Brett Kimberlin’s Ambush Of Aaron Walker Will Not Stand

When Aaron Walker was arrested yesterday, it wasn’t entirely clear what was happening but my first hunch was correct — he was arresting for blogging.

This can’t be emphasized enough : Aaron Walker spent time in jail yesterday for political writing.

Patterico’s post hits on every major point and is a must read. Brett Kimberlin is a public figure.  Walker didn’t threaten or contact Kimberlin, ever.

What Kimberlin was able to get away with the equivalent of a terrorist taking down a building armed with a box cutter. Kimberlin abused the peace order (aka restraining order) process. Kimberlin couldn’t have gotten Walker arrested for writing if he had filed a multi-million dollar defamation suit with a high priced team of lawyers — even people being sued for defamation keep can on talking, although they might be held accountable for it civilly one day,. But there’s nothing in a defamation that leads to someone being taken away in handcuffs because they wrote something.

As Pat explains:

Apparently Kimberlin went to court and obtained a “peace order”on May 19, 2012 — two days after Aaron wrote his lengthy post about Kimberlin’s extensive harassment of Aaron.

The “interim” order became a “temporary” order on May 22, 2012, as you can see from the above docket entry — and became “final” today. When Aaron refused to stop blogging about Kimberlin, Kimberlin went to court this weekend, on Sunday, and convinced a judge on Sunday to issue a warrant for Walker’s arrest. The charge: violating the peace order.

So Aaron was arrested for the criminal charge that Brett Kimberlin swore out against him on Sunday. That charge was violating the temporary restraining order, which today was extended to November 2012. Meaning that, under the judge’s unconstitutional view of the law, Aaron is not allowed to blog about Brett Kimberlin until November. (There is no way that order will last; trust me.)

Damn right there’s no way it will stand.

We’re now in a post Everybody Blog About Brett Kimberlin Day world and now there are a lot of people watching and they have Aaron Walker’s back on this. Even though the Obama administration and the mainstream media aren’t exactly jumping in with both feat on this, it will not stand. Justice will be done — for Aaron and for the First Amendment that Brett Kimberlin finds so inconvenient.



  1. One frustration about this is that Kimberlin has created a blueprint that his friends and anyone can abuse to deprive others of free speech. Liberals should bear in mind that this can be used against them too, and none of us benefit from this tactic.

    We all greatly value our freedom of speech.

    I very much hope that on appeal, the court rules in a way that clarifies and destroys this scheme.
    Also, peace orders are important for people who are in genuine fear. It is also shameful that Brett is abusing something that has a valid function. It’s possible that there will be major policy reforms in Maryland and I hope that folks truly in fear of others can still get some kind of peace order in a short period of time. I think one solution is heavy penalties *that are enforced* if you lie on these orders. Of course, they already have that for the false report to police and for perjury and they aren’t even enforcing that.

    Which is a shocking imbalance. Aaron was deprived of his freedom for merely blogging and a perjury in court is not looked at? The world is upside down.

  2. People have been wondering where the law can be changed or challenged in the state of Maryland, because it does seem to be a problem with state law (as far as I can tell) and the weakness of the courts.

    Perhaps the weakest link that should be explored is the Governor, Martin O’Malley. I just read a few news reports listing him as among the frontrunners for the next Democrat Presidential candidate.

    It would be interesting to hear his thoughts on the First Amendment and why the state of Maryland is so hostile to bloggers and commenters on the net.



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