A: When A Kimberlin Lawyer finds himself compelled to defend A Conservative Blogger against him

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A: When A Kimberlin Lawyer finds himself compelled to defend A Conservative Blogger against him

Q: When do you know that everyone’s favorite Con­victed Speed­way bomber has finally crossed a line even the left can’t abide?

Stacy tells the story of the ACLU and for­mer Kim­ber­lin Lawyer Paul Alan Ley defend­ing Ace is here and here A peek:

I doubt Kim­ber­lin v. Ace of Spades will ever become a land­mark Supreme Court rul­ing, some­thing your grand­chil­dren will read about in his­tory books, but cra­zier things have hap­pened, so you never know.

But here is the story from the horses’ mouth key bits:

Kim­ber­lin was in prison for some hor­ri­fy­ing crimes – the plant­ing of sev­eral bombs in Speed­way, Indi­ana — and we had no idea whether Kim­ber­lin was telling the truth about Quayle. But the Jus­tice Depart­ment was not pun­ish­ing him on the the­ory that his speech was delib­er­ately false and defam­a­tory (in which case it would have been unpro­tected by the First Amend­ment; but how would the Jus­tice Depart­ment have known whether Quayle was or was not a drug cus­tomer any­way?), and even thugs have the right to crit­i­cize pub­lic offi­cials. So we pur­sued doc­u­ments about his con­fine­ment under the Free­dom of Infor­ma­tion Act, hop­ing to set up a Bivens action against the respon­si­ble fed­eral offi­cials. (The action under Bivens and other author­i­ties was brought by pro bono attor­neys from Arnold & Porter and was ulti­mately set­tled after sev­eral denials of sum­mary judg­ment and trips to the DC Cir­cuit and even the Supreme Court).

Right away Mr. Levy points to Kim­ber­lin as a per­son who was jailed for hor­ri­ble crimes. That being the case it would seem to me that refer­ring to said crimes and or dis­trust­ing said per­son based on those crimes would be not only nor­mal but prudent.

As I usu­ally do in these sit­u­a­tions, I began by try­ing to per­suade Kim­ber­lin to drop his dis­cov­ery request because the blog post in ques­tion is not defam­a­tory. Kim­ber­lin responded by detail­ing a num­ber of dif­fer­ent state­ments that Ace of Spades had made which, Kim­ber­lin threat­ened, would be made the sub­ject of an amended com­plaint. And when Kim­ber­lin learned that I had not been dis­suaded, he sent Ace of Spades an email threat­en­ing that, unless Ace imme­di­ately accepted Kimberlin’s unspec­i­fied terms, Kim­ber­lin would unmask her and she might suf­fer the same fate as other blog­gers whom Kim­ber­lin had man­aged to iden­tify (Kim­ber­lin men­tioned one blog­ger who had lost his job and suf­fered two years of unemployment).

I’m a big believer in try­ing to head off trou­ble politely Mr. Levy is to be com­mended as a per­son who both has con­tact with Mr. Kim­ber­lin and his trust due to his ear­lier asso­ci­a­tion in attempt­ing to dis­suade him from these actions. That Kim­ber­lin rejected this wise advice and instead began threat­en­ing Ace in my opin­ion says that Stacy McCain , William Hoge, Aaron Walker & Pat­terico have him pegged exactly right from day one.

As for Mr. Levy he then talks about what he has argued that Ace of Spades.…

…has real rea­son to fear retal­i­a­tion if she is iden­ti­fied. This could involve either the eco­nomic con­se­quences that Kim­ber­lin threat­ened explic­itly, or even phys­i­cal con­se­quences in light of the SWAT­ting phe­nom­e­non vis­ited by unknown per­sons on sev­eral blog­gers involved in con­tro­ver­sies with Kim­ber­lin, not to speak of Kimberlin’s own vio­lent past.

and if that last para­graph didn’t clinch that Kim­ber­lin et/​al are dan­ger­ous this one from the com­plaint should do it:

First, there is a seri­ous dan­ger of retal­i­a­tion against Ace of Spades. Ace is con­cerned by Kimberlin’s past rep­u­ta­tion for vio­lent acts — result­ing not only from Kimberlin’s con­vic­tions for the ter­ror­is­tic bomb­ing cam­paign in Speed­way, but also past reports about Kimberlin’s effort to pro­cure the mur­der of the pros­e­cu­tor of the bomb­ing cases, and the police inves­ti­ga­tion into whether Kim­ber­lin was involved in the gang-​style slay­ing of Julia Scyphers and then planted the bombs to cover up that crime, reported in the Indi­anapo­lis Star. Gelar­den, supra. More­over, even assum­ing that Kim­ber­lin was not him­self involved in the SWAT­ting of his crit­ics (and as long ago as 2012, Ace of Spades specif­i­cally urged her read­ers not to assume that Kim­ber­lin was the SWAT­ter, because she does not believe that he was), the fac­tremains that sev­eral of Kimberlin’s crit­ics have been SWAT­ted. Com­plaint ¶¶ 5862. Given Kimberlin’s pub­lic iden­ti­fi­ca­tion of other crit­ics as soon as his sub­poe­nas revealed their iden­ti­ties, Ace of Spades has every rea­son to fear vio­lence at the hands of Kimberlin’s admir­ers if Kim­ber­lin obtains his iden­ti­fy­ing information.

To those who think this is all over­played or not a big deal re-​read that last sentence.

I have a lot of respect for all those who have taken on Kim­ber­lin & co head-​on, they are doing it not just for them­selves but for those who fol­low who would be intim­i­dated and silenced.

That a debt that can’t be eas­ily repaid.

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[olimome­ter id=3]

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Q: When do you know that everyone’s favorite Convicted Speedway bomber has finally crossed a line even the left can’t abide?

Stacy tells the story of the ACLU and former Kimberlin Lawyer Paul Alan Ley defending Ace is here and here A peek:

I doubt Kimberlin v. Ace of Spades will ever become a landmark Supreme Court ruling, something your grandchildren will read about in history books, but crazier things have happened, so you never know.

But here is the story from the horses’ mouth key bits:

Kimberlin was in prison for some horrifying crimes – the planting of several bombs in Speedway, Indiana – and we had no idea whether Kimberlin was telling the truth about Quayle.  But the Justice Department was not punishing him on the theory that his speech was deliberately false and defamatory (in which case it would have been unprotected by the First Amendment; but how would the Justice Department have known whether Quayle was or was not a drug customer anyway?), and even thugs have the right to criticize public officials.  So we pursued documents about his confinement under the Freedom of Information Act, hoping to set up a Bivens action against the responsible federal officials.  (The action under Bivens and other authorities was brought by pro bono attorneys from Arnold & Porter and was ultimately settled after several denials of summary judgment and trips to the DC Circuit and even the Supreme Court).

Right away Mr. Levy points to Kimberlin as a person who was jailed for horrible crimes.  That being the case it would seem to me that referring to said crimes and or distrusting said person based on those crimes would be not only normal but prudent.

As I usually do in these situations, I began by trying to persuade Kimberlin to drop his discovery request because the blog post in question is not defamatory.  Kimberlin responded by detailing a number of different statements that Ace of Spades had made which, Kimberlin threatened, would be made the subject of an amended complaint.  And when Kimberlin learned that I had not been dissuaded, he sent Ace of Spades an email threatening that, unless Ace immediately accepted Kimberlin’s unspecified terms, Kimberlin would unmask her and she might suffer the same fate as other bloggers whom Kimberlin had managed to identify (Kimberlin mentioned one blogger who had lost his job and suffered two years of unemployment).

I’m a big believer in trying to head off trouble politely  Mr. Levy is to be commended as a person who both has contact with Mr. Kimberlin and his trust due to his earlier association in attempting to dissuade him from these actions.  That Kimberlin rejected this wise advice and instead began threatening Ace in my opinion says that Stacy McCain , William Hoge, Aaron Walker & Patterico have him pegged exactly right from day one.

As for Mr. Levy he then talks about what he has argued that Ace of Spades….

…has real reason to fear retaliation if she is identified.  This could involve either the economic consequences that Kimberlin threatened explicitly, or even physical consequences in light of the SWATting phenomenon visited by unknown persons on several bloggers involved in controversies with Kimberlin, not to speak of Kimberlin’s own violent past.

and if that last paragraph didn’t clinch that Kimberlin et/al are dangerous this one from the complaint should do it:

First, there is a serious danger of retaliation against Ace of Spades. Ace is concerned by Kimberlin’s past reputation for violent acts — resulting not only from Kimberlin’s convictions for the terroristic bombing campaign in Speedway, but also past reports about Kimberlin’s effort to procure the murder of the prosecutor of the bombing cases, and the police investigation into whether Kimberlin was involved in the gang-style slaying of Julia Scyphers and then planted the bombs to cover up that crime, reported in the Indianapolis Star.  Gelarden, supra. Moreover, even assuming that Kimberlin was not himself involved in the SWATting of his critics (and as long ago as 2012, Ace of Spades specifically urged her readers not to assume that Kimberlin was the SWATter, because she does not believe that he was), the factremains that several of Kimberlin’s critics have been SWATted.   Complaint ¶¶ 58-62. Given Kimberlin’s public identification of other critics as soon as his subpoenas revealed their identities, Ace of Spades has every reason to fear violence at the hands of Kimberlin’s admirers if Kimberlin obtains his identifying information.

To those who think this is all overplayed or not a big deal re-read that last sentence.

I have a lot of respect for all those who have taken on Kimberlin & co head-on, they are doing it not just for themselves but for those who follow who would be intimidated and silenced.

That a debt that can’t be easily repaid.

********************************************************

Olimometer 2.52

It’s Wednesday and the quest for the #350 to pay the pay Da Magnificent Seven and the less than magnificent mortgage continues.

You might ask why you should support some overweight guy in a fedora & a scarf writing a parody piece about the media ignoring Jihadists. I submit and suggest it’s BECAUSE I’m writing these pieces that the MSM does not that you should kick in.

10 $25 tip jar hits will do it for this week.

If you would to help Just click on DaTipJar below

Now there is another reason to kick in on a more permanent way

DaGuy low rez copy-psd

Please consider being a subscriber. Only 57 subscribers @ at $20 a month are necessary to secure the cost of DaMagnificent Seven & my monthly mortgage on a permanent basis AND if you so at the $25 level
you can receive one of several Exclusive Original Chris Muir high Res Graphics of original members of DaTechGuy’s Magnificent Seven Gang. like the one on the right


Low res tha lotPlease specify which of the eight hi res (including myself you wish to receive) Subscribe at $50 a month and receive all eight. Subscribe at $100 a month and get all 8 wanted posters high res graphics plus the high res version of all of us exclusively created for subscribers of DaTechGuy blog by Chris Muir himself!