Convicted serial bomber, drug trafficker, and perjuror, Brett Kimberlin, is continuing his assault on any and all who are rude enough to write about him in any way less than completely fawning of his wonderfulness. In one such assault, done under the guise of his lawfare war, he had the rude blogger Aaron Walker arrested while in court responding to a prior Peace Order Kimberlin had managed to obtain.
But of interest here is not so much Kimberlin’s behavior, but the behavior of Maryland Judge C.J. Vaughey in that matter. The Peace Order Kimberlin had obtained, and under which Walker was arrested in Vaughey’s court, centered on this:
Mr. Walker has tweeted on Twitter about me in alarming and annoying ways over hundreds of times in the past week and urged others to attack me. He has generated hundreds of blog posts directly and indirectly based on false allegations that I framed him for an assault.
Mr. Walker has had many people threaten me directly with death, and told me to stop talking to the police, and not show up in court or I would die.
These are carefully, cynically, vague and unsubstantiated claims, yet Vaughey took them at face value, not even inquiring into evidence to support the claims. Then we get this from Walker’s hearing before Vaughey [emphasis mine]:
VAUGHEY: –You’ve decided to battle, and he comes back. And see, you’re—you—you’re the kind of guy, you don’t want to get into this to settle this, mano y mano. You want to get all these friends who got nothing else to do with their time, in this judge’s opinion, because—my God, I’m a little bit older than you are, and I haven’t got enough time in the day to do all the things I want to do. And I thought by retirement, I would have less to do. I got more! Because everybody knows I’m free! So they all come to me. But you, you are starting a—a conflagration, for lack of a better word, and you’re just letting the thing go recklessly no matter where it goes. I mean, you get some—and I’m going to use word I (ph)—freak somewhere up Oklahoma, got nothing better to do with his time, so he does the nastiest things in the world he can do to this poor gentleman. What right has that guy got to do it?
WALKER: He has no right to do that, Your Honor.
VAUGHEY: Well, he’s—you incited him.
WALKER: But, your honor, I did not incite him within the Brandenburg standard though.
VAUGHEY: Forget Bradenburg [sic]. Let’s go by Vaughey right now, and common sense out in the world. But you know, where I grew up in Brooklyn, when that stuff was pulled, it was settled real quickly.
WALKER: I’m not sure what that means, your honor.
VAUGHEY: –Very quickly. And I’m not going to talk about those ways, but boy, it ended fast. I even can tell you, when I grew up in my community, you wanted to date an Italian girl, you had to get the Italian boy’s permission. But that was the old neighborhoods back in the city. And it was really fair. When someone did something up there to you, your sister, your girlfriend, you got some friends to take them for a ride in the back of the truck.
WALKER: Well, Your Honor, what–
VAUGHEY: –That ended it. You guys have got this new mechanical stuff out here, the electronic stuff, that you can just ruin somebody without doing anything. But you started it.
As Popehat points out, the Brandenburg standard is from a Supreme Court ruling that held that speech may be banned on the theory that it is incitement only when it is intended to create, and is likely to create, a clear and present danger of imminent lawless action.
What do we have in this…judge’s…actions, then?
First we have his statement that the law is what he says it is, not what is actually written by our legislators, not what has been ruled by his superiors, the Supreme Court.
We also have this judge’s implicit recommendation that if someone offends Walker, then Walker should simply take that offender for a ride in a truck and “settle” the matter. And by extension, he’s given that ex-con Kimberlin permission to do exactly that.
And he’s accused the victim of Kimberlin’s assault of having started the ex-con’s assault.
Vaughey is unfit to be a judge; he should be removed from the bench he’s sullying as soon as possible.
h/t to Grim’s Hall.