Q: When do you know that everyone’s favorite Convicted Speedway bomber has finally crossed a line even the left can’t abide?
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.
It’s Wednesday and the quest for the #350 to pay the pay Da Magnificent Seven and the less than magnificent mortgage continues.
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