriously, particularly when First Amendment rights are at stake — would have demanded to see the particular blog posts and tweets Kimberlin was referencing. But that would have required effort, attention, responsibility, and a vague grasp of the technology that the judges here were ruling upon. Rubber-stamping is much easier.

[Of course, criminal defense attorneys like me will tell you that rubber-stamping is not the exception -- it is the rule.]

2. What passed for a hearing: Audio tape of the Walker/Kimberlin hearing has been released, and folks are beginning to create unofficial transcriptions. Patterico has audio, transcriptions, and commentary here. The tape is both deeply familiar to anyone who practices law (especially criminal law) and deeply depressing. The “hearing” was a farce. It was governed not by the rule of law, but by the rule of Judge C.J. Vaughey, ttwo rules that proved rather starkly incompatible. Nowhere is this as stark as when Judge Vaughey says, rather shockingly explicitly, that he doesn’t care what the law is, and that Aaron is responsible for anything that anyone does (or might do) based on Aaron’s criticism of Kimberlin:

What this is is a concerted effort by progressive elements on the left to squelch conservative speech. It will only get worse going up to the national election in November.

 

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