Aaron Worthing Arrested After Kimberlin Peace Order Hearing

RS McCain reported the news first:

Aaron Walker, whose complaint against convicted terrorist Brett Kimberlin became a conservative cause célèbre this past week, was reportedly taken into custody today after a court hearing in Rockville, Maryland.

One person who attended the hearing in Montgomery County District Court said that Kimberlin asserted that Walker’s continued blogging represented a violation of a “peace order” Kimberlin had obtained against the Virginia attorney, who says Kimberlin tried to “frame” him for assault earlier this year.

During the course of the hearing — which reportedly lasted about an hour — Judge C.J. Vaughey appeared to become increasingly hostile toward Walker, who was taken into custody when the hearing concluded.

According to reports, the 73 year old judge was woefully ignorant of the internet and twitter. Worthing, who had trouble containing his frustration throughout the trial, was apparently arrested at the end of it for contempt.

A full accounting of how it all went down by an eye witness, here.

The Judge, and I haven’t confirmed this, but I believe he was former Montgomery County Chief Justice James Vaughan–a guy who retired in ’04, and still takes the odd shift when stuff gets busy or there are vacations. In an earlier matter, Judge Vaughan mentioned he lived in the Caribbean, so pretty sure that’s the guy.–update, man’s named was Vaughey, not Vaughan. Is still retired, taking the odd shift.

It went bad for Walker pretty quickly. If you’ve followed the matter, and I know not a lot of people have, Walker, who is an attorney, acted in an advisory capacity for another blogger who had dealings with Kimberlin. Kimberlin later accused Walker of assault; those charges were null-processed; Walker wrote about things like you’ll read on Kimberlin’s wikipedia page, as well as his own dealings with Kimberlin.

Judge Vaughey had read up on the matter, knew Kimberlin’s history of felony convictions, but clearly was technically ignorant of even basic facts about what Twitter is, in one instance point saying “He Googled you 500,000 times” through the Tubes or whatever. The Judge had identified himself, earlier, as being “of the Royal Typewriter Generation,” and at another point, when confronted with the voluminous material from both sides, asked “don’t people have jobs, who reads this stuff?”

That said, Judge Vaughey did know a lot about the kind of respect a Judge is owed. He also, again, knew all about Kimberlin, saying “even a prostitute is entitled to protection.”

And Walker pissed him off. So did Kimberlin, but Walker identified himself as a Yale-trained lawyer, albeit one who was representing himself. Kimberlin made any number of allegations–essentially, everything that was said about his side–issuing death threats, harming business interests, summoning SWAT teams to the home–was said by Kimberlin to have been done by Walker’s side.

The pair went back and forth, back and forth, with Walker getting increasingly flustered, and the Judge finally asking, “what did they tell you in Yale Law School about interrupting a judge?” And later advising Walker to sit down, grip a pencil, and whenever he was tempted to speak over the Judge (or Kimberlin, but mostly over the Judge), to instead grip the pencil.

At one point, when Walker again interrupted Kimberlin, an attorney who was “advising” Walker–i.e.,. sitting in the coutroom, but not actually at Walker’s table, signaled to the plaintiff that he ought to “zip it.” This process amused Kimberlin, obviously.

For the Judge’s faults, he really did try to let Walker make his case. When Walker was able to question Kimberlin–not about everything, but merely the facts that had occurred in the last 30 days (which is all that’s relevant in a Peace Order Hearing), it became clear that Kimberlin would unravel under any kind of competent examination. The guy’s story changed 3 times in 5 minutes. First it was that Walker had issued 14k tweets against him–which the Judge assumed were to Kimberlin’s account, and by Walker. Then it was 54 pages of 10 tweets each actually by Walker. Then it was 15k tweets about Muslims or something.

Shockingly, Judge Cornelius J. Vaughey upheld the Peace Order, and he further stated that Walker was in no way allowed to harm Kimberlin–and by harm he meant sending blog posts or tweets. Reportedly, the the latter was justified on Walker’s supposed “mob” having issued “death threats” to Kimberlin.

But how does the judge know that the alleged death threats were even legitimate and not astroturfed by Kimberlin’s  crowd? That’s how these people operate. Did Kimberlin produce evidence that Worthing was coordinating death threats and harassment? Note to the judge – a blogburst is not a death threat or harassment. All Aaron Worthing and others have been doing is exercising their right to free speech. How can a judge in Maryland take away that right?

More on this to come soon, I’m sure. Stay tuned.

McCain says in an update:

Just spoke to a source who confirms that witnesses saw Walker led out of the courtroom in handcuffs. Ali Akbar, president of the National Bloggers Club, Tweets:

Will know more on Aaron’s situation at 3:30/4:30pm.

Via Bob Owens:

Judge Vaughey’s order makes the finding:

A.1. That there is clear and convincing evidence that within 30 days before the filing of the Petition, the Respondent committed the following act(s):
Placed Person Eligible for releif in fear of imminent serious bodily harm:  COUNTLESS NUMBER OF BLOGS EITHER THREATENING DEATH

2. That there is clear and convincing evidence that Respondent is likely to commit a prohibited act in the future against the Petitioner.

I’m quite convinced that the senior citizen judge is hopelessly confused about what blogs are, as Walker has never posted anything to his blog that I’ve found that could be remotely construed as a death threat.

At the very most, blog commenters– and perhaps on a different blogs apart from Walker’s  if the judge’s incomplete sentence fragment makes any sense at all–may have made comments, but the law is clear: you cannot be held responsible for comments made by others.

To a layman this is an absurd ruling, and I hope that Walker appeals this peace order and gets a judge under the age of 70 who knows what the Hell the relevant case law is.

SEE ALSO:

Twitchy: Blogger and Brett Kimberlin target Aaron Walker arrested in Maryland; Updated

This is absolutely outrageous. In a positively Kafka-esque turn of events, a Maryland judge has ordered that Walker be taken into police custody while serial harasser, terrorist, and killer Kimberlin remains free.

Lee Stranahan put it best:

If someone is allowed to use a peace order / restraining order against a writer to stop them from writing, we’re ALL in huge peril.

UPDATE:

Hans Bader, Open Market.Org: Injunction Imposed Over Blog Posts That Criticized Convicted Terrorist-Turned-Left-Wing Activist:

The order literally says that there are “countless number of blogs either threatening death.” I have read a great many blog posts criticizing Kimberlin’s misuse of the courts against Worthing, and can attest that none made threats, or  encouraged any threats. Any judge could confirm the absence of threatening blog posts by using Google, so I am charitably assuming that the judge is not a liar, but rather meant to say that the blog posts incited threats by third parties, such as blog comments or emails in response to blog posts. The judge, an elderly man, has a very meager understanding of the Internet, and likely does not understand what a blog is, as opposed to blog comments or blog-generated responses, as this account of the proceedings illustrates.

But even if the blog posts actually did somehow incite death threats, criticism does not lose its First Amendment protection merely because third parties react to it by making threats. (Judge Cornelius Vaughey also ordered Worthing’s arrest, for reasons that are not yet clear. Twitchy reports, “This is absolutely outrageous. In a positively Kafka-esque turn of events, a Maryland judge has ordered that Walker be taken into police custody while serial harasser, terrorist, and killer Kimberlin remains free.”)

Keep reading.

UPDATE II:

Via The Other McCain:  6:25 p.m. ET:

Sources say that blogger Aaron Walker has been released from custody in Rockville, Maryland. He was charged with “incitement,” but released on his own recognizance. Readers are encouraged to donate to the National Bloggers Club to help support Aaron’s defense against Brett Kimberlin.

UPDATE III:

Patterico weighs in: Aaron Walker Arrested for Blogging? Clearing Some of the Fog Surrounding Today’s Litigation

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26 Responses to “Aaron Worthing Arrested After Kimberlin Peace Order Hearing”

  1. #EveryoneBlog AboutAaronWalkerDay « That Mr. G Guy's Blog Says:

    [...] Nice Deb has jumped into the fray; Shockingly, the Judge  upheld the Peace Order, and he further stated that Walker was in no way allowed to harm Kimberlin–and by harm he meant sending blog posts or tweets. Reportedly, the the latter was justified on Walker’s supposed “mob” having issued “death threats” to Kimberlin. [...]

  2. Blackiswhite, Imperial Consigliere Says:

    I feel one hell of a First Amendment case coming on.

  3. REPORT: Aaron Walker Arrested After Maryland Hearing on Kimberlin Case : The Other McCain Says:

    [...] thanks!Michelle Malkin has been absolutely on fire over this.UPDATE VI: Linked at Twitchy, Popehat, Nice Deb, Sooper Mexican, Darth Chipmunk, Daily Pundit, Andrew J. Patrick, Daley Gator, PJ Tatler and The [...]

  4. Breaking… Blogger Aaron Walker Arrested after Maryland Hearing on Kimberlin Case « The Radio Patriot Says:

    [...] people there.  The actual hearing was first in the regular room … Discussion: SOOPERMEXICAN, Nice Deb, An Ex-Con’s View and [...]

  5. John Says:

    As much as it pains me to say this… Aaron was poorly represented. I represented myself once and lived to tell the tale, only because the judge was kind and wanted to expedite the process. Subsequently as problems arose I hired a lawyer to cleanup my mess. That was the first and last time I made that particular error. Hopefully, Aaron will emerge from this quickly.
    That said, if half of what is said of Kimberlin is true I suspect his ordeal will be worse than what Aaron has been put through.

  6. TexasMom2012 Says:

    This judge was obviously incompetent to hear this case and should have recused himself. How can he make a ruling on hearsay while at the same time admitting he is from the “typewriter” generation and doesn’t understand bloggers or twitter? Heck, I used a typewriter and learned to program using PUNCH cards but I get the net and apparently this judge has no clue? Even my 77 YO father knows more about the internet and he doesn’t even have acces any more! Please contact the Maryland AG over this gross miscarriage of justice. I sent him an email earlier today oag@oag.state.md.us and I suggest others do their part, please!

  7. nicedeb Says:

    The law will catch up with him, for sure.

  8. Trevor Loudon's New Zeal Blog Says:

    [...] SOOPERMEXICAN, Nice Deb, An Ex-Con’s View and [...]

  9. Aaron Walker Jailed on ‘Violation’ of Peace Order Says:

    [...] several sites—Nice Deb’s is particularly handy—comes blogger Munsey’s eyewitness account. If Munsey is correct, Judge C.J. Vaughey is [...]

  10. A Conservative Teacher Says:

    FYI: Judge CORNELIUS J. VAUGHEY was appointed by a Democrat. In Maryland, Governor’s appoint judges, he was appointed in 1992, the Governor was Democrat William Donald Schaefer.

  11. This Week’s Watcher’s Council Nominations | therightplanet.com Says:

    [...] Deb -Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  12. snoopythegoon Says:

    Yeah… Aaron Walker, apparently, made the mistake law students are warned about on (approximately) day 1 of their studies; never to represent self. And he paid for it.

  13. Breaking News update: First Amendment repealed by Maryland Court – Tea Party Nation « Gds44's Blog Says:

    [...] Aaron Worthing Arrested After Kimberlin Peace Order Hearing (nicedeb.wordpress.com) [...]

  14. Watcher’s Council Nominations – Post Memorial Day Edition | Independent Sentinel Says:

    [...] Deb -Aaron Worthing Arrested After Kimberlin Peace Order Hearingsubmitted by Gay [...]

  15. Being Breitbart by beating the drum over the Kimberlin issue « The Radio Patriot Says:

    [...] EBL, Sister Toldjah, The Other McCain, Le·gal In·sur·rec· tion, Popehat, The Jawa Report, Nice Deb, American Glob, Bob Owens, Michelle Malkin, The Camp Of The Saints, American Power and Thoughts and [...]

  16. If Criminal #BrettKimberlin And Crew Thought Anti-Constitutional Threatening Would Silence The People « Truth Before Dishonor Says:

    [...] SOOPERMEXICAN, Truth Before Dishonor, Examiner, Twitchy, The Lonely Conservative, American Power, Nice Deb, Atlas Shrugs, Michelle Malkin and [...]

  17. Watcher’s Council Nominations – Post Memorial Day Edition | askmarion Says:

    [...] Deb -Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  18. Trevor Loudon's New Zeal Blog Says:

    [...] Deb – Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  19. Bookworm Room » Watcher’s Council post-Memorial Day edition Says:

    [...] Deb -Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  20. Watcher of Weasels » The Council Has Spoken!! This Week’s Watcher’s Council Results Says:

    [...] Chicago Gang Goes After Romney submitted by The WatcherSixth place *t* with 1/3 vote -Nice Deb –Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay Patriot Sixth place *t* with 1/3 vote -Omri Ceren/Commentary Magazine –The [...]

  21. The Council Has Spoken!! This Week’s Watcher’s Council Results | Independent Sentinel Says:

    [...] place *t* with 1/3 vote -Nice Deb –Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  22. GayPatriot » Watcher’s Council — First Winners of June Says:

    [...] place *t* with 1/3 vote -Nice Deb –Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]

  23. Trevor Loudon's New Zeal Blog Says:

    [...] place *t* with 1/3 vote – Nice Deb – Aaron Worthing Arrested After Kimberlin Peace Order Hearing submitted by Gay [...]


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