Breakthrough: Fox covers Brett Kimberlin/ Patterico SWATting, bloggers continue pressing the story

Michelle Malkin by Michelle Malkin on May 31st, 2012

This is article 306 of 576 in the topic Media

Go to Twitchy for details and video link.

As I noted last week, Fox News’s Ed Barnes had previously covered Brett Kimberlin’s sordid past in 2010.

Brit Hume also weighed in on Aaron Walker’s hearing yesterday.

Keep shedding light. The truth about radical, violent, lying, dangerous felon is getting out there. And we are all better off because of those who had the courage to blow the whistle.


Matthew Vadum keeps shining light on Kimberlin’s left-wing philanthropic patrons — this time, it’s the Threshold Foundation.

David Hogberg at IBD covered Walker’s hearing and the muzzling of the 1st Amendment.

William Jacobson blogs about Kimberlin, Walker, and warning signs.

More from Patterico on the online terrorists’ abuse of process and clearing some fog over the Walker hearing:

This post is based on a couple of first-hand accounts from witnesses who don’t want to be named. I have not had a chance to read transcripts, listen to court audio, review minute orders, or see any other similar material (besides two docket entries shown below) that would definitively establish precisely what happened. But I am reasonably confident of the following:

Aaron was not arrested for second degree assault, contrary to some false reports floating around. The rumor apparently started because the deputy who arrested him was familiar with the incident in which Aaron grabbed Kimberlin’s iPad when Kimberlin was trying to take a picture of him. Apparently the deputy believed that he was arresting Aaron for that alleged assault. But Aaron was actually booked for violating a peace order.

It does not appear that Aaron was held in contempt for his behavior in court today. Aaron may have irritated the judge by interrupting Kimberlin and the judge repeatedly (a good reason why you don’t represent yourself in court; you are too emotionally involved). But as you’ll hear below, it sounds like the judge explicitly disregarded applicable Supreme Court precedent, saying he didn’t care about it.

As best as I can tell, the arrest occurred because Brett Kimberlin got a warrant from a judge two days ago, for a criminal charge of violation of a peace order.

I am not an expert on Maryland criminal law, but from talking to people about this, it appears (stunning as it sounds) that they have a procedure there in Maryland whereby any citizen can go to a judge and swear out a complaint against another citizen for a crime. If the judge makes a finding of probable cause — and it appears that they rubber-stamp these things, in my opinion — the warrant issues, without any prosecutorial oversight. Only at some point in the future does the State’s Attorney decide whether the charges are appropriate.

(As an aside, this is my understanding of what happened when Aaron was facing second degree assault charges several weeks ago. As best as I can understand the process, the case was never “filed” by the State’s Attorney. They dismissed it after a video showed Kimberlin had lied under oath about several aspects of the incident. But the charges had lingered on for weeks before they did.)

…So Brett Kimberlin, knowing that Aaron was coming to court to defend against a civil “peace order,” lay in ambush with a criminal charge, so that Aaron would be arrested.

One wonders if this is his new strategy: he sues you for your blogging, and simultaneously obtains a peace order saying you harassed him. If you blog about him again, he gets a judge to rubber stamp a criminal complaint for violating the peace order.

Now, if you don’t show up for the lawsuit, he gets a default judgment. If you do, you get arrested for blogging.

Catch 22. And a nice scam if you can get judges gullible enough to go along with it.

Where are the fair-weather friends of freedom of speech when you need them?

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