UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION

BRETT KIMBERLIN, Plaintiff,

v. No. PWG 133059

NATIONAL BLOGGERS CLUB, etal., Defendants

PLAINTIFF'S RESPONSE TO DEFENDANTS HOGE AND WALKER'S MOTIONS TO DISMISS

Now comes Plaintiffand responds in opposition to Defendants Hoge and Walker's

Motions to Dismiss. The Court must deny a Motion to Dismiss under Rule 12(b)(6)

ofthe Federal Rules ofCivil Procedure unless it IIappears beyond doubt that Plaintiff can prove no set offacts in support ofhis claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, (1957). liThe question is whether in the light most favorable to the Plaintiff, and with every doubt resolved in his behalf, the

Complaint states any valid claim for relief." SA Wright & Miller, Federal Practice and

Procedure: Civil 2d § 1357, at 336. The Court, when deciding a motion to dismiss, must consider well-pled allegations in a complaint as true and must construe those allegations in favor ofthe plaintiff. Scheuerv. Rhodes, 416 U.S. 232, 236

(1974);jenkinsv. McKeithen, 395 U.S. 411, 421-22 (1969). The Court must further disregard the contrary allegations ofthe opposing party. A.S. Abell Co. v. Chen 412

F.2d 712, 715 (4th Cir.1969); Lujan v. National Wildlife Federation, 497 U.S. 871

(1990) ("a complaint should not be dismissed for insufficiency unless it appears to a certainty that plaintiffis entitled to no reliefunder any state offacts which could be proved in support ofthe claim.") (emphasis added).

1 Maryland's Three-Year Statute ofLimitations Applies to Plaintiffs False Light Invasion ofPrivacy Claim

1. Defendants argue that Plaintiffs claim of False Light Invasion of Privacy is

barred by Maryland's one year statute oflimitations, and they cite Smith v.

Esquire, 494 F. Supp. 967 (D. Md. 1980), in support oftheir argument. This is

without merit.

2. In 1988, Maryland's highest Court rejected the reasoning ofSmith in Allen v.

Bethlehem Steel Corp., 314 Md. 458 (1988):

We disagree with Smith. What the district court judge said in Smith may be true, but the Maryland statute of limitations is vividly clear. An action for libel and slander shall be filed within one year ofthe date it accrues. Courts Art. § 5-105. Other tort actions shall be filed within three years ofthe date they accrue. Courts Art. § 5-101. Nowhere in § 5-101 does it provide an exception for "false light" cases. Even though we recognize the district court judge's view as to how the statute oflimitations will be avoided, that "loophole" must be plugged bythe Legislature.

Clearly, Maryland general three-year statute oflimitations applies to the

False Light Invasion ofPrivacy Claim.

Defendants Have Portrayed PlaintiffIn False Light

3. As set forth in the Complaint, Defendants have repeatedly imputed and

stated that Plaintiff is a swatter or involved with swatting. The Defendants

are members of Defendant National Bloggers Club, which continues to state

on its website that Plaintiff is a swatter. Exhibit A. These published

statements are false and portray Plaintiffin false light. A plaintiffmay prove a

claim offalse light invasion ofprivacy byshowing: (1) that the defendant

gave publicity to a matter that places the plaintiffbefore the public in a false

light; (2) that a reasonable person would find that the false light in which the

2 other person was placed highly offensive to a reasonable person; and (3) that

the defendant had knowledge ofor acted with reckless disregard as to the

falsity ofthe publicized matter and the false light in which the defendant

placed the plaintiff. Bagwell v. Pennisula Regional Medical Center, 665 A,2d

297 (1995).

4. Clearly, Plaintiff has properly alleged a false light invasion ofprivacy claim.

Plaintiffs Defamation Claim is Not Barred By Maryland's One-Year Statute ofLimitations

5. Defendants argue that Maryland's one-year statute oflimitations bars

Plaintiffs defamation claim because "all alleged statements by Mr. Hoge were

made more than one year before filing ofthe instant suit." Hoge at 11. See

also Walker at 41. These arguments are without merit for a multitude of

reasons.

6. On June 8, 2012, Defendant Hoge wrote a letter and published it on his blog

stating that Plaintiffwas a swatter who should be investigated and put in

prison. Complaint at 28. Defendant Walker on his personal blog and on his

personal Twitter account has repeatedly stated and imputed that Plaintiff

swatted him. Complaint 16 et seq.

7. These publications were part ofa campaign that continues to this day to

falsely accuse Plaintiffofcrimes in order to harm him and raise money for

the Defendants. This campaign constitutes discrete acts byand a conspiracy

among the Defendants, and the overt acts ofthis conspiracy accusing Plaintiff

ofswattings did not stop on June 8, 2012. In fact, Defendant Ali Akbar, on

behalfof Defendant National Bloggers Club ofwhich Defendants Hoge and

3 Walker are members, stated on his blog on October 14, 2013, that Plaintiff

was responsible for the swattings. Exhibit A. Defendant Akbar uses that blog

to raise funds for Defendants Hoge and Walker and other bloggers to pay for

legal costs in this case involving Plaintiff. Exhibit A. Defendants Hoge and

Walker, in turn, ask readers on their blogs and on Twitter accounts to donate

to the National Bloggers Club. Therefore, Defendants Hoge and Walker, as

members ofthe National Bloggers Club, which continues to raise money

based on false assertions of Plaintiffs involvement in swatting, defamed

Plaintiffas a swatter as late as October 14, 2013, well within the one-year

statute oflimitations.

8. Since Plaintiff has alleged a conspiracy in this case, the statute oflimitations

does not begin until the last overt act ofthe conspiracy. ShessJer v. Keck, 271

P.2d 588, 292 (2d Dist. CA 1954) ("where the complaint alleges that all the

allegedly libelous acts were committed pursuant to a conspiracy formed by

the defendants, the statute oflimitations does not commence to run against

any ofthe libelous acts until commission ofthe last over act done in

furtherance ofthe conspiracy.") The conspiracyalleged by Plaintiffis a

continuing one that has not yet ceased.

9. Moreover, the statute oflimitations does not apply because the Defendants

were responsible for causing threats to Plaintiff ofdeath and harm if he went

to court or contacted the authorities. See Complaint at 12. Defendant Hoge

took these threats even further by twice filing false criminal charges against

Plaintiffin February and March 2013, which were nolle prossed, and then

4 filing a false Peace Order against Plaintiff in March 2013, which was denied

and which he then appealed in May 2013, and that was also denied. Exhibit

B. Defendant Walker attempted to file criminal charges against Plaintiff in

Howard County on or about March 13, 2013 and when that was rejected, he

filed a Peace Order on the same day, which was also rejected. Exhibit C. These

false charges were intended to instill fear in Plaintiffand did intimidate

Plaintiffnot to seek redress. Defendant Walker also filed two malicious civil

suits against Plaintiffin 2012, which were intended to stop him from seeking

redress. In fact, in Walkerv. Kimberlin et aI, 12-CV-01852-JFM, filed in this

Court, Defendant Walker asked the Court to prohibit filing any suits or

pleadings in court unless first getting permission from a court appointed

administrative law judge.

10. Defendants Hoge and Walker continue to intimidate Plaintiffevery day ofthe

week and raise money based on their exploitation oftheir false narratives. In

fact, they filed motions in this case to require Plaintiffto file all pleadings

under oath so they could file more harassing criminal charges against

Plaintiffbased on their delusional conclusions ofperjury. This Court properly

denied those motions on December 30, 2013. They write at least one daily

post on their blogs about Plaintiffand send hundreds ifnot thousands of

tweets a month about Plaintifffilled with all sorts of intimidating language,

graphics, and threats ofimprisonment and doom. All ofthese are

accompanied by a donate button to help them raise money to target Plaintiff.

See e.g., Exhibits Dand E. Many ofthese posts accuse Plaintiff ofcrimes and

5 discuss every nuance ofevery pleading filed by Plaintiffwith commentary

that Plaintiffwill be jailed or sanctioned by this judge or that judge. Id. The

purpose for these threats and intimidation tactics is to chill Plaintiffs right to

redress.

11. It is well established that the statute oflimitations can be tolled where the

defendant engages in conduct that threatens or intimidates a party against

seeking redress. In such a case, the defendant is estopped from relying on

the statute oflimitations until after the intimidating or threatening behavior

ceases. Cf. Murphy v. Merzbacher, 346 Md. 525, 532, 697 A.2d 861 (1997).

12. Clearly Plaintiff has brought this defamation claim within one year of

Defendant Hoge and Walker's defamation and intimidation tactics, and

therefore there is no statute oflimitations bar to Plaintiffs defamation claim.

Plaintiffs Has Established All The Elements OfDefamation

13. A defamatory statement is one which tends to expose a person to public

scorn, hatred, contempt or ridicule, thereby discouraging others in the

community from having a good opinion of, or from associating or dealing

with, that person.

"To recover for defamation under Maryland law, a plaintiffmust establish that: (1) the defendant made a defamatory statement regarding the plaintiff to a third person; (2) the statement was false; (3) the defendant was legally at fault in making the statement; and (4) the plaintiffsuffered harm thereby." Holt v.Camus, 128 F. Supp. 2d 812, 815 (D. Md. 1999).

14. Defendants Hoge and Walker argue that Plaintiffis defamation proofbecause

(1) he was convicted ofa crime that occurred in 1979 and (2) is a public

figure. These arguments are without merit.

6 15. The Defendants, through their various frivolous lawsuits, Peace Orders and

criminal charges against Plaintiff, have been trying to get a judge, any judge,

to rule that Plaintiff is a public figure. On each and every occasion, this

argument has failed. In fact, when Defendant Walker filed a motion for such

a finding in another defamation case brought by Plaintiff, Kimberlin v. Allen,

Montgomery County Circuit Court #339254, which resulted in a favorable

judgment for Plaintiff, Judge Quirk denied the motion on February 2,2012.

Defendant Walker made the same argument in a civil case in Prince William

County Virginia but the judge implicitly rejected it when he excoriated

Walker for filing a frivolous and malicious suit against Plaintiff. The judge

dismissed that case on December 4,2012. See Exhibit F. Now Defendants

Hoge and Walker are making the same argument that has been repeatedly

rejected by other courts.

Docket Date: 02/09/2012 Docket Number: 140 Docket ORDER, FOR APPROPRIATE RELIEF Description: Docket Type: Ruling Filed By: Court Status: Denied Ruling Judge: QUIRK, JOSEPH M Reference Motion: 119 Docket(s): ORDER OF COURT (QUIRK, J.) THAT DEFENDANT'S MOTION TO DECLARE BRETT Docket Text: KIMBERLIN AS A PUBLIC FIGURE RATHER THAT PRIVATE CITIZEN (D.E. #119) IS DENIED, ENTERED. (COPIES MAILED)

16. Plaintiff is the Director ofa Maryland based non-profit that works with

famous bands and artists to inspire youth to get involved with civic

participation. In that capacity, Plaintiffhas an impeccable reputation. Yet

Defendants Hoge and Walker and the other Defendants spend thousands of

7 hours each year, with tens ofthousands ofblog posts, tweets, and frivolous

court filings trying to destroy Plaintiffs livelihood with false allegations of

crimes, such as swattings.

17. Defendants Hoge and Walker and the other Defendants have acted with

extreme malice in their defamatory conduct. They have created a cottage

industry with their false narratives against Plaintiff, lining their pockets with

tens ofthousands in donations, increasing their web ranking on Internet

search engines, and inciting their readers to hate Plaintiff, to attack him, to

stalk him, and to harass him, his family and anyone, including judges,

prosecutors and reporters, who supports him or rejects their false narratives.

In fact, Defendants Hoge and Walker were the creators ofa campaign against

the Howard County Prosecutors which resulted in weeks ofthreats and

harassment to that office simply because they would not prosecute Plaintiff

and others for the false crimes concocted by Hoge and some ofthe other

Defendants. Exhibit G. Clearly, Defendants Hoge and Walker and the other

Defendants acted with reckless disregard for the truth in falsely stating and

publishing that Plaintiffwas a swatter or was involved with swattings. New

York Times Co. v. Sullivan, 376 US 254 (1964).

PlaintiffHas Properly Alleged Violation ofRICO and Conspiracy to Violate RICO

18. Defendants Hoge and Walker argue that Plaintiff has not alleged two

predicate acts or the existence ofa RICO Enterprise. These arguments are

without merit.

8 19. The National Bloggers Club ("NBC), an organization ofwhich Defendants

Hoge and Walker are members, has publicly stated that it is a 501(c)(3) non­

profit which accepts tax-deductible donations. Exhibit H. This is false

because it has neither applied for nor been granted 501(c) (3) status by the

Internal Revenue Service. Exhibit 1.

20. NBC has raised more than $10,000 in donations as a result ofits fraudulent

representations. That money has been sent to NBC by mail and by

wire/Internet across state lines. As such, NBC engaged in wire fraud and

mail fraud under 18 USC 1341 and 1343. NBC received scores ifnot

hundreds ofdonations in this way, and each donation constitutes a separate

predicate act under RICO. Wang Laboratories v. Burt} 612 F.Supp. 441

(D.Md.1984) (each act is a separate offense under RICO even ifthere is but

one scheme involved).

21. On information and belief, NBC deposited the funds it received from its

fraudulent fundraising scheme into a federally insured bank(s), and

laundered them for the purposes ofits members in violation of18 USC 1957.

Again, each financial transaction constitutes a predicate act under RICO.

22. The Defendants, including Defendants Hoge and Walker, knew that NBC was

fraudulently raising funds when media reports in May 2012 identified NBC

President and Defendant Ali Akbar as a convicted felon from the State of

Texas. Those media reports disclosed that NBC had never applied for or

received SOl(c)(3) status from the IRS. ExhibitJ. Some ofthose media

9 reports demanded that NBC and Defendant Akbar disclose the IRS approval,

but that disclosure never occurred because there was no IRS approval. Id.

23. Once Defendant Akbar was exposed as a felon and huckster, the Defendants

continued to raise funds through another Defendant, DB Capitol Strategies,

which falsely published on its website that Plaintiffwas involved with

swatting conservative bloggers. See Response to DBCS' Motion to Dismiss.

Dan Backer and DBCS had been connected to Defendant Akbar for several years,

and had been paying Defendant Akbar's Vice & Victory Agency for political

messaging, website development, and other things, dating back two years. See

FEC Expenditures at Exhibit K. This fact alone implies guilty knowledge by

the Defendants that raising funds through NBC while falsely portraying it as a

501(c) (3) was illegal and constituted fraud.

24. As demonstrated in great detail in Plaintiffs Response to Defendant DB

Capitol Strategies' Motion to Dismiss, it, through its attorney Dan Backer,

then filed a malicious and frivolous lawsuit in this Court against Plaintiffand

two non-profits with which he is involved requestingthat this Court prohibit

Plaintiff from filing any pleadings in Montgomery County Courts without first

getting permission from a federal administrative judge. Walker v. Kimberlin,

JFM 12-1852 (Nov. 28,2012). Judge Motz dismissed that case out ofhand

but not before Defendant DB Capitol Strategies (1) tried to get Plaintiff fired

from his non-profit job in return for dismissing the non-profits from the suit,

and, when that did not work, and (2) issued a document hold to a foundation

that funded those non-profits falsely asserting that Plaintiffand the non-

10 profits were engaged in criminal activity. These actions by Defendant DB

Capitol Strategies constituted attempted extortion under 18 USC 1951. In

essence, Defendant DB Capitol on behalfof Defendant Walker said: "fire

Plaintiffor we will destroy the funding base ofthe non-profits." And when

Plaintiffwas not fired, they followed through with their threat by sending a

document hold letter laced with false allegations ofcriminal activity by

Plaintiffand the non-profits to the non-profit's largest institutional funder.

And that funder in turn ceased funding the non-profit. This not only

demonstrates extortion, but it also meets the injury to property or business

requirement of18 USC 1964.

25. This conduct by Defendant DB Capitol Strategies, on behalfof Defendant

Walker, also violates 18 USC 1513(e) because it was meant to retaliate

against Plaintifffor providing information to state and federal law

enforcement about the conduct ofthe Defendants. Indeed, both Defendants

Walker and Frey complained bitterly that Plaintiffwas "fucking" with them,

Exhibit T, when all Plaintiffever did was provide information to law

enforcement officials and the Courts about their conduct. Section 1513(e)

provides as follows:

(e) Whoever knowingly, with the intent to retaliate, takes any action harmful to any person} including inteiference with the lawful employment orlivelihood ofany person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission ofany Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both. (emphasis added).

11 26. Defendants Hoge and Walker assert that the obstruction ofjustice claims

cannot be predicate acts because there was no "official proceeding" pending

involving Plaintiff. However, there were official proceedings as well as

federal involvement. First, the swattings occurred across state lines, which

therefore brought them under the jurisdiction offederal law enforcement.

Second, the FBI was investigating the swattings and in fact came

unannounced to Plaintiffs home to interview him about the swattings. Third,

87 Congress Members and at least one US Senator wrote letters to the

Attorney General requesting a federal criminal investigation. Exhibit L. And

fourth, Congress Members raised the issue ofswatting on the floor ofthe

House on at least one occasion. Therefore, the Defendants' actions are also

prohibited by 18 USC 1512(b), which includes engaging "in misleading

conduct toward another person, with intent to influence, delay, or prevent

the testimony ofany person in an official proceeding, which includes ita

proceeding before Congress." They also violated section 1512(d) by

harassing Plaintiff for years so he would not seek redress in federal courts or

talk to federal law enforcement officials.

27. The Defendants falsely told the FBI, Senators and Congress Members that

Plaintiffwas involved with the swattings and then intimidated Plaintiffby

engaging in conduct that resulted in him being repeatedly threatened not to

appear in court or talk to law enforcement officials. They sued, harassed,

stalked, threatened him with prison, with job loss and caused death threats

against him for seeking redress. Defendant Walker assaulted him in the

12 Montgomery County Circuit Courthouse so severely that he had to go to the

Emergency Room at Suburban Hospital, where he was treated and given

medicine for contusion to the eye, pain and dizziness. And when Plaintiff

contacted the police about the assault, Defendant Walker created the false

narratives and conceived the National Bloggers Campaign against Plaintiffin

retaliation for seeking redress and the administration ofjustice. All ofthis

constitutes obstruction ofjustice and retaliation under the "Omnibus Clause"

of18 USC 1503, which states:

Whoever ... corruptly orby threats orforce, or by any threatening letteror communication, influences, obstructs, or impedes, orendeavors to influence, obstruct, or impede, the due administration ofjustice, shall be fined not more than $5,000 or imprisoned not more than five years, or both." (emphasis added).

28. The Defendants also engaged in a conspiracy to threaten, assault and

intimidate Plaintiffand therefore their conduct is prohibited by 18 USC

1512(k).

29. All ofthese obstruction ofjustice statutes constitute predicate acts under

RICO.

PlaintiffProperly Alleged the Existence ofa RICO Enterprise

30. Plaintiffhas alleged in the Complaint that the National Bloggers Club is a

fraudulent Enterprise because it falsely portrays itselfas a 501(c)(3) non-

profit when it is not. It raises money based on that fraudulent representation

and it uses false accusations ofcriminal activity by Plaintiffto fleece people

out ofmoney to run its fraudulent activities. It engages in wire and mail

fraud, as well as money laundering.

13 31. Most ofthe Defendants are members of, paid by or otherwise involved with

the National Bloggers Club in some fashion. Defendant Ali Akbar is the boss,

Patrick Frey is the consigIiore, DB Capitol Strategies is the legal muscle, and

various other Defendants are the lynch mob, taking orders from Defendants

Akbar and Frey to harass Plaintiffthrough various means such as physical

assault, stalking, malicious legal filings, and false allegations online.

32. Most ofthe Defendants have been or are involved with a common scheme to

harm Plaintiffwith false narratives ofcrimes in order to raise funds, increase

their ranking on Internet search engines, and incite their readers to act in

some harmful way against Plaintiffand his employer.

33. The Defendants have conspired with one another in their common purpose

through a course of conduct, which has lasted for more than two years,

involving scores ofpredicate acts and intent to violate the laws ofthe United

States and the rights of Plaintiff. The Complaint sets forth in great detail that

the Defendants have both a formal and informal framework, with daily and

sometimes hourly contact through various networks, mainly through the

Internet, for carrying out its objectives. The Defendants function as a

continuing unit to achieve the common purpose ofharming Plaintiffin every

and any way possible. This clearly satisfies the RICO Enterprise requirement.

Boyle v. United States, 556 U.S. 938 (2009).

34.18 U.S.c. § 1961(1) defines "racketeering activity" to include "any act or

threat involving ... extortion ... [or] any act which is indictable under any of

the following provisions ofTitle 18, United States Code: ... section 1341

14 (relating to mail fraud), section 1343 (relating to wire fraud).... " The

Complaint clearly alleges more than two acts in furtherance ofthe conspiracy

that may be in violation ofthe mail and wire fraud statutes. Additionally, the

Complaint alleges acts ofextortion and money laundering which are "acts"

included in the definition of"racketeering activity." The Complaint alleges

other predicate acts including obstruction acts. These acts were done in

order to injure Plaintiff, his property, his livelihood and his employer.

35. In order for a plaintiff to have standing to bring a RICO claim, he must allege

an "injury in his business or property" by reason ofa violation of RICO. 18

U.S.c. § 1964(c). In Wang Laboratories v. Burt, 612 F.Supp. 441 (1984),

this Court found that "Wang's allegations ofinjury to its business reputation

and customer goodwill in addition to its loss ofrevenues satisfied the injury

requirement of18 U.S.c. § 1964(c)." See Kimmel v. Peterson, 565 F.Supp. 476,

495 (E.D.PA 1983) (Plaintiffs allegations ofmonetary losses as a result of

defendant's fraud sufficiently allege "injury" under 18 U.S.C.§1964(c)).

Hellenic Lines, Ltd. v. O'Hearn, 523 F.Supp. 244, 248 (S.D.N.Y. 1981) (the

corporation was injured for purposes of RICO if, as alleged, it sustained

monetary damages).

36. Defendants Hoge and Walker joined the Enterprise and committed predicate

acts in order to cause maximum harm to Plaintiff, his livelihood, his property,

and his employer. In fact, one their main goals in the Enterprise was to drive

Plaintiffout ofbusiness and intimidate him from exercising his First

Amendment right to redress. In Northeast Women's Health Center v.

15 McMonagle, 868 F.2d 1342 (3 rd Cir. 1989), the Court addressed a similar fact

situation where activists used threats, intimidation, violence and extortion in

an attempt to drive a health clinic out ofbusiness.

The "right" on which the Center's case was predicated was the right to continue to operate its business. The Center's extortion claim was that Defendants used force, threats offorce, fear and violence in their efforts to force the Center out ofbusiness. The court told the jury that, "[s]pecifically, defendants are charged with attempting and conspiring to extort from the Center its property interest in continuing to provide abortion services[;] from its employees, their property interest in continuing their employment with the Center[;] and from patients, their property interest in entering into a contractual relationship with the Center." Rights involving the conduct ofbusiness are property rights. As we pointed out in United States v. Local 560, 780 F.2d 267, 281 (3d Cir. 1985), ... other circuits which have considered this question are unanimous in extending the Hobbs Act to protect intangible, as well as tangible, property. (Citations omitted). It is, ofcourse, no defense to extortion that Defendants did not succeed in their ultimate goal, although, as McMonagle's own letter admitted, Defendants' activities did contribute to the Center's loss ofits lease at the Roosevelt Boulevard location.... Attempted extortion and conspiracy to commit extortion are crimes under the Hobbs Act, see 18 U.S.c. § 1951(a), and "any act which is indictable under [the Hobbs Act]" is a predicate offense under RICO. 18 U.S.C. § 1961(1)(B).

37. Plaintiffhad a "property interestl1 in continuing his employment as the

director ofa non-profit that he had worked at for the previous eight years.

He had a /lproperty interest" in being able to raise funds for that business to

pay his salary and the other salaries and expenses ofthe business. Yet,

Defendants Hoge and Walker conspired with the other Defendants, and

attempted and engaged in conduct intended to deprive Plaintiff ofthose

property interests. They have stated many times that they want to destroy

the non-profits by stopping their funding and urged others to demand the

same. See e.g., Exhibit Mand N.

16 35. Clearly, Plaintiff has alleged injury to his business reputation, his property

and his loss ofrevenues to satisfy the injury requirement ofRICO.

PlaintiffProperly Alleges Conspiracy to Violate the Ku Klux Klan Act of1871 Under 42 USC 1985

36. To state a claim under 42 U.S.C. § 1985, a plaintiffmust show that the

Defendants conspired with a state actor who acted under color oflaw under

42 USC 1983 by violating a victim's Constitutional right. West v. Atkins, 487

U.S. 42, 48 (1988). "The traditional definition ofacting under color ofstate

law requires that the defendant in a § 1983 action have exercised power

'possessed by virtue ofstate law and made possible only because the

wrongdoer is clothed with the authority ofstate law.'" Id. at 49, quoting

United States v. Classic, 313 U.S. 299, 326 (1941). Generally, "a public

employee acts under color ofstate law while acting in his official capacity or

while exercising his responsibilities pursuant to state law." Atkins, 487 U.S. at

50. See also Griffin v. Maryland, 378 U.S. 130,135 (1964) (UIfan individual is

possessed ofstate authority and purports to act under that authority, his

action is state action. It is irrelevant that he might have taken the same action

had he acted in a purely private capacity or that the particular action which

he took was not authorized by state law"). Defendant Frey acted under color

ofstate law when he relied on the authority ofhis State role as a prosecutor

to threaten to and actively criminally investigate Plaintiff. A nexus exists

between the wrongful act (the issuance ofthe threats and the attempts to

investigate and imprison Plaintifffor swattings) and Defendant Frey's abuse

ofhis authority as a prosecutor for Los Angeles County.

17 37. Defendant Frey is a Los Angeles District Attorney who has used his position

under color oflaw to harass, retaliate against, intimidate, threaten and

attempt to imprison Plaintiff, and incite others to do the same. He is the

person all the Defendants rely on to give their false narratives credibility. He

is the equivalent ofthe Alabama Sheriffby day and the Klan leader by night

directing his hooded followers to destroy his perceived enemies, including

Plaintiff. He regularly contacts the Defendants through email, phone, direct

messages and other means ofcommunication to facilitate his tortious

destruction campaigns.

38. When Plaintiff complained to Defendant Frey's supervisors about his

conduct, Defendant Frey retaliated against Plaintiffbyconcocting the false

swatting narrative. He wrote an email to Defendant Walker telling him that

he had contacted and met with the FBI in Texas and elsewhere, and provided

false information about Plaintiff. Exhibit O. He contacted Barrett Brown, the

head ofthe hacking group Anonymous and tried to interest him in Plaintiff.

Exhibit P. There was an implicit quid pro quo in that request because Brown

was facing legal problems ofhis own. Frey counseled Defendant Walker on

how to file and prepare legal filings against Plaintiffto make him appear

odious: "No, You have to startwith ten seconds oflabeling him a convicted

bomber and convicted perjurer, and say this is established by major media

stories and by published court decisions. Then say he obtained the

injunction byrepeatedly perjuring himselfand that you can prove it. ... Ethos

first. Then logos. Then pathos." Exhibit Q. Frey threatened to criminally

18 investigate Nadia Naffe after she gave Plaintiffevidence about Defendant

O'Keefe targeting Plaintiff. Exhibit R.

39. In an email from Defendant Frey to Defendant Walker on December 22, 2011,

Frey complimented Walker on a pleading and then said, "This kicks ass. They

are going to go apeshit. When you blog it, til send it to Glenn Reynolds and tell

him that I think this is the guy who swatted me...." (emphasis added). Exhibit

S. Mr. Reynolds is a well-known conservative author, professor and blogger.

This email clearly shows that Frey was using Defendant Walker to create a

situation Frey could use to falsely accuse Plaintiffofswatting.

40. In another email exchange with Defendant Walker, Walker tells Frey, "Now

he [Kimberlin] is going to learn not to fuck with me either." To which Frey

replied: "Yeah, but he is 'fucking' with me. Just not in court. He sends

bullshit interrogatories that he has to know will never get answered. But

mostly he is trying to make me miserable, publishing my address, hiring

people to swat me, Google bombing me, defaming me, mocking me and so on.

.... I just want you to understand that Kimberlin is behind all the things that

have happened to me, and that he is truly dangerous and a psychopath."

(emphasis added). Exhibit T. Of course, Plaintiffnever hired anyone to swat

Defendant Frey, never posted his address, wasn't behind anything, and never

even published online a single word ortweet about Frey.

41. In other emaiIs to Walker and some ofthe other Defendants, he states that

his office at the LA County District Attorney is "investigating" Plaintiff and

19 had asked Defendant Walker to keep quiet while the investigation proceeded.

Exhibit U.

42. In another email dated December 19, 2011, he states: "Don't volunteer where

you got this stuff. Just because ofthe investigation. But for that, I would be

shoutingall this from the hilltops, but I still think we can put these guys in

prison, so I have to stay quiet." (emphasis added). Id.

43. In an email dated January 25,2012, Defendant Frey told Defendant Walker

while waiting for a jury in a case he was trying. "I'm having fun. This is what I

do: prove things. I have a jury out so I have a little time tonight [to review the

pleading Walker prepared regarding Plaintiff]. " Exhibit V.

44. In several emails on December 21,2011, Defendant Frey discussed his

planned meetingwith the FBI the following day and setting up a sting

operation with law enforcement to arrest Plaintiff. "I don't suggest lying

unless it's done under supervision oflaw enforcement as part ofa sting....

But it only makes sense as part ofa monitored sting." Exhibit W.

45. On January 5, 2012, Defendant Frey asked Defendant Walker to send him a

letter about Plaintiffto share with his supervisors at the LA County

Prosecutors Office and other law enforcement officials. Exhibit X.

46. The above emails clearly demonstrate that Defendant Frey directly

communicated and conspired with several Defendants in this case, falsely

accused Plaintiffofswattings, and wanted to have him arrested by the FBI or

other law enforcement officers based on his accusations and a sting

operation. He discussed criminal investigations with his supervisors at the

20 LA County District Attorney's Office and communicated with Defendant

Walker while waiting for a jury. He falsely stated that Plaintiff hired people

to swat him. These actions are not those ofa private citizen but rather a

person acting under color oflaw.

47. Not only did Defendant Frey aetas a prosecutor in his private emails with co­

defendants, but he also repeatedly imputed on his blog that Plaintiffswatted

him. And this false accusation signaled his co-defendants to write articles

and blog posts stating that Plaintiffswatted "Deputy District Attorney"

Patrick Frey. See Complaint at 21-23.

48. On May 23,2012, Plaintiff received a threat on his non-profit website contact

page saying: "LEAVE HIM ALONE. DON'T GO THERE." Plaintiff interpreted

this as a threat to leave Mr. Frey alone and not to contact his supervisors.

When Plaintiff checked the contactlogs on for that time and that website, he

discovered that the email came from the "Los Angeles County Sheriffs

Department," at IP Address 146.233.0.202 in Whittier, California. Exhibit Y.

Only a person acting under color oflaw could convince an employee ofthe LA

County Sheriffs Office to write a threat like that. The person who wrote it

would have to feel that he would be "protected" by Defendant and Deputy

District Attorney Frey against any blowback.

49. Defendant Frey routinely refers to himselfon his blog as "Patterico," a

"prosecutor in Los Angeles County...." http://patterico.com/aboutpatterico.

Readers, commenters and reporters all believe that Frey's well-known online

alter ego "Patterico" is a digital extension ofJohn Patrick Frey, the Los

21 Angeles County Deputy District Attorney. In fact, Defendant Frey identifies himself as "Patterico" and describes "Patterico" as a prosecutor in Los

Angeles County who prosecutes criminals. In his blog posts, Defendant Frey has made clear that "Patterico's Pontifications" is the product ofa Deputy

District Attorney. Frey has indicated that "Patterico's Pontifications" is linked to his position as a prosecutor. In a September 9, 2009 blog post entitled

"Patterico Banned at the L.A. Times???," Frey wrote "[a]re they banning all

Deputy District Attorneys? Or just the ones that make them look like fools on a daily basis?11 Id. Frey's post shows that he perceives any purported ban on

"Pattericol1 to be related to FreY's position as Deputy District Attorney. Id.

Due to Frey's repeated references to his position as a prosecutor, other media outlets have viewed "Patterico's Pontifications" as inextricably linked to his position as a deputy district attorney. Moreover, Frey frequently invokes his position as a prosecutor to lend substance and weight to his opinions, including claiming that "we Deputy DA's are suspicious by nature;11 disparaging a commenter's critique on his blog post by stating "[i]n your world, every prosecution is ofan innocent person ... your world has nothing to do with the world I know, and you are clearly 100% ignorant ofthe nature ofthe process you are discussing" asserting that "[b]eing a prosecutor is about presenting the truth" (Id.); and discussing inside information from the

DA's Office. "Patterico's" invocation ofhis authority as a prosecutor is subtle and Frey has intentionally crafted "Patterico" to give the impression that

"Pattericol1 speaks casual, offhand, and is almost always followed by a

22 "disclaimer:' But when "Patterico" continuously and extensively identifies himself as a prosecutor, when he uses his public position to exert influence and lend credibility to his opinions, and when he threatens criminal prosecution, Frey has transformed "Patterico" into the virtual, online personification ofthe Deputy District Attorney John Patrick Frey. Thus, when

"Pattericd' speaks, he speaks with the authority and prestige ofthe Office of the District Attorney. By cloaking himselfwith the power of his government position, "Patterico" placed readers and Internet observers on notice that his expressions carried the weight and gravitas ofa prosecutorial office ofthe state government. Like the off-duty police officer who flashes his badge and uses a department issued handgun, "Patterico" openly displays his credentials as a prosecutor. When "Patterico" issued his threat to investigate and imprison Plaintifffor swattings, the statement was uttered with the force ofauthority conferred on Frey by virtue ofhis position as a prosecutor on a matter in which Frey was uniquely endowed to act.

In Donnellyv. DeChristoforo, 416 U.S. 637,648 n.23 (1974), the Supreme

Court cited to opinion ofChiefJustice Tauro ofthe Supreme Judicial Court of

Massachusetts:

"Unlike a newspaper, the prosecutor ostensibly speaks with the authority of his office. The prosecutor's' personal status and his role as a spokesman for the government tend(ed) to give to what he ... (said) the ring ofauthenticity .

.. tend(ing) to impart an implicit stamp ofbelievability.III Hall v. United States, 419 F.2d 582,583-584 (5th Cir.).

Defendant Frey's threats were not made by a private individual in his personal capacity who happened to also work as a prosecutor during normal

23 business hours. Rather, "Patterico," the blogger and Internet persona, had a

long, active online history and presence as the alter ego ofDeputy District

AttorneyJohn Patrick Frey who used that presence to violate Plaintiffs

rights.

50. Defendant Frey exploited the authority given him by virtue ofhis state office

when he threatened to investigate and imprison Plaintiff for possible

criminal violations. "[A]ction under color oflaw is always identified by

reference to the relationship between defendant's alleged misconduct and

his state-created duties and powers, rather than the status ofthe parties."

Anthony, 845 F. Supp. at 1401.See McDade v. West, 223 F.3d 1135, 1140 (9th

Cir. 2000) (a public officer is acting under color ofstate law ifhe or she "is

acting, purporting, or pretending to act in the performance ofhis or her

official duties");]ohnson v. Knowles, 113 F.3dll14, 1117 (9th Cir. 1997)

(public official's alleged wrongful conduct not performed under color ofstate

law ifconduct is not related to performance ofofficial duties); Dang Vang v.

Vang Xiong X Toyed, 944 F.2d 476, 480 (9th Cir.1991) (ilFor conduct to relate

to state authority, it must bear some similarity to the nature ofthe powers

and duties assigned to the defendants," quoting Murphy v. Chicago Transit

Authority, 638 F. Supp. 464, 468 (N.D. III. 1986)). By threatening to conduct

and conducting a criminal investigation into Plaintiff, Defendant Frey spoke

and acted with the authority ofhis office on a subject that uniquely related to

his exclusive, state-authorized duties: criminal investigation and prosecution

ofcriminal complaints. His threats ofcriminal investigation and

24 imprisonment were made in context ofextensive efforts to intimidate and

silence Plaintiff.

51. Defendant Frey clearly intended to prosecute and imprison Plaintiff even

though he was not successful. Therefore} the "color oflaw" analysis applies

because the wrongful act was completed when "Patterico" began his

investigations and issued his threats to imprison Plaintiff for swattings and

whatever other concoction he had in his mind. For purpose ofthe § 1983

"color oflaw" analysis, Plaintiff need only show that the wrongful act alleged

is related to the performance ofthe state actor's duties. Anderson v. Warner,

451 F.3d 1063, 1068 (9th Cir. 2006) ("the challenged conduct must be

related in some meaningful way either to the officer's governmental status or

to the performance ofhis duties"); Anthony, 845 F. Supp. at1400 ("[w]hether

a state employee acts under color oflaw turns on the relationship ofthe

wrongful actto the performance of the defendant's state duties"). The acts to

investigate and imprison Plaintifffor false criminal violations were intended

to retaliate against and silence Plaintiff. That misconduct, which led to

Plaintiffs constitutional deprivation, was directly related to Defendant Frey's

state~conferred authority as a Deputy District Attorney to investigate and

prosecute violations oflaw. Because Defendant Frey abused the authority of

his public position when he tried to imprison Plaintifffor a false crime, he

acted under "color oflaw" for purposes of42 U.S.c. §1983.

It is settled law that the First Amendment prohibits government officials

from subjecting an individual to retaliatory actions, including criminal

25 prosecutions, for speaking out or exercising the right to redress. Cf., Hartman

v. Moore, 547 U.S. 250, 256 (2006). To show a FirstAmendment violation,

Plaintiffmust plead facts that demonstrate that Frey's actions "deterred or

chilled" his speech or right 0 redress and that such deterrence "was a

substantial or motivating factor1J in Defendant Frey's conduct. Lacey v.

Maricopa County, 693 F.3d 896, 916 (9th Cir. 2012). Plaintiffneed not show

that his speech or redress was '''actually inhibited or suppressed.'''

Id., citing Mendocino Envtl. Ctr. v. Mendocino Cnty., 192 F.3d 1283, 1300

(9thCir.1999). The relevant inquiry is "whether an official's acts would chill

or silence a person ofordinary firmness from future First Amendment

activities." Lacey, 693F.3d at 916-17. Plaintiff must allege facts ultimately

enabling him to "'prove the elements ofretaliatory animus as the cause of

injury,' with causation being 'understood to be but-for causation.' Id. at 917,

citing Hartman, 547 U.S. at 260.

52. In the instant case, Defendant Frey, because he is prosecutor, became a

leader of the conspiracy to violate Plaintiffs constitutional rights. The co­

defendants looked to him for leadership and followed his direction, advice,

both private and public, to falsely accuse Plaintiff ofswattings in order to

imprison Plaintiff. What greater violation ofconstitutional rights could occur

to a living person than being imprisoned based on a false criminal charge?

Defendant Frey called and met with the FBI and told them to arrest Plaintiff

for the swattings, and Frey had his supervisors at the LA County District

Attorney's Office criminally investigate Plaintiffin the hope that they would·

26 find something on which to imprison him.

53. Clearly Defendants Hoge, Walker and the other Defendants conspired with

Frey to violate Plaintiffs civil rights by publicly and privately pushing the

false narrative concocted by Frey that Plaintiff was involved with swattings.

Frey along with other Defendants are members ofthe National Bloggers Club,

which made the false swatting meme its first and only campaign. Defendants

Hoge and Walker have made Plaintiffs imprisonment their life's work over

the past two years with thousands oftweets and blog posts smearing

Plaintiff, their letters to Congress Members stating that Plaintiffwas the

swatter and should be imprisoned, and their false criminal charges against

Plaintiff. This call for imprisonment was taken from Defendant Frey who

stated in his December 11, 2011 email that he would phone a well-known

reporter and say that Plaintiffwas the person who swatted him. He also

stated that he would meet with the FBI and set up a sting operation.

54. Plaintiff has alleged a very powerful case that the Defendants, including Hoge

and Walker, conspired with Defendant Frey under 42 USC 1985 to violate

Plaintiffs civil rights.

Plaintiff Hereby Withdraws Fraud and Negligent Misrepresentation

55. Plaintiffhereby withdraws this Count ofthe Complaint for all Defendants.

PlaintiffHas Properly Alleged Intentional Infliction ofEmotional Distress

36. Defendants Hoge and Walker callously argue that Plaintiff has not made any

allegation to demonstrate infliction ofemotional distress. This is without

merit.

27 37. I The Restatement (Second) ofTorts, 46 at 71, provides: r(l) One who by

extreme and outrageous conduct intentionally or recklessly causes severe

emotional distress to another is subject to liability for such emotional

distress, and ifbodily harm to the other results from it, for such bodily harm."

In comment (i) to the Restatement it is expressly stated that this rule also

covers a situation where the actor knows that distress is certain, or

substantially certain, to result from his conduct. In order to satisfy the element

of extreme and outrageous conduct, the conduct "must be 'so extreme in degree,

as to go beyond all possible bounds of decency, and to be regarded as atrocious,

and utterly intolerable in a civilized society.''' Batson v. Shiflett, 325 Md. 684, 733

(Md. 1992).

38. Illustrative ofthe cases which hold that a cause of action will lie for

intentional infliction ofemotional distress, unaccompanied by physical

injury, is Womack v. Eldridge, 215 Va. 338 (1974). There, the defendant was

engaged in the business of investigating cases for attorneys. She deceitfully

obtained the plaintiffs photograph for the purpose ofpermitting a criminal

defense lawyer to show it to the victims in several child molesting cases in an

effort to have them identifY the plaintiffas the perpetrator ofthe offenses,

even though he was in no way involved in the crimes. While the victims did

not identifY the plaintiff, he was nevertheless questioned by the police, called

repeatedly as a witness and required to explain the circumstances under

which the defendant had obtained his photograph. As a result, plaintiff

suffered shock, mental depression, nervousness and great anxiety as to what

28 people would think ofhim and he feared that he would be accused of

molesting the boys. The court, in concluding that a cause ofaction had been

made out, said: "Most ofthe courts which have been presented with the

question in recent years have held that there may be a recovery against one

who by his extreme and outrageous conduct intentionally or recklessly

causes another severe emotional distress...."

39. In the instant case, Plaintiffhas alleged thatthe Defendants, including Hoge

and Walker, engaged in outrageous and extreme conduct by falsely

publishing the defamatory statements accusing him ofcrimes and nefarious

conduct, demanding that he be investigated, arrested and imprisoned for

swattings, publishing tens ofthousands oftweets and blog posts smearing

Plaintiffand accusing him of crimes, filing three frivolous and malicious

lawsuits against him, sending a defamatory letter to an institutional funder

falsely accusing him ofcrimes, attempting to extort his employer into firing

him, rallying extremists with false narratives to attack him, filing for

sanctions in the amount oftens ofthousands of dollars and imprisonment,

and asking a federal court to deny him access to the courts. This abhorrent

conduct has kept Plaintiff under siege for years, and caused extremists to

come to his home, take pictures ofhim and his daughter, and make

threatening calls to him, his family and his neighbors. No person in a civilized

society should be made to endure such conduct.

40. Moreover, Defendants conspired with the other Defendants to imprison

Plaintiffbased on their false narratives that Plaintiffwas involved with

29 swattings. This constitutes extremely outrageous conduct that intentionally

inflicted emotional distress on Plaintiff. There are not many things in this

country worse than being falsely accused ofcrimes and then having those

false accusations incite a lynch mob to attack relentlessly and daily with tens

ofthousands of tweets and posts and articles, and stalkers over a period of

years. This is atrocious and has absolutely no place in a civilized society.

41. Not a day goes by where Plaintiff is not attacked, online or in person, by one

or more ofthe Defendants. Defendant Walker came to a court hearing in

Montgomery County Circuit Court and, after the proceeding to which he was not

a party, followed Plaintiff out ofthe courtroom and assaulted him so severely he

ended up in the Emergency Room at Suburban Hospital. This resulted in days

off ofwork and a fear that Defendants will again assault Plaintiff or his

family. Defendants Walker, Hoge, McCain and Ali have stalked Plaintiff in

public places. Defendants Walker, Hoge and DB Capitol Strategies have filed

numerous false criminal and civil actions against Plaintiffover a two-year

period, all which have been dismissed or denied. Defendants Hoge, Walker

and some ofthe other Defendants publish daily taunts against Plaintiffand

mock this suit with daily posts on their blogs, and continually assert that they

are going to get Plaintiff imprisoned. They have attacked Plaintiffs employer

and those who donate to that non-profit. The Defendants have tried to get

Plaintiff fired. They have attacked Plaintiffs wife and teenage daughter and

even reporters who have written favorably about Plaintiff. They have even

attacked prosecutors who have refused their frivolous charges, Defendant

30 Walker has even imputed in a recent blog post that Plaintiffs daughter is fair

game for destruction because of"corruption ofblood. II Exhibit Z.

42. All ofthis has been intended to inflict maximum emotional distress on

Plaintiff. Plaintiffhas had to install robust security devices and video

cameras at his home and office, and take precautions for his family that no

young child should have to be subjected to, all because the Defendants have

created a lynch mob based on false narratives to terrorize Plaintiffand his

family on a continuous multi-year basis. This clearly demonstrates that the

Defendants, including Hoge and Walker, intentionally inflicted emotional

distress.

Wherefore, for all the above reasons, Plaintiff has demonstrated that he entitled to relief and therefore that this Court should deny Defendants Hoge and Walker's

Motions to Dismiss.

Respectfully submitted,

Brett Kimberlin I I Bethesda, MD 20817

Certificate ofService

I certify that I have served a copy ofthis motion on Defendants Stranahan,

Patrick Frey, Mandy Nagy, by email, and on Defendants DB Capitol Strategies,

Hoge, The Franklin Center, and Walker by First Class mail this 17th day of

January, 2014.

Brett Kimberlin

31

Abou Updates Conm nity Con rib tions

National Bloggers Club President »))

Yesterday, we crossed e firs I is Ii e~ T a kyo

Like. • Comment • 3 man hs ago Case Information Go Back Court System: DISTRICT COURT FOR CARROLL COUNTY - CIVIL System Case Number: 1002SP003032013Case Status:APPEAL Case Type: PEACE ORDEROrder Valid Thru:03/29/2013 Filing Date:03/22/2013

Defendant Name: KIMBERLIN, BRETT City: BETHESDAState: MDDOS :06/03/1954

Hearing Date: 03/22/2013Hearing Time:9:3 AMRoom:Xl Hearing Location: 101 NORTH COURT ST,WESTMINSTER,MD 21157-5111 Served Date: 03/22/2013 Hearing Type: TEMPORARY Result: COURT ORDERS: SHALL NOT ABUSE SHALL NOT CONTACT

Hearing Date: 03/29/2013Hearing Time:l0:30 AMRoom:Xl Hearing Location: 101 NORTH COURT ST,WESTMINSTER,MD 21157-5111 Hearing Type: FINAL Result: DENIED: DOES NOT FALL W/IN STATUTE.

Other Events Date: 04/02/2013 Description: Case Appealed

Circuit Court of Maryland Go Back Case Information Cou rt System: Circuit Court for Carroll County - Civil System Case Number: 06C13063590 Title: Case Type: District Court Appeal- Peace OrderFiling Date:04/03/2013 Case Status: Closed/Inactive Case Disposition: Decree or OrderDisposition Date:07/02/2013 District Case No: 1002SP003032013

32 Ptc~ DefendantlRespondent Information (Each Defendant/Respondent is displayed below) Party Type: RespondentParty No.: 1 Name: Kimberlin, Brett

Attorney(s) for the Defendant/Respondent Name: Kim, Esq, Tae H Appearance Date: 04/03/2013 Removal Date: 07/02/2013 Practice Name: Tae H Kim Attorney At Law LLC Address: 9520 Berger Road Suite 212 City: ColumbiaState:MDZip Code:21046

Court Scheduling Information Event Type: De Novo Appeals HearingNotice Date:04/12/2013 Event Date: 05/17/2013Event Time:09:00 AM Result: Held/ConcludedResult Date:05/17/2013

This is an electronic case record. FuJI case information cannot be made available either because oflegal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

DISTRICT COURT OF MARYLAND Go Back Case Information Court System: DISTRICT COURT FOR CARROLL COUNTY - CRIMINAL SYSTEM Case Number: 5S00058203Tracking No: 121002299552 Case Type: CRIMINAL District Code: 10Location Code:02 Document Type: SUMMONSlssued Date:02/18/2013 Case Status: CLOSEDCase Disposition:TRIAL

Defendant Information

33 Defendant Name: KIMBERLIN, BRETT Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB Sex: MHeight:000Weight:000DOB:06/03/1954

Address: 8100 BEECH TREE RD City: BETHESD tate:MDZip Code: 20817 - 0000

Charge and Disposition Information (Each Charge is listed separately. The disposition is listed below the Charge) Charge No: 001Description:HARASSi A COURSE OF CONDUCT Statute: CR.3.803Description:HARASS; A COURSE OF CONDUCT Amended Date: OIS Code:l 0191MO/PLL:Probable Cause:X Incident Date From: 10/31/2012 To: 02/15/2013 Victim Age: Disposition Plea: OTHER PLEA Disposition: NOLLE PROSEQUIDisposition Date:04/17/2013 Fine:$O.OOCourt Costs: $0.0 CF:$O.OO Amt Suspended: Fine:$O.OOCourt Costs:$O.OOCICF:$O.OO PBJ EndDate: Probation End Date: Restitution Amount:$O.OO Jail Term: Yrs:Mos:Days: Suspended Term: Yrs:Mos:Days: Credit Time Served:

Charge No: 002Description:ELEC MAIL HARASS Statute: CR.3.805Description:ELEC MAIL HARASS Amended Date: OIS Code:2 1135MO/PLL:Probable Cause:X Incident Date From: 10/31/2012 To: 02/15/2013 Victim Age: Disposition Plea: OTHER PLEA Disposition: NOLLE PROSEQUIDisposition Date:04/17/2013 Fine:$O.OOCourt Costs:$O.OOCICF:$O.OO Amt Suspended: Fine:$O.OOCourt Costs:$O.O ICF:$O.OO PBJ EndDate: Probation End Date:Restitution Amount:$O.OO Jail Term: Yrs: Mos: Days: Suspended Term: Yrs:Mos:Days: Credit Time Served:

Related Person Information (Each Person related to the case other than the Defendant is shown) Name:HOGE, WILLIAM JOHN JOSEPH Connection:COM PLAINANT

34 Event History Information Event Date Comment SUMI 02/18/2013 SUM ISSUED 130218 AGENCY:ZF 06 SUMS 03/14/2013 SUM SERVED 130305

This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

DISTRICT COURT OF MARYLAND Go Back Case Information Court System: DISTRICT COURT FOR CARROLL COUNTY - CRIMINAL SYSTEM Case Number: 150005838 racking No:131001166343 Case Type: CRIMINAL District Code: 10Locatlon Code:02 Document Type: SUMMONSIssued Date:03/22/2013 Case Status: CLOSE ase Dlspositlon:TRIAL

Defendant Information Defendant Name: KIMBERLIN, BRETT Race: WHITE, CAUCASIAN, ASIATIC INDIAN, ARAB Sex: MHeight:000Weight:000DOB:06/03/1954

Address: L-I ----J1 City: BETHESD tate:MDZlp Code: 20817 - 0000

Charge and Disposition Information (Each Charge is listed separately. The disposition is listed below the Charge) Charge No: ooIDescription:HARASS; A COURSE OF CONDUCT Statute: CR.3.803Descriptlon:HARASS; A COURSE OF CONDUCT

35 Amended Date: OIS Code:l 0191MO/PLL:Probable Cause:X

Incident Date From: 03/21/2013 To: 03/21/2013 Victim Age: Disposition Plea: OTHER PLEA Disposition: NOLLE PROSEQUIDisposition Date:04/17/2013 Fine:$O.OOCourt Costs:$O.OOCICF:$O.OO Amt Suspended: Fine: $O.OOCou rt Costs:$O.OOCICF: $0.00 PBJ EndDate: Probation End Date:Restitution Amount:$O.OO Jail Term: Yrs: Mos: Days: Suspended Term: Yrs:Mos:Days: Credit Time Served:

Related Person Information (Each Person related to the case other than the Defendant is shown) Name:HOGE, WILLIAM JOHN JOSEPH Connection:COMPLAINANT

Event History Information Event Date Comment SUMI 03/22/2013 SUM ISSUED 130322 AGENCY:MSP 9056 SUMS 06/04/2013 SUM SERVED 130517

This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

36 1116/2014 Case Information

Case Information

Go Back Court System:DISTRICT COURT FOR MONTGOMERY COUNTY - CIVIL System Case Number:0601SP003412013 Case Status: CLOSED Case Type:PEACE ORDER Order Valid Thru: 03/13/2013 Filing Date:03/13/2013

Defendant Name: KIMBERLIN, BRETT City:BETHESDA State: MD DOB: 06/03/1959

Hearing Date: 03/13/2013 Hearing Time: 3:29 PM Room: X3 Hearing 191 EAST JEFFERSON ST,ROCKVILLE,MD 20850 Location: Hearing Type: TEMPORARY Result: THIS ORDER IS DENIED BECAUSE: THERE IS NO STATUATORY BASIS FOR RELIEF.

This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=0601SF003412013&loc=23&detaiILoc=DV 1/1 Home aison O'etre

Home) Dead Activist) Team Kimberlin Post of the Day I hogewash Help Bloggers Team Kimberlin Post of the Day I hogewash

Posted on October 30,2013 by Richard M Nixon (Deceased) - Leave a comment L

Search for dead content

search here ... Team Kimberlin Post of the Go Day

Today's episode is another look at factual errors in the amended Follow Blog complaint The Dread Pirate Kimberlin filed in his frivolous Kimberlin v. via Email Walker, et al. lawsuit. 40. Defendants Walker. Hoge. McCain, Akbar and KU promoted the unauthorized Enter your email address fundralsing tool and profited from th money rid. Defendant Hoge. who to follow this blog and controlled the money raised through his PayPal account. refused Plaintiff receive notifications of new

wife's dem nd that aU the money be returned to the donors. instead saying posts by email.

he would give it to charity. Join 1,686 other followers E?C b In the context of the previous paragraphs, the fundraising tool referred to in paragraph 40 is the fund created to provide legal and other support for Mrs. Kimberlin. The first error is the statement that Follow Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and I Allergic to Bull: How Brett Kimberlin Tried to Frame Me for a Crime (A... http://allergic2bull.blogspot.comI20 l2/0S/how-brett-kirnberlin-tried-to...

Follow this link to my BLOCKBUSTER STORY ofhow Brett Kimberlin, a convictedterrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when r exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did tills. And ifyou are moved by this story to provide a little help to myself and other victims ofMr. Kimberlin's intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

THURSDAY, MAY 17,2012 PAGES How Brett Kimberlin Tried to Frame Me for a Crime • Home • The Brett Kimberlin Saga (And How (And How You Can Help!)-Broken Down into Eight You Can Help!) Easy Pieces HELP PRESERVE FREE SPEECHl Well, at exactly 6:54 a.m. I posted my monster post describing how convicted DONATETO MY LEGAL DEFENSE FUNDl ten'orist and peIjurer Brett Kimberlin actually tried to frame me for a crime and it has gotten a lot ofhits so far. Help The Bloggers' Defense Team! But a couple people have complained that the post is too large, andtoo unwieldy, that itis causing computers to crash and the like and have suggested breaking down the post into smaller, more digestible parts. That seems realistic. My computer is relatively new and moderately ahead ofthe curve, and it was groaning as I tried to create the post. DONATE TOTHE NATIONAL BLOGGERS CLUB AND DEFEND So I am going to backdate a series ofposts covering each partseparately. I will end FREEDOM TO BLOGI each one with a link to the next part, and I will start each one with a link to the previ.ous part, but hereis a list ofthe parts with links attached, for your convenience:

Introduction SHAKE IT

Part 1: Background. IJ Share Ihis QO Eacebook Tweellhis Part 2: The January 9, 2012 Hearing. View stats (NEW) Apoo'ument gadget » Part 3: The January 9 Incident.

Part 4: What Kimberlin Said about the January 9 Incident. There was an error in tltis gadget

Part 5: The Effect ofKimberlin's Lies. SEARCHTHIS BLOG

I Search I Part 6: Trying (And Failing) to Get Justice in Montgomery County, Maryland. There was an error in this gadget Part 7: How You Can Helpl There was an error in this gadget So fu'st up, we get: the Introduction. POPULARPOSTS

1 of7 9/2/13 Il:03 AM 1

PAR TIAL T RAN SC RIP T

VIR GIN IA

IN THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY

x

AARON J. WALKER,

Plaintiff,

-vs- Case No. CL12-631-00

BRETT KIMBERLIN,

Defendant.

x

Circuit Courtroom 4 Prince William County Courthouse Manassas, Virginia

Tuesday, December 4, 2012

The above-entitled matter came on to be heard

before the HONORABLE RICHARD B. POTTER, Judge, in and for

the Circuit Court of Prince William County, in the

Courthouse, Manassas, Virginia, beginning at 11:15 o'cloc~

a.m.

R E E N & KE RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 2

APPEARANCES:

On Behalf of the Plaintiff:

DAN BACKER, ESQUIRE

On Behalf of the Defendant:

(Pro Se)

:3 R EE N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 3

1 EXT R ACT o F PRO CEE DIN GS

2 *

3 *

4 *

5 (The Court Reporter was previously sworn by

6 the Clerk of the Court.)

7 THE COURT: We're back on the record.

8 The Plaintiff has brought a complaint against

9 the Defendant Kimberlin, and two other Defendants who are

10 not before the Court today personally.

11 Their complaint contains thirty-two counts of

12 which fourteen involve the Defendant Kimberlin. Counts

13 two, four, five, eight, nine, fourteen, fifteen, sixteen,

14 twenty-three, twenty-four, twenty-five, twenty-six,

15 twenty-seven, and thirty-two.

16 The Defendant Kimberlin has filed a motion to

17 dismiss the complaint for failure to state a claim, the

18 lack of jurisdiction, improper venue, and violation of th~

19 First Amendment.

20 Kimberlin's motion to dismiss will be granted

21 That is motions for any additional sanctions will be

22 denied.

23 In light of the Court's ruling on the motion

R E E N & KERNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 4

1 to dismiss, the other pending motions by the Court are

2 moot and therefore dismissed as well.

3 Plaintiff's motion for default judgment

4 against the co-defendants are also denied and the case is

5 dismissed.

6 Upon consideration of the totality of the

7 pleadings including the attached exhibits and the argumen~

8 of the parties and counsel it is clear to this Court that

9 the Plaintiff seeks two million dollars in punitive

10 damages, but makes no claim for compensatory damages so

11 that the Plaintiff (inaudible) is not recognizable under

12 the law.

13 It's also clear from the various pleadings ani

14 exhibits filed in this case that the parties have been

15 involved in extensive disputes that have involved

16 political and religious issues.

17 These various claims including criminal and

18 civil allegations and litigations in state and federal

19 courts all of which appear to have been dismissed. The

20 most recent case filed by the Plaintiff against the

21 Defendant Kimberlin and his two organizations was

22 dismissed by order of the U.S. District Court in the

23 District of Maryland on November 28, 2012, just six days

3 R EE N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGIN IA 22030 (703) 591-3136 5

1 ago, in which the Judge stated and I quote, ~I deem it

2 unwise to intervene in the bitter political disputes

3 between the parties."

4 This Court takes the same position. It's

5 clear that this case is simply a continuation of meritles~

6 and vindictive litigation between the parties.

7 While the law in Virginia is clear that

8 failing to state a claim is an issue generally addressed

9 by demurrer, and Defendant Kimberlin has not filed a

10 demurrer in this case.

11 It's also true that Virginia law provides tha

12 the signature of an attorney or a party with any pleading

13 before this Court constitutes a certification by him that

14 the pleading is well grounded in fact, warranted by

15 existing law, and is not interposed for any improper

16 purpose such as to harass or to cause unnecessary delay o~

17 needless increase in the cost of litigation.

18 The Court finds that the complaint is not weI

19 grounded in fact, it's not warranted by existing law, and

20 it's imposed for an improper purpose as part of an ongoin~

21 political dispute between the parties.

22 While the statute provides for sanctions by

23 the Court, this Court will grant the motion to dismiss by

R E E N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 6

1 Defendant Kimberlin.

2 The Court denies the motion for any further

3 sanctions.

4 The Court further finds that count two is

5 based upon a claim of defamation. Under Virginia law, the

6 elements on defamation are:

7 1 ) Publication,

8 2 ) Of an actual statement and,

9 3) Intent.

10 In order to assert a claim of defamation

11 however the Plaintiff must first show that the Defendant

12 published a false factual statement that concerns and

13 harms the Plaintiff.

14 But here by the Plaintiff's own allegations

15 including paragraph fifty-one they indicate that the

16 statements allegedly made by the Defendant were not

17 directed at the Plaintiff.

18 In addition, as the Defendant has stated in

19 his motion to dismiss and here today expressions of

20 opinion are constitutionally protected and they're not

21 actual as defamation.

22 So as a matter of law the Court finds that th

23 statements set forth in the complaint do not contain

R E E N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 7

1 provable false factual statements but are relative in

2 nature and depend upon the viewpoint of the speaker.

3 Counts four and five are dismissed for lack 0

4 proper jurisdiction and venue.

5 As to count eight, it is based on allegation

6 of intentional infliction of emotional distress. In orde

7 to recover on a claim of intentional infliction of

8 emotional distress the Plaintiff must satisfy four

9 elements of proof:

10 1 ) That the Defendant's conduct was

11 intentional and reckless and,

12 2) The Defendant's conduct was outrageous anc

13 intolerable and,

14 3) There was a causal connection between thE

15 wrongdoers conduct and the resulting emotional distress,

16 4 ) The resulting emotional distress was

17 severe.

18 Even taken in the light most favorable to the

19 Plaintiff, the Court cannot find that the alleged

20 statements of the Defendant Kimberlin were outrageous or

21 could be the basis of any severe emotional distress.

22 As to count fourteen, that count is based on

23 the tort of interference with business expectations and

RE E N & K ERNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA22030 (703) $1-3136 8

1 the elements of that tort include:

2 1) A business relationship or expectancy of

3 probability of future economic benefit to Plaintiff as an

4 objective test and,

5 2) Defendant's knowledge of that relationshi

6 or expectancy and,

7 3) Reasonable certainty that absent the

8 Defendant's intentional misconduct Plaintiff would have

9 continued in that relationship and,

10 4 ) The interference was by improper methods

11 and,

12 5) Damages resulted from that improper

13 interference.

14 The complaint fails to state all of the

15 elements. It fails to state sufficient facts that were i~

16 any way improper methods by the Defendant.

17 Counts fifteen and sixteen are dismissed for

18 lack of jurisdiction and venue.

19 Count twenty-three is based on the Virginia

20 business conspiracy. And the elements of that are:

21 1) An allegation of two or more persons,

22 2) An agreement and,

23 3) To willfully and maliciously interfere

3 RE EN & K E RNS RE p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 9

1 with another in his trade, reputation, business, or

2 profession by any means and,

3 4) Malice, that is an intentional purpose anc

4 without justification.

5 The given complaint fails to state sufficient

6 facts to support the elements of the tort and fails to

7 state those specific facts with reckless and

8 particularity.

9 Count twenty-four is based on the tort of

10 Virginia Common Law of Conspiracy and the elements of the

11 tort include:

12 1) Two or more persons combined to,

13 2) Accomplish by some concerted action for

14 some criminal or unlawful purpose, or an unlawful purpose

15 by unlawful and criminal means.

16 If a Plaintiff fails to allege the tort with

17 reckless and particularity.

18 Counts twenty-five, twenty-six, and twenty-

19 seven are dismissed for lack of jurisdiction and venue an~

20 for the reasons set forth herein.

21 Count thirty-two is based upon Plaintiff's

22 request for an injunction, but an injunction requires one

23 irreparable harm and two, a lack of adequate remedy of

3 RE E N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, V1RGINIA22030 (703) 591-3136 10

1 law.

2 In view of the fact no compensatory damages

3 are sought, there can be no showing of irreparable harm i~

4 the allegations set forth in the complaint or any showing

5 that the Plaintiff would not have an adequate remedy of

6 law or a claim of merit.

7 Therefore, the Defendant's motion to dismiss

8 counts two, four, five, eight, nine, fourteen, fifteen,

9 sixteen, twenty-three, twenty-four, twenty-five, twenty-

10 six, and twenty-seven, and thirty-two is granted.

11 The motion is granted and those counts are al

12 dismissed with prejudice. The Court shall note the

13 exceptions of the Plaintiff and the Defendant to the

14 ruling of the Court.

15 The other motions are therefore rendered moot

16 and are also dismissed. At the same time the Court will

17 dismiss the motion for default judgment against the co-

18 defendants upon the same grounds as set forth by the

19 Court.

20 I will ask counsel to prepare an order which

21 simply reflects the ruling of the Court which is that the

22 Defendant's motion to dismiss is granted and the case is

23 dismissed.

3 R EEN & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA22030 (703) 591-3136 11

1 Thank you, gentlemen.

2 * 3 * 4 *

5 END o F EXT RAe T

6 *** ** 7 (Whereupon, at approximately 11:57 o'clock

8 a.m., the hearing in the above-entitled matter was

9 concluded. )

10

11

12

13

14

15

16

17

18

19

20

21

22

23

R E E N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX VIRGINIA 22030 (703) 591-3136 12 ***** CERTIFICATE OF REPORTER

I, SUZANNE GONZALES, a Verbatim Reporter, do

hereby certify that I took the stenographic notes of the

foregoing proceedings which I thereafter reduced to

typewriting; that the foregoing is a true record of said

proceedings; that I am neither counsel for, related to,

nor employed by any of the parties to the action in which

these proceedings were held; and, further, that I am not ~

relative or employee of any attorney or counsel employed

by the parties hereto, nor financially or otherwise

interested in the outcome of the action.

SUZANNE GONZALES Verbatim Reporter

3 R E E N & K E RNS R E p o R T CERTIFIED VERBATIM REPORTERS 4116 LEONARD DRIVE FAIRFAX, VIRGINIA 22030 (703) 591-3136 hogewash

Everyone 810g About the Howard County State's Attorney's Office Day

Posted on

11 o Rate This

It's been two weeks since I requested answers to these questions:

1. Is it the position of the State's Attorney that operation of a blog allows one unlimited license to contact another person without regard to Maryland Criminal Statutes 3-803 and/or 3-805?

2. Does Mr. Broccilino believe that a public person such as himself may not seek to demand that someone cease contacting him as provided by Maryland Criminal Statutes 3-803 and/or 3-8051

3. Is it the policy of State's Attorney that non-residents of Maryland must or should avoid entering the state if they are being stalked by a Maryland resident?

I have not yet received a response from either State's Attorney Dario J. Broccolino or a member of his staff.

I was prompted to ask these questions because of his office's handling of harassment complaints filed by families from Texas and Virginia that were not prosecuted. Of course, it is possible that a complaint can be filed without sufficient supporting evidence. However, it appears that all of the evidence necessary to establish that harassment occurred and who did it was well documented. The State's Attorney's Office's response was

Stay offthe Internet ifyou don't want to be harassed.

The Virginia family has also be stalked by a convicted violent felon for the past year. After the wife was stalked by that individual in a Howard County courthouse parking lot, she was told

Ifyou're so concernedfor your safety, stay out ofMaryland. f=tcG IVIUI C"VVc;l tJllll LJI c;VVC;1 J 1I Ie; F""'\vv10LQI It \JlQLO 0 nllUI I Ivy VVI IV 1101 IUIe;U lJVLJ I vQvv..:J, I lau I IV II Ilvl vOL II II IC;OIIl I~ from the complainants. He told them up front that his decision not to prosecute had been made.

Over the past couple of weeks, I've encouraged others to contact the Howard County State's Attorney's Office to see what they could find out about these questions and suggested that today should be a date to report their findings. I look forward to their reports.

UPDATE-One theme that seems to be emerging in the early posts for Everyone Blog About the Howard County States' Attorney's Qfffce Day is that most blogger's requests for information have been ignored. In fact, the only response published as of 6:30 am ET was this one, received by the anonymous blogger who uses the nom de cyOOr of R. M. Nixon (Deceased):

The ONLYresponse I have received, as a private citizen is an email requesting mu real identity, driver's license information, social security nwnber as a requirementfor a respons Follow ld residents only. Folio V "hoge\Jvasll" Why would driver's license and social security infc Attorney to give ot ( (;r r (w an answer about how laws are interpreted? Why t\.l v( ur 11111 lX Jt how Maryland's law might affect him or his travel plam

Hmmmm. Enter your email address

UPDATE 2-Here is a list of participating bloggers ( Sign me up )

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This entry was posted in Blogging, Crime, First Amendment, Government and tagged Dario J. Broccolino, Equal Protection of the Laws, Harassment, Howard County State's Attorney by wjjhoge. Bookmark the permalink [http://hogewash.com/2013/04/08/everyone-blog-about-the­ howard-county-states-attorneys-office-dayl] .

17 THOUGHTS ON "EVERYONE BLOG ABOUT THE HOWARD COUNTY STATE'S AnORNEY'S OFFICE DAY"

monitor2112 tjlCl(lQerS Club

rlHflnn to blO{lners truly care paid anything do so,

A

see opinion,

\NVifW f'1P!!!nnalhinnnPfsr.!llh nrn r£-rL' M 1116/2014 National Bloggers Qub Breitbart Scholarship :: Remembering Breitbart - Piryx Piryx™

• Share This Page • Like 0 • • • TweetO National Bloggers Club Breitbart Scholarship

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Andrew Breitbart's relentless pursuit of the truth has forever shaped America, and for the better. A voice for the voiceless, his life's work was a bold proclamation of the power of an informed citizenry that holds government accountable to those it serves. His tireless efforts empowered patriotic people to engage in public policy and critically analyze the world around us.

Although he is no longer with us, Andrew's legacy lives in every individual who seeks what is just and what is right. In his honor, friends and admirers intend to establish a scholarship fund to sponsor enterprising investigative journalists and bloggers who, like Andrew, understand the,immeasurable affect citizen journalism has in public discourse and policy-making.

As arrangements are made for this scholarship, we invite you to pledge a contribution-- any amount helps-­ for our cause. We will be in touch soon with details on making a donation in his honor. Thank you in advance for your generosity and your continued support for the values championed by our beloved friend, Andrew Breitbart.

ACT NOW. If you donate $55 or more, you will be sent a commentative Remember Breitbart shirt.

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Powered By: :fas 1/16/2014 BREAKING: Demand fur National Bloggers Oub Accountability NolV Bipartisan I Osborne Ink

BREAKING: Demand For National Bloggers Club Accountability Now Bipartisan

Tweet 18 l,> Cl " C( Ems. I 8+1 2 "Share Ali Akbar (right), founder and President of the National Bloggers Club, is a Karl Rove favorite with a criminal record. Worse, he kept that record hidden from donors from 2008, when he was convicted, until May of this year, when his probation expired. In the meantime, he has repOltedly been asking NBC donors for sensitive personal information ­ without meeting any of the transparency requirements and standards for such organizations.

Along with the anonymous Breitbart Unmasked website, Bill Schmalfeldt of The Liberal Grouch.com publicized Akbar's criminal record. While investigating the National Bloggers Club, Schmalfeldt found that Akbar and company had never actually applied for 501(C)(3) charitable nonprofit status. His queries to the IRS have apparently sparked an investigation by that agency, and Schmalfeldt now says he has made a formal complaint to the Federal Trade Commission as well.

Schmalfeldt's requests for comment on Twitter and in email have met with a stone wall of resistance, but that dam may finally be breaking. In June, conservative blogger Paul Lemmen called foul on the National BlQggers .cluh. SQ did Ladd Ehlinger, Jr., the conservative blQgger and filmmaker knQwn as FilmLadd. With Sinclair nQW joining them, a bipartisan critical mass is forming.

At his website tQday, Schmalfeldt is asking fellQw bloggers from all sides tQ demand that Ali Akbar, the NatiQnal Bloggers Association, and Vice & Victory Agency immediately publish:

The names of every NatiQnal Bloggers Club BQard member including the date each became associated with the NBC;

A complete financial report showing the amounts of all mQnies paid to in contributions; services, Qr spQnsQrships made to NBC or BlogBash;

A complete financial repQrting Qf all funds paid out by NBC or BIQgBash including the names ofthQse receiving said payments and the reasons for each;

A complete financial accQunting Qf all funds paid out by NBC/Blogbash including an accounting of what the payments were for .and ifthey were made for the persQnal benefit ofAli Akbar or any other member Qf the NBC Board;

A complete accounting of all cQntributiQns made to the Breitbart Scholarship Fund as well as an accQunting of all disbursements Qf said funds as well as the name of the financial institutiQn(s) where contributiQns are Qn deposit;

A statement as to Bill Murphy's past and current connections with NBC and BlogBash; whether Murphy has been involved in any NBC/BlogBash activities and or promotions since becoming the Qfficial SQcial Media Director for the Romney/Ryan campaign;

·E~ -'-.1 http://www.osborneink.com/2012/08/breaking-demand-for-national-bloggers-club-accountability-now-bipartisan.html 1/3 1116/2014 BREAKING: Demand For National Bloggers Oub Accountability Now Bipartisan I Osborne Ink The IRS 50l(c)(3) documents confirming the below stated claim by NBC:

National Bloggers Club is a new 501(C)(3) founded by top new media operatives, bloggers and journalists as a loose association of bloggers who are for free enterprise and limited government and to advocate on bloggers behalf.

INDICTMENT NO. t052lS08 [)

IN nm NAME AND BY Al1JlfORITY Of'nm STATE OF11lXAS: 11D GRAND.R1IlORS OFTAIUtAHI' COCNIY. lUAS, ~y eIoeted. Iried. empaneIc:d, swom. and dwJcd 10 ~ ofoffen- <:ommined in T_

UNU.WFUU.Y APPROPRIATE. BY ACQUlRlNO OR O1lII!ItWlSB IlXERC1SING CONTllOL OVER PR.OPERTY, TO-WIT: FIVE MP3 PLAVERS. TWENTY en.. 11IRJ!E CAMCORDERS. TWO DVD PLAVERS. ONE BACK MASSAGER. ONE a.oac. R>UIt SHDlTS. TWO BELTS AND A PIECE OP LUGGAGE" OF11tE VALUE OFS1500 OR MORE BurLESS mANS20,OOO wrm IN'I1!NTTO DEPRIVE THE OWNER, QUETA CALVDLO. OP11tE PROPERTY. AND AIl.OP11tE SAID PROPIlRTY WAS OBTAINED PURSUANT TO ONE SOIEME OR COIImNUING COU1tSE OF CONDUCT WHIaf BEGAN ON OR ABOUJ' NOVEMBER 1,2006 AND CONTINU1lD umn. ON OR AIlOUI' NOVEMBER 29,2006.

Rally For Roger: Legal William Hoge's Downfall EXCLUSIVE: RogM Austin Smith Clem Must Defense Fund Created Shuler Arr9llt Scene Be Kept Away From For Legal SchnauzM Photos (VIDEO Children UPDATE)

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About Matt Osborne Veteran blogging the culture wars from Alabama. Video journalist, mash-up artist, aspiring novelist, and metalhead. Expect bUlIlues, geekery, dark humor, and snark)' empirical analysis to annoyidealists ofan stl·ipes. You can follow me onT\\ltter. but be ready 'cause itmight get loud. View all posts bv Matt Osborne -..

http://www.osborneink.com/2012/08/breaking-demand-for-national-bJoggers-club-accoul1tability-now-bipartisan.hlJul • .S .... Any Information copied from such Reports and Statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes. other than using the name and address of any political committee to solicit contributions from such committee ~ NAME OF COMMITTEE (In Full) Conservative Action Fund

Full Name (Last. First. Middle In~jaJ) Transaction 10: 88218.4111 A. Vice & Victory Agency LLC Date of Disbursement M M 0 D Y ¥ Y Y Mailing Address I I 06 20 20 1 1 ff) (\ City State Zip Code Amount of Each Disbursement this Period Fort Worth TX 76137 .- r\ Purpose of Disbursement 7400.00 Web, technology. marketing consulting 001 , Candidate Name Categoryl Type Office Sought: House Disbursement For: Senate Primary General President Other (specify) y State: District: SCHEDULE B (FEe Form 3X) FOR LINE NUMBER: 7.~~_ Use separate schedule(s) [PAGE (check only one) ITEMIZED DISBURSEMENTS for each categOt)' of the Detailed Summary Page X 21b 22 - 23 - 24 .... 25 r-- 26 - ~ l- I-- I- ~ 27 28a 28b - 28c 29 30b Any Information copied from such Reports and Statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes. other than using the name and address of any political committee to solicit contributions from such committee ~ NAME OF COMMITTEE (In FuU) Conservative Action Fund

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City State Zip Code Amount of Each Disbursement this Perioo Washignton DC 20013 Purpose of Disbursement 1350.00 Legal services 001 - ----~--- Candidate Name Category! Type , . "., --_._-_._-----'------Office Sought: House Disbursement For: Senate Primary General President Other (specify) .. State: District: I Full Name (Last, First, Middle initial) Transaction 10: 58218.4107 c. Vice & Victory Agency LLC Date of Disbursement . '".:' - -- M M : 0 0 'I Y Y Y 05 1 4 20 1 1 Mailing Address ~ I ..

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Purpose of Disbursement " 8400.00 Web. technology, marketing consulting - 001 Candidate Name Category! Type Office Sought House Disbursement For: . Senate Primary General President Other (specify) .. Stale: District: 1/16/2014 PICKET: FLA Congresswoman leads '07 member effort demanding Swat-ting investigation from DOJ - Washington Times PICKET: FLA Congresswoman leads 87 member effort demanding Swat-ting investigation from DOJ <- return to Water Cooler

15 SIZE: + I - PRINT

By Kerry Picket· The Washington Times June 10,2012, 11 :58PM

Congresswoman Sandy Adams, Florida Republican, sent 8 letter on Monday, signed by 87 House Republicans, to Attorney General Eric RECENT ENTRIES Holder urging him to assign Justice Department officials to investigate President Obama's the recent threat of "SWAT-tings." (Scroll further down for letter in bold) proclamation for 'Religious Freedom Day' A SWAT-ting happens when a person calls 911 emergency dispatch recognizes atheists and agnostics services under another individual's name and falsely claims he or she is committing a violent crime. Such an act is committed to cause local law Mike Huckabee wants to enforcement authorities (like a SWAT team) to surround and enter the outlaw the word 'RINO' in the name ofGOP unity residence of an innocent Individual, who was Impersonated and framed Ready to Rebuild Your Retir1!ment? for a violent crime through the 911 call. The false call can be made via Moment of mirth: the internet, so as to mask the true caller's Identity and location. If you have a $500,000 portfoho, download Americans admire Rush the guide by Forbes columrust and money Limbaugh more than manager Ken FISher's firm It s called 'The Hillary Clinton "My concern is someone is going to get hurt," Rep. Adams told me on 15-Minule Retirement Plan.' Even if you Friday. "It's very dangerous for the people living in the home that didn't have somethIng else In place right now, it stili makes sense to request your guideI Fed up tea partyand call 911, because they have no awareness whatsoever that something consen'ative critics attack like that had happened. So they open the door to law enforcement Jolm Boehner over ,. Ctick here to download 'ideologically bankrupt' whether it's with or without guns drawn.' GOP FISIIER !:-:VESTMDlT "It's a danger to the law enforcement agency that is being sent there, Neh\urks offer 44 times and it's also a danger to the people in the community, because you're more coverage to YOU MIGHT ALSO LIKE Christie's traffic woes pulling people away from what could be a real emergency." than to IRS targeting of WRIGHT: Thug life - Who's conservative groups Congresswoman Adams is a first term Capitol Hill lawmaker and has a your daddy? Apparently, no military and law enforcement background. Following her time in the Air one· Force, she served for seventeen years as a deputy sheriff in the Orange County, Florida. PHILLIPS: Michelle Obama ­ A queen comes to town "We were dispatched from 911 calls where there were shots fired and holding of a hostage. Those were the things that you went to and you're WESTWOOD: Republicans going to want to know that," she said. can win the war on poverty

The SWAT-ting issue caught the Florida Congresswoman's attention when she heard that CNN contributor and Red State blogger Erick ISTOOK: IRS to get 'license Erickson was a victim of a swat in late May. Another bragger who was to kill' groups that oppose SWAT-ted, Patrick Frey, a Los Angeles assistant district attorney, went Obama agenda through the terrifying experience in july of 2011. JAMISON: Emancipation "81oggers shouldn't be targeted for exercising their first amendment Proclamation vs. Democrat right. It isn't right these folks are being subjected to swat-ting," said Lisa slavery Boothe, Rep. Adams's press secretary, who pointed out that the Florida GOP'er wants to protect first amendment rights on this issue as well.

"Years ago, when someone dialed 911 from a hard line, you could figure out where it was coming from. With mobile lines you can pretty much tell where it's from, but when you have a Voice Over Internet Protocol (VOIP), it's apparently making it a lot harder to do this," said Adams.

House members on the letter to AG Holder join Senator Saxby Chambliss, Georgia Republican, and Rep. Kenny Marchant, Texas Republican, who previously called on the attorney general to investigate the recent spate of swat-tings.

Adams collected a little over 80 House signatures for her letter last http://www.washingtontimes.com/blog/watercooler/2012/jun/10/picket-fla-congresswoman-leads-errort-demanding-sw/ 2/10 1/16/2014 PICKET: R-A CongresslVoman leads 87 member effort demanding Swat-ting investigation from DOJ - Washington Times

Friday afternoon from her colleagues on the House floor during votes, a HAPPENING NOW task rarely accomplished in such a short period of time before the Glenn Beck to pay weekend of a recess week. Members are known to dash out of the Capitol after final votes are taken 'sanctimonious' critic to face at that particular period. 'Lone Survivor's' Marcus Luttrell "I hope that the Attorney General takes a very hard and close look at this, because it's putting our citizens at risk and in danger-because they're having people arrive at their house with heightened Light saver: Spending bill awareness-because they had a 911 call with a report of shots fired or holding people hostage or rjf~+"'11i1 throws lifeline to whatever the quote-unquote 911 call was for," Rep. Adams explained. incandescent bulbs

Some wonder if Mr. Holder will take the swat-ting issue seriously enough to take action on it through NAPOLITANO:Obama the Justice Department, as the Obama Justice Department is known for not responding to members' mocks Catholic nuns for requests for information in a timely manner often. resisting Obamacare contraception mandate AG Holder appeared before the House Judiciary Committee last Thursday and was questioned by members about a range of issues from the failed ATF gun walking program Fast and Furious to COMMENTARY Voter ID. Committee members remain concerned Mr. Holder will not comply with a SUbpoena to MILLER: Gun rights reload in 2014, release documents pertaining to Fast and Furious and the AG could face contempt of Congress as a concealed carry reciprocity back in result. Congress By Emily Miler Other congressmen from both sides of the aisle asked AG Holder why he had not responded to their A Texas shoolout belWeen John Cornyn and Steve requests of him on other concerns. Congressman Jerry Nadler, New York Democrat, appeared Stockman for Senate aghast when AG Holder would not definitively commit to releasing a legal memo and copy of a NAPOLITANO: Obama mocks Catholic nuns for briefing, which Mr. Nadler requested from DOJ previously, regarding the lethal targeting of U.S. resisting Obamacare contraception mandate citizens who are terrorists. EDITORIAL: Hackers finding Obamacare website a tempting target EDITORIAL: Benghazi murders were preventable, Congressman Louie Gohmert, Texas Republican, grilled AG Holder over DOJ's refusal to release the White House coverup shameful documents Gohmert's office requested one year ago pertaining to the Holy Land Foundation trial, HANSON: The cowardice of politically correct anti­ semitism which the Justice Department only made available to convicted terrorists, according to Mr. Gohmert.

Rep. Adams observed that Holder committed himself, in the same hearing, to helping law mJ telldc enforcement do their jobs effectively. Citizen town hall From Woshu.gtoll TUlles, powered by TellDC Adams asked, "Didn't [AG Holder] say he was looking towards doing things that would help protect TODAYS QUESTION: law enforcement and that would help protect our communities from crime?" Susan Roberts @ Congressman Gnmm Congressman Grimm- Do you believe Govemor Christie handled the New Jersey bridge scandal "That is his job. He's the head law enforcement officer in our country, and he wanted to make sure appropriately? that our laws are being obeyed." 'A..olT 1K 161 II' VOTe She added, "He needs to make sure that our citizens are protected in a way that protects them from dangerous things such as SWAT-ting." PREVIOUS QUESTION: Adam Dorin, M.D @ Congressman CartBr How will Republicans refashion healthcare ifthey Mr. Frey described his swat-ting experience on his blog "Patterico's Pontlflcatlons": (Listen to take control of Congress and the Vv1lite House? hoax 911 call here) OFFICIAL VIDEO RESPONSE: VIDEO - Rep. Carter responds to Dr. Adam When I opened the door, deputies pointed guns at me and Dorin's question about the ordered me to put my hands in the air. I had a cell phone in my GOP plan for healthcare. play video " hand. Fortunately, they did not mistake it for a gun. They ordered me to turn around and put my hands behind my back. They handcuffed me. They shouted questions at me: IS THERE ANYONE ELSE IN THE HOUSE? and WHERE ARE THEY? and ARE THEY ALIVE? I told them: Yes, my wife and my children are in the house. They're upstairs in their bedrooms, sleeping. Of course they're alive.

"I recognize it as being dangerous and I would hope the Attorney General recognizes it as being • Vetel'3ns Advocate: Budget Bill Is 'Total Betrayal' dangerous. He needs to focus on how we stop this from happening before someone gets killed from • Liberal Michael Wolff: Ailes Book 'QuiteAbsurd' it," said Rep. Adams. • NFLQB's Wife Forgets AR-15 in Rental Car

• Malkin: Why Racists Attacked Black Sitcom Star

• Obamacare Shocker: Will Heirs Be Liable? 1116/2014 PICXET: FLA Congresswoman leads f57 member effort demanding Swat-ting investigation from DOJ - Washington Times

Last week we spent a Jot of time writing about Brett Kimberlin and • HeartTip: Daily Vitamin May Lower Blood the incident involving blogger Patterico where someone spoofed PresSlll'e his phone number and told 911 he had shot his wife. Tonight, my • Senion;: Increase Social Security Payouts With family was sitting around the kitchen table eating dinner when Weird Trick sheriffs deputies pulled up in the driveway. Someone called 911 from my address claiming there had been an accidental shooting. • RateObama's Prcsidency- Vote Now lMlal's This? "I hope the Attorney General's office will take a very close look at this-look into what's happening­ look into the rationale behind it-look into who is doing it and if there is any federal law that is being WATER COOLER ARCHIVES violated [by individual(s)] .. ." said Rep. Adams ".. then DOJ will have to work to have them brought to January 2014 December 2013 November 2013 October 2013 justice." September 2013 August 2013 July 2013 June 2013 On the evening Red State blogger Erick Erickson posted that the was a victim of a swat-ting, he May 2013 April 2013 pointed out that he previously contacted his local police department about the issue of swat-ting and March 2013 February 2013 that the nature of his work may provoke individual(s)to attempt to swat him. January 2013 December 2012 November 2012 October 2012 Fortunately, as a result of Mr. Erickson's actions, no one was hurt. Rep. Adams made it clear that September 2012 August 2012 DOJ should also make it a priority to reach out to local law enforcement departments to spread July 2012 June 2012 awareness about what exactly swat-ting entails. Other bloggers began to wonder if they should do May 2012 April 2012 the same by contacting their local law enforcement authorities. March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 "It's their responsibility to reach out to the law enforcement agencies and law enforcement September 2011 August 2011 communities and make them aware of what's happening. Now whenever you do this, you cannot July 2011 June 2011 expect a law enforcement officer who sees a 911 call not to respond in the manner in which is May 2011 April 2011 required, so making them aware of it, making dispatch aware of the fact when they get Voice over March 2011 February 2011 Internet Protocol call, but that does not mean that everyone of those Voice over Internet calls is January 2011 December 2010 going to be a false call, because a lot of people in their homes have those. So the police are going to November 201 0 October 2010 have to respond in a way in which they are trained." September 2010 August 2010 July 2010 June 2010 June 11,2012 May 2010 April 2010 March 2010 February 2010 The Honorable Eric Holder January 2010 December 2009 November 2009 October 2009 U.S. Attorney General September 2009 August 2009 U.S. Department of Justice July 2009 June 2009 950 Pennsylvania Avenue NW, Suite 5111 December 2000 Washington, D.C. 20530-0009

Dear Attorney General Holder: 00 You Think the Market Is Headed for a Fall? We write you concerning the growing threat of "SWAT-ting" and its If you have a $1,000,000 portfolio, you costly ramifications. These crimes occur when individuals call should download the latest report by emergency dispatchers under the guise of another person's name Fames columnist Ken Fisher. In it he tells with fraudulent claims, causing local law enforcement to swarm you Where he thinks the stock market is headed, and Why. This must-read report the home of innocent Americans. SWAT-ting first arose in 2002, includes his latest stock market prediction, but as technology and the Internet has expanded, the dangers of plus research and analysis you can use In SWAT-ting are also on the rise. your portfolio right now. Don't miss itl Click Here to Download Your Report! Investigators have concluded that the majority ofSWAT-ting cases L.- FrlHU IHVUnclHf1- utilize voice over Internet (VOIP) connections between the suspect's computer and a distant telephone network, and then Most Read Most Shared Most Emalled dialing 911. This enables the suspect to falsify their identifying MILLER: Harvey Weinstein and Meryl Streep information, such as their telephone number and address, and making movie attacking NRA

make it nearly impossible for emergency dispatchers to identify or Inside the Ring: Moscow creates 1,500-mile track the true origin of the call, or even pin-point calls from VOIP security zone around Sochi connections. Senator recounts personal run-in with drone

Dolphins QB Ryan Tannehill's wife leaves AR­ Some of these calls involve embellished schemes, including 15 in rental car armed suspects and hostages, and in some instances, the caller NAPOLITANO: Obama mocks Catholic nuns for claims that he has just killed someone. Moreover, the caller resisting Obamacare contraception mandate knOWingly uses the identifying information of another person, who MILLER: Gun rights reload in 2014, concealed carry reciprocity back in Congress is usually an adversary of the caller. This elaborate hoax is all BENGHAZI W/>S PREVENTABLE: Hillary done with the goal of having law enforcement swarm the home of Clinton cited for major security lapses hltp:/Iwww.washingtontimes.comlblog/watercooler/2012/jun/lO/picket-fla-congresswoman-leads-effort-demanding-sw/ 4/10 1116/2014 PICKET: FLA Congresswoman leads '67 member effort demanding Swat-ting investigation from DOJ - Washington Times the caller's foe, which only incites fear in and tarnishes the u.s. pilot scares off Iranians with 'Top Gun'­ worthy stunt: 'You really ought to go home' reputation of an innocent person. Bada Bing! Chris Christie's team accused of 'mafia-esque' rule over New Jersey Even worse, SWAT-ting is quickly becoming a scare tactic used Light saver: Spending bill throws lifeline to against political bloggers, essentially stifling those bloggers' First incandescent bulbs Amendment rights. Just last month, a popular blogger in the state of Georgia, Erick Erickson, became the latest victim of SWAT-ting. During the Erickson's family dinner, sheriff's deputies were dispatched to Erickson's home after receiving a 911 call reporting an accidental shooting that appeared to have come from Erickson's address. Fortunately, Erickson previously alerted police to SWAT-ting tactics; however, numerous similar scenarios have ended with gUiltless victims held at gunpoint.

While none of the SWAT-ting victims have incurred physical harm from these hate filled ploys, we are gravely concerned that future victims may not find themselves so lucky. Plus, when law enforcement officers are responding to SWAT-ling claims, resources are diverted from those truly in need-all of this because of differences in political ideology.

Differences of opinion should enrich our lives, not divide us. Each American has the right to freely express his or her ideas and should not be subject to fear tactics like SWAT-ting, which run counter to the liberty that forms the bedrock of our great nation. These crimes are not to be tolerated and necessitate thorough examination at every level.

We urge you to hold true to those promises and work to ensure that criminals using fear in hopes to preventing others from exercising their First Amendment rights are held to the highest standard of the law. To this end, we implore you to thoroughly review each of these cases, determine whether any federal laws have been breached, and prosecute those crimes accordingly.

Sincerely,

Sandy Adams (R-FL) Tom Graves (R-GA) Louie Gohmert (R- TX) Trey Gowdy (R-SC) Jim Jordan (R-OH) Trent Franks (R-AZ) Andy Harris (R-MD) Steve Southerland (R-FL) Joe Walsh (R-IL) Paul Broun (R-GA) Lynn Westmoreland (R-GA) Bob Goodlatte (R-VA) Morgan Griffith (R-VA) Chip Cravaack (R-MN) Jason Chaffetz (R-UT) Phil Gingrey (R-GA) Dan Burton (R-IN) Cathy McMorris Rodgers (R-WA) Leonard Lance (R-NJ) Jeff Duncan (R-SC) Jaime Herrera Beutler (R-WA) Daniel Webster (R-FL) Allen West (R-FL) Dennis Ross (R-FL) Richard Nugent (R-FL) http://www.washingtontimes.comlblog/watercooler/2012/jun/lO/picket-f1a-congresswoman-leads-effort-ctemanding-swl 5/10 1116/2014 PICKET: FLA Congresswoman leads 87 member effort demanding Swat-ting investigation from DOJ - Washington Times Ben Quayle (R-AZ) Tom Rooney (R-FL) Todd Rokita (R-IN) Renee Ellmers (R-NC) David Reichert (R-WA) Ileana Ros-Lehtinen (R-FL) Mary Bono Mack (R-CA) Adam Kinzinger (R-IL) Cory Gardner (R-CO) Michael Grimm (R-NY) Ann Marie Buerkle (R-NY) Don Manzullo (R-IL) Bob Turner (R-NY) Jon Runyan (R-NJ) Don Young (R-AK) Mike Kelly (R-PA) Tom Marino (R-PA) Lamar Smith (R- TX) Marsha Blackburn (R- TN) Michele Bachmann (R-MN) Jeff Fortenberry (R-NE) John Kline (R-MN) Mo Brooks (R-AL) Austin Scott (R-GA) Pete Olson (R-TX) Scott Desjarlais (R-TN) Vicky Hartzler (R-MO) Ted Poe (R-TX) Patrick McHenry (R-NC) Alan Nunnelee (R-MS) Candice Miller (R-MI) Mark Amodei (R-NV) Kenny Marchant (R-TX) Sue Myrick (R-NC) Todd Akin (R-MO) Randy Forbes (R-VA) Paul Gosar (R-AZ) Diane Black (R-TN) Jeff Landry (R-LA) Steve Stivers (R-OH) Randy Hultgren (R-IL) Mike Pompeo (R-KS) David Schweikert (R-AZ) Bill Posey (R-FL) Steve Chabot (R-OH) Quico Canseco (R-TX) Bill Johnson (R-IL) Pete Sessions (R- TX) Tim Griffin (R-AR) Walter B. Jones (R-NC) Lynn Jenkins (R-KS) Billy Long (R-MO) Steve Scalise (R-LA) Stephen Fincher (R- TN) Jack Kingston (R-GA) Scott Rigell (R-VA) Tom Price (R-GA) Robert Hurt (R-VA) Jeff Miller (R-FL) Bill Huizenga (R-MI) Steve King (R-IA) http://www.washingtontimes.com/blog/watercooler/2012/jun/lO/picket-fla-congresswoman-leads-effort-demanding-sw/ 6/10 MONDAY, JULY 2, 2012 The Story I Couldn't Tell, Part II: Brett Kimberlin's Latest Petition for a Peace Order

Well, yes, I have suggested that people such as George Soros, Teresa Heinz Kerry and Barbra Streisand all stop donating to Brett Kimberlin's organization, but in fact that is protected speech. Seriously, are people under the impression that you cannot recommend or recommend against donating to a specific charity?

Aaron Walker's personal blog http://allergic2bull.blogspotcom/2012/07/story-i-couldnt-tell-part-ii-brett.html htt: socie ;bytes.word ress.com 2012 05 24 weakell-brett-kimberlin-b '- oin -after-barbara-streisand-teresa-heillz-kerrv- eor e-soros-alld-eve rone- '\'ho-backs-kimberlin-\vith-flnallcial-dollations Weaken Brett Kimberlin By Going After Barbara Streisand, Teresa Heinz-Kerry, George Soros And Everyone Who Backs Kimberlin With Financial Donations crime. politics terrorism May 24} 2012 12:38 pm Freedom of speech is under assault in America by liberals, radicals, Leftists, and known convicted terrorists like Brett Kimberlin, whose anti-America agenda is being funded and financially supported right now by some ofthe most well-known Americans. However, instead of attacking terrorist Brett Kimberlin directly, which many bloggers have found to be a dangerous inethod, go after those people who are supporting him through financial donations either directly or through his Justice Through Music Project. Hammer Streisand; hammer Heinz-Kerry; hammer Soros. These people know what they are doing; they know who they are donating money to; they know they are contributing their money to a known and convicted terrorist. However, there are many people who donate money via Brett Kimberlin's JTMP who may legitimately not know that the money they are contributing is actually going to help fund Kimberlin's radical anti-American agenda. The JTMP, which, in its "About" page, does not mention Kimberlin as one ofthe founders (and probably for obvious reasons) is a radical, left-wing, "Occupy" movement supporting, anti-capitalist feeding trough for other liberals, socialists and Leftists who want to transform America into a totalitarian Left­ wing autocracy. By positioning and setting itself up as a website dedicated to "music" it entices, and entraps young teens into a world of liberal activism, pretending to be, and disguised as, a website that uses music merely to promote voter registration among America's youth. We must be vigilant, courageous and persistent in demanding Kimberlin's backers (especially those like Streisand, Kerry and Soros who are public celebrities) be held accountable for their wicked, sinister and corrupt actions. We must demand, directly, why Barbara Streisand supports a known convicted terrorist. Why then, Barbara Streisand, do you support a known convicted terrorist, Brett Kimberlin? Since Streisand remains silent, we must accept Streisand supports the type of terrorism that Kimberlin has conducted. We must demand, directly, why Teresa Heinz-Kerry supports a known convicted terrorist. Why then, Teresa Heinz-Kerry, do you support a known convicted terrorist, Brett Kimberlin? Since Kerry remains silent, we must accept Kerry supports the type of terrorism that Kimberlin has conducted. We must demand, directly, why George Soros supports a known convicted terrorist. Why then, George Soros, do you support a known convicted terrorist, Brett Kimberlin? Since Soros remains silent, we must accept Soros supports the type of terrorism that Kimberlin has conducted. We must demand directly, why the Democrat Party has opened itself up and invited Brett Kimberlin into its fold. By not rejecting Kimberlin, by not distancing itselffrom Kimberlin, by not renouncing Kimberlin, the Democrat Party is guilty of supporting this known convicted terrorist. Therefore we must accept that the Democrat Party, because of its silence, supports the type of terrorism that Kimberlin has conducted. Ifa known convicted terrorist was ever outed to be a conservative, and to have infiltrated the republican Party; if well-known conservative activists had ever donated money to such a person and the liberal MSM ever got hold of that information - what the hell does anyone think the response to that would be? Barbara Streisand supports terrorism as long as it is directed at American capitalism and meant to thwart conservatism. Teresa Heinz-Kerry supports terrorism as long as it is directed at American capitalism and meant to thwart conservatism. George Soros supports terrorism as long as it is directed at American capitalism and meant to thwart conservatism. The Democrat Party supports terrorism as long as it is directed at American capitalism and meant to thwart conservatism. The lIJustice Through Music Project", which may be a shill non­ profit organization with a hidden agenda, supports terrorism as long as it is directed at American capitalism and meant to thwart conservatism. What other conclusions can we draw? Hammer the donors, publicly expose them, and the finances Kimberlin needs to continue his operations will dry up. Or, does Barbara Streisand think she can bolster her image among her fan base when her fans know she is contributing her money to a known convicted terrorist? Does Teresa Heinz-Kerry think she can bolster her image, and help her husband's (John Kerry) image by contributing her money to a known convicted terrorist? American who support terrorism directed against America are traitors. What does that tell you about Streisand, Kerry, Soros and all the others who support a known and convicted terrorist, Brett Kimberlin? MONDAY, JULY 2,2012 The Story I Couldn't Tell, Part II: Brett Kimberlin's Latest Petition for a Peace Order

Well, yes, I have suggested that people such as George Soros, Teresa Heinz Kerry and Barbra Streisand all stop donating to Brett Kimberlin's organization, but in fact that is protected speech. Seriously, are people under the impression that you cannot recommend or recommend against donating to a specific charity?

Aaron Walker's personal blog http://allergic2bull.blogspot.com/2012/07jstory-i-couldnt-tell-part-ii-brett.html FBI meeting

Patrick Frey mail. com> Thu, Dec 2011 at 7 25 PM 0 •• tibe..rt ChICk.. gmall.com>., Dustin F gmail.com>, Aaron Worthing gmaiLcom> Mike Stack _ @gmal .com>, 0 gla5 Stewart yahoo. com>

Met with the Oatlas FBI today in person, as well as a cyber crimes Assistant U.S Attorney. One of the agents reads my blog and Ace's and has heard of Mandy. He was already familiar with Kimberlin and generally remembered Ace's and my cO\erage of Wemer and the threat from AliCia Pain. You couldn't ask for a more appropriate person to talk to.

They totally understand the swattmQ phenomenon and approached this like political retaliation, which is what it is. They can't take o~r the case but can give adlAce to the L.A office. They explained that the phone records actually might take 6 months due to the nature of the specific informatIon sought. However, he will talk to the LA. Office to make sure they' are obtall1lng the correct information in the most efficient manner

I asked what I can personally do to ensure that these people go to prison. The answer is: if you ha\e a blog, set your settings to gather the maximum amount of information poSSible. Keep meticuloos records and notes ~ our screenshots are good,

Ultimately, the goal is to catch the hackers slipping- be able to trace a criminal act back to a specific computer so they can execute a search warrant He is more concerned about targeting the computer than the person. Things like ",ice comparisons and inteNews they would S3\e for after someone is charged; they would not really consider It probable cause to ha\e a positive \Oice match, because of how mconclusi\le it is,

They thought my call sounded like Ron, They thought the 810g Talk Radio call sounded like the New Jersey call. They said Ron being on the line with me was a typical MO - they like to be on the phone when it happens, They think If we can get a search warrant, we will find a recording of the call on their computers. They like to record the calls and replay them, HalAng me on the phone was hog heawn for Ron. they suspect

Basically we ha\e to keep monitoring their IPs and tie a computer not hidden behind the Tor Project or somethmgsimilar to a crime, I ha\e a feeling these people would have pursued Ron for his threats to me and my Wife, but the agent kept stressing that it's not his case and he can't set LA's priorHies.

He also stressed what we pretty much already knew: the continued 1116/2014 LA Prosecutor Patrick Frey Qmts with Barrett Brown 2

Donale for lhe CQ/Dlome archive ofGles from June 199610 Ihe Dresenl Do =C=- ... ~E1 ------7 September 2012

LA Prosecutor Patrick Frey Chats with Barrett Brown 2

Part 1: htt~:r/kryptome.Qr~012109/frm/-cbat-brown.htm

Barrett Brown sends:

This is the kind of thing that interests this fucking prosecutor after

HBGary caught going after journalists, me, Anonymous, Greenwald, etc.

*** Patrick: How is it that Think Progress is reporting that the Chamber of Commerce dug up info on Velvet Revolution -- yet we only see e-mails about Brad Friedman and not about his partner, convicted bomber Brett Kimberlin? me: Velvet Revolution? 11:41 PM You and I may use differing terminology I don't read Think PRess as they get their info from us Patrick: It's almost as if Think Progress didn't publish the e-mails about Kimberlin that certainly were sent me: Nor am I a liberal, remember one sec I should note that we've been going over tens of thousands of e-mails plus docs that Barr wanted to sell to FBI, with my name in them Patrick: Velvet Revolution is the organization that Brad Friedman set up with convicted bomber Brett Kimberlin me: who's this person? 11:42 PM oic I'll make sure it's run give me a summary, plz? Then I'll go through raws and find it all Patrick: I have written about Kimberlin me: You know we have an app up by which you can search through all the e-mails, right? anonleaks.ru it goes up and down we're building mirrors I'll tell you, though Patrick: http://patterico.com/2010/10/11/brad-friedmans-partner-and­ bUddy-a-conyicted-bomber-periurer-and drug-smuggler-suspected-murderer­ and-e1ection-integrity-hero/ 11:.43 PM me: that I spoke to Tom Callamore on Friday of the Chamber and spoke to Aaron Barr on Sunday, right after we jacked his info and took over HBGary's server neither did very well 11:44 PM okay, so Kilberlin is a terrorist and Brad..• okay, how does this involve Chamber? 11:45 PM As I said, I've been kind of busy with the conspiracy against Greenwald, Wikileaks, and me and my friends Patrick: Think progress says they were gathering info on Friedman me: the one done by federal contractors does this info come from our heist? Patrick: Yes me: Ok who do these people work for, one of the firms? Patrick: These people? Friedman? 11:46 PM me: Yeah, who's Brad Friedman? I've got a cast of characters here about a hundred strong and like I said we're kind of at war so I don't know who this is htlp:llcryptome.org/2012/09/frey-chal-brown-02.htm 1/7 1116/2014 LA Prosecutor Thtrick Frey Chats with Barrett Brown 2 to put it another way did you do a piece on Greenwald? Patrick: http://thinkprogress.org/2011/02/10/chamberleaks-target-families/ No me: You know, this campaign to commit crimes in order to destroy him? 11: 47 PM ok Patrick: I know very little about it me: but you want ThinkProgress to cover certain things? Maybe you should read some different venues Greenwald's a friend Patrick: They're going to cover what they cover me: and even if he weren't yeah, same with you right? Like, I can give you scoops I've been handing them out like candy to Bloomberg et al Some of these might even help conservatives 11:48 PM Speaking of which We're going after Chavez soon You guys really should consider working with us Patrick: Feels too .•• illegal me: Anonymous is an anarcho-libertarian movement to the extent that it has politics 101 Would you be willing to work with Chamber of Commerce? cause they do illegal shit, too 11:49 PM Except they do it to those who've done nothing except for present opinions Patrick: Maybe not, depending on what they were doing me: whereas we do it to people who try to wrongly accuse people to the FBI I'm assuming you have'nt seen my Guardian piece? on why we do what we do? Or the Bloomberg piece on us? Patrick: The only thing that got my attention about all this was the angle having to do with the convicted bomber Nope me: I'll bet Patrick: But send the links 11:50 PM me: Look We're seriously at war here Patrick: I have limited time and my own reasons -- the bomber has threatened a lawsuit against me. That tends to get your attention me: Yeah, and I've got the feds after me Patrick: He has done much else as well Yup So that has your attention me: plUS several security firms with NSA ties yes, but we're still on Tunisia and Egypt 11:51 PM the latter, no thanks to the folks who have decided that Muslim Brotherhood is behind this If you look You'll see that I called Egypt before it began the reason is that we have good intel and of course are involved so, regarding those of your friends who are going with MB angle on Egypt 11:52 PM I'd ask them to show where they've gotten results in terms of predictions, etc I work directly with Egyptian protest leaders I didn't use to talk about this shit because no one was going to believe me anyway Sorry, I don't mean to be standoffish We've just had a busy week Now, as for Friedman 11:53 PM Patrick: Interesting me: can you summarize who he is, etc? If you can I'll put some people on it Do you know much about Anon? Patrick: Professes to be an "election integrity" guy. me: oic love those types they were popular in Nicaragua, 101 11:54 PM as P.J. O'Rourke noted back when he was good Patrick: No, don't do anything with him Christ me: No, I'm kidding wait, what? http://cryptome.org/2012/09/frey-chat-brown-02.htm 2/7 1116/2014 LA Proseclitor Patrick Frey Chats with Barrett Brown 2

l",lQ.'y.iJO;:: :tv ..... ~J..l.VU.LU 1.,;Q..1....L. .me Patriok: OK, jokes don't always translate on ohat me: 512-560-2302 Patriok: Anyway, he is partnered with a oonvioted bomber me: okay Patriok: Who wants to sue me me: so is Obama 11:55 PM Patriok: Not business partners me: ? oh And this is all in the public reoord, right? Patriok: Friedman is the guy who oredits himself with revealing that the ACORN videos were supposedly a hoax Yes I fought him on it He and Kimberlin have tried to get me fired 11:56 PM me: okay for what are they suing you? or trying to? Patriok: written numerous posts distorting the faots me: libel or some shit? Patriok: For writing about the faot that Kimberlin is a oonvioted bomber Yes, libel me: I imagine it's bullshit, right? Patriok: Kimberlin has oalled my offioe and olaimed I am stalking him oomplete and utter bullshit me: heh that's a funny way to go about it 11:57 PM Patriok: Friedman's assooiation with Kimberlin disoredits him when people find out who Kimberlin is So they try to squash it I'm quite sure the Chamber was interested in Kimberlin if they were interested in Friedman So Think Progress portrays Brad as a viotim But not a word about Kimberlin Whioh I found interesting me: I see Patriok: Anyway, the searoh engine is what I was looking for 11:58 PM me: Do you know what Chamber was trying to do via those other firms? Patriok: Not really me: HBGary, eto? Okay Patriok: Nope me: here http://www.youtube.oom/watoh?v=VSI9L6XNQKI two minutes Patriok: The Think progress pieoe sounded to me like they were gathering sooial media intel 11:59 PM me: heh no I have all the e-mails some of whioh are publio, some of whioh I'm still going through they wanted to release a fake dooument in suoh a way as that the unions or some suoh would obtain it and run it rather, just watoh this olip from Friday 12:00 AM Patriok: Oh, I think I did see something about that. Yeah, that's despioable me: at any rate, I've never talked to Think Progress been working with Bloomberg NYT al-JAzeera others some Japanese TV show 12:01 AM we made the first round of e-mails available for download first night we got ern and then media started going through the thing is there are a lot of stories here like, a lot touohing on NSA and whatnot I spoke to NSA lady a few days baok regarding Stuxnet whioh, thanks to the inoompetenoe of the federal oontraotor orowd we now have 12:02 AM bottom line is we're at war burt but I've split my own org into two http://cryptome.org/2012/09/frey-chat-brown-02.htm 3/7 1/16/2014 LA Prosecutor Patrick Frey Chats with Barrett Brown 2 one tactlon stays wltn me the other goes with one of our tops guys and continues overt, respectable, non-illegal ops you might look into it at some point 12:03 AM they're trying to build secular, liberty-oriented institutions in Tunisia, etc meanwhile I'm in talks with the fellow who wrote Nepal's constitution about creating a framework for Tunisia which I guess is now a confirmed operation although of course this is in early stages 12:04 AM Jenik Radon is the fellow this is off the record for now, btw so If you have any interest in joining the team let me know if you need to verify this stuff talk to Barry Eisler 12:05 AM ex-CIA directorate of operations fellow Patrick: I am firmly against doing anything illegal, just so you and the FBI agents monitoring this chat know me: now a novelist, commentator heh like I said well, should also note I'm not a hacker certainly people within state of California engage in crimes? as in, employees cops, etc obstruction but you're not a criminal neither am I Patrick: Yes. I prosecute them if the crimes are bad enough me: and as I said 12:06 AM of course anywho, there are a lot of options, totally legal and overt and the constitution thing might be up your alley Patrick: Fair enough. Too bUsy to make much of it now, but thanks for the offer me: Okay, thanks for considering now, regarding Friedman 12:07 AM you want us to look through e-mails for that? 12:08 AM Patrick: For what? me: I don't know, why'd you come to me on this again? 12:09 AM Patrick: Actually, pretty much to ask what you told me: is there some place on the Web where all this shit is? me: ah, yes as I said Patrick: Because I figure they looked into Kimberlin if they looked into Friedman me: anonleaks.ru is shaky 12:10 AM was up all week but been up and down depending on one's location today if you have problems, let me know and I'll see what else is available we actually have a much better version going up soon trying to find a server for it Patrick: Also: Think Progress makes it sound like Friedman's home address was disclosed. They redact it. But Friedman posts an address on his own damn site that looks like a home address -- a place to send checks. I wanted to see if that is the address they got 12:11 AM me: ah yeah, you can see raws via that site I never download the file itself as I'm on shitty connection at the moment Patrick: I'm doing a search and not finding this stuff 12:12 AM me: try a sample search real quick look up Endgame I mean, are any searches working? Patrick: Yes me: okay Patrick: Maybe I'm just using it wrong me: are you sure these corne from us? 12:13 AM our stuff was extracted from HBGary servers includes messages from other folks only to the extent that they were e-mailing HBGary folks Patrick: When I put in "bradley louis friedman los angeles" I get e-mails that do not have those terms me: or Aaron Barr himself, as we got all his e-mails oh I'd just search Friedman try that Patrick: I put that in because Think Proqress listed that as his name http://cryptome.org/2012/09/[rey-chat-brown-02.htm 4/7 1116/2014 LA Prosecutor Patrick Frey Chats with Barrett Brown 2 and location me: tell me what happens 12:14 AM wait, give me link to ThinkProgress piece? Patrick: Yeah, but there are 63 results me: let me make sure these are ours you know that to the extent you look around Patrick: I think I gave it to you up the chat thread, no? me: you'll find incredible scoops, right? lemme see 12:15 AM Patrick: Maybe not me: k got it okay, so Think Progress redacted the info for the guy's partner 12:16 AM Patrick: http://thinkprogress.org/20ll/02/l0/chamberleaks-target-families/ me: this is partner as in gay lover? Patrick: Don't think so me: yeah, I got it, you did give it earlier so what you're saying is that Think Progress intentionally avoided using the name? Patrick: I think it's for his "life partner" which is different from Kimberlin, his business partner me: of the bomb enthusiast? Patrick: Right me: ok 12:17 AM Patrick: Who set off bombs and blew off a guy's leg More than an enthusiast Which guy later killed himself me: yeah, I was being wry, it's very sad 12:18 AM much sadder than anything that hurts conservatives, of course 101 anyway frankly, I can see why as an editorial decision they would keep the info out of the story even without knowing who the guy is Patrick: Sure Doesn't help their cause me: your background is in law, I guess? not media or it could be what you're saying 12:19 AM there's not going to be any way to prove it by seeing the e-mails unless I'm missing something Patrick: They want to make the Chamber look bad. If the Chamber was gathering info on one of these people being a convicted bomber, that doesn't help me: well right now, Pat Patrick: well, if they redacted Brad's address which he puts himself on his site, it makes him less of a martyr me: the Chamber is known to have looked at gathering intel on people's children 12:20 AM Patrick: It didn't look that way to me me: it's not like they said, "Oh, just this one guy who bombed someone" Yeah, but you're not capable of making that call yet You haven't been going through these e-mails and drafts for a week Patrick: It looked like they got info on a Chamber guy's children to show how easy it is me: 10101010101 no, it doesn't You need to do your homework on this one I'll show you in a second 12:21 AM Chamber wasn't trying to show everyone that they need to be careful for instance they weren't going to leak that document in order to make the union look bad just to show how easy it is or, contrarily we just hacked into those people's servers in order to show how easy it is in which case, yeah, I love your take and I'd love you to defend us 12:22 AM 001000100010101011 seriously, though need to read the e-mails HBGary specialized in certain things as did their NSA-affiliated buddies among those things Patrick: Hahahaha me: were trying to break into Greenwald's financial records Patrick: Found it 12:23 AM me: ah, did you? on anon1eaks.ru? 'P.:=t"'r;,..."k-~ 'Kimh~rlin ic:: m,;:loT'l+;("\n~ri in +hA c::~mA Tl1,-.lrinN A_m~il http://cryptome.org/2012/09/frey-chat-brown-02.htm 5/7 1116/2014 LA Prosecutor Patrick Frey Chats with Barrett Brown 2

me: well, there you go! aren't you glad we're out there doing our thing? don't tell me you're not having fun right now you are 12:24 AM it's fun as shit and now you've got your story Patrick: Thanks for that link Give me the stuff about what they have been doing me: oh, happy to give it out, I assure you who? 12:25 AM chamber? Patrick: So I can do my homework Yes me: K but they're not the most interesting ones just the most high-profile what you want to look at oh, also Patrick: I only want links to things that are out there on the Internet me: of course Patrick: Remember, FBI agents, I don't commit crimes! me: http://www.mediafire.com/file/7vb98xu7cobcif2/AaronBarrBarrettBrownLULZ.wma 12:26 AM heh I can tell you that Bloomberg et al are using stuff that's not out there we give out favors, remember we love our friends in the business press but listen to that recording before you look into the rest will give you an overview of how this went down and why I'll tell you something else funny 12:27 AM we got into all of Aaron Barr's accounts due to him using same passwords on all of them except EXCEPT for his World of Warcraft account. he kept that secure otherwise I'd be playing his character right now 12:28 AM also when you put up your story give me link and I'll shoot it around 12:29 AM Patrick: Big Media publishes all sorts of classified and other illegal shit that a) they shouldn't and b) I wouldn't dare me: true Patrick: As engaging as I find you, I'm not sure we see eye to eye on hacking me: well I'm not a hacker let's put it this wway I come from a military family 12:30 AM mostly air force mostly bombers, up until 80s they all blew up children in fighting fascism and communism I just help hackers hack things to fight corruption it's all, like, RELATIVE, man. You're just too, like, ESTABLISHMENT, maaaan. 12:31 AM srsly though hacking is a very small part of what we do Anon is chaning we're into nation-building now 12:32 AM Patrick: I am indeed too establishment, I'll grant you me: 101 I'm kidding Patrick: I never wear beanies, for example me: my second in command is a retired gov't lawyer 12:33 AM dude, I only wear polo shirts I went to school with Bush kids all the conservatives have me all wrong Patrick: YOU WEAR A BEANIE. I'VE SEEN IT me: oh, that 12:34 AM well I wear ralph lauren jackets with it also it's a running gag with Diary of Daedalus before I befriended that tribe they talked about my hair a lot 12:35 AM but it's mainly because it's actually snowing in Dallas and I'm not big on that shit you lose most heat through your head and feet 12:36 AM also anything interesting happen in blogosphere lately? fights, .drama, etc? http://cryptome.org/2012/09/frey-chat-brown-02.htm 6/7 1/1612014 LA Prosecutor Patrick Frey O1ats wilh Barrett Brown 2

\:ioJ.QS~e~n/ Patriok: Nah 12:37 AM me: if he ever fucks with you again I'll give you certain e-mai1s 101 Patrick. As long as they're not hacked! me: heh Patrick: We dId get into again somewhat recently Maybe a month ago? 12:38 AM me: 101 bout what? Patrick: Charles Johnson was lying about me to try to get people to threaten my job me: oh, I saw that Patrick: r noted that it was not the first time someone had done that to me and referenced Goldstein obliquely me: he lies about me too now Patrick: He went apeshit So I proved it me: really? 12:39 AM so Goldstein took time off from work to attack you, eh? Patrick. He likes to pretend r went after him on Google and he never did me: he'll fight you he wrestles by my count, he's killed like 300 people so far assuming he followed through on threats Patrick: He wrote a post with my name and job title several actually -- and linked it dozens of times to bump it up on Google me: ah well 12:40 AM let me know Patrick: Since he denied trying to harm me professionally, I laid that out me: oh, wait he's already Google fucked you should see the SAdly, No oompilation Patriok: Not as bad as me mel are you? Patrick: Google Patrick Frey One of his bullshit posts is on the first page

Regards,

Barrett Brown 512-1...__---'

hnp://cryptome.orgI2012109/rrey-chat-brown-02.htm patt,eeriricc~gmail.com> Sun, Jan 8, 2012 at 8:30 PM To_gmail.com

Ha'oe supporting POints ready for anything he questions or wants to hear more about

p [Quoted lext hidoell~

Patteri~gmail.com> Sun, Jan 8, 2012 at 8:31 PM To:~gma!l,com

The steps are:

1) Get out your pomt 2) Make sure he gets the point 3) Make sure you support anything he indicates you haloen'! proven

p

{Ovoted text hiddenl

....-.mgmall.com ~gmail.com> Sun, Jan 8, 2012 at 8:45 PM ~~gmail.com>

Then it seems like I need to start by asking for the relief. Then go thru hiS crim record".

Sent from my iPhone IQ\ioted text hidden]

517

10/1/12 Patterico ~gmail.com> Sun, Jan 8, 2012 at 848 PM To: ~gmail.com

No. You haloe to start with ten seconds of labeling him a con'victed bomber and com,;cled perjurer, and say this is established by major media stories and by published court decisions. Then say he obtained the injunction by repeatedly pe~uring himself and that you can pro~ it. It should take only ten seconds or fewer to say that, but you haw to lead with that

Ethos first. Then logos. Then pathos.

P Patterico Sun, Jan 8 1 2012 at 8: 16 PM To: "A.W. n Cc: Uberty Chick

Ifs still way, way t way too long: but a good beginning. You'U get cut off. Decide what the 3-5 top points you want to make are, and make them aU the first 30-60 seconds. Ifyou get cut off, and you wilt try to get in what you can.

Good luck. Let us know what happens. Hey Mandy, can \Ye get the attorney seNce on board to pull the audio ASAP? 1116/2014 Courthouse News Service

/ HOME PAGE IABOUT us : BACK ISSUES i COlUMNS IDARKROOM ) ALMANAC IENTERTAII\MENT LAW IREPORTS rAPPELLATE OPINIONS IMASTHEAD I • Subscribers Courthouse News Service

Thursday, October 04,2012 Last Update: 1:49 PM PT

lAProsecutorAllegedly Defamed Woman to ShieldACORN Saboteur By MATT REYNOLDS

I '" I Tweet g.1 ShareThis WS ANGELES (CN) -A woman says in court that a LaiAngeles County prosecutor defamed her on his blog to silence her daims that conservative activist James O'Keefe had wiretapped a oongresswoman's office. Nadia Naffe sued Deputy District Attorney John Patrick Frey who h3S purportedly known (nonparty) 0'Keefe si nce the mUCkrakel' worked as an intern in the La; Angeles County DistrictAttorney's Office as a law school student She also names as defendants Frey's wife, Deputy District Attorney Christi Frey; District Attorney Steve Cooley and the county of La; Angeles. Naffe, a reported Hat'Vard graduate, says she too was a friend and oolleague ofO'Keefe's until "a frightening incident" in October 2011 when O'Keefe allegedly drugged her in an attempt to sexually assault her ina renovated New Jersey barn. At that time, O'Keefe was on three years probation for entering federal property during an undercover sting onU.S. senator Mary Lundrieu, D-La., the oomplaint says. A few weeks later, O'Keefe offered to pay her off in return for her silence, aocording to tile complaint. Naffe says that O'Keele threatened to sue when she rejec'l:ed his offer. After filing a eri mi nal harassment complaint agai nst 0'Keefe, NolTe says the late conservative commentator Andrew Breitbarr, whom she describes as a "personal friend," attempted to distort the "barn incident" to discredit her. She says she challenged Breitbarton'l\vitter and on her personal blog. Between February and March 2012, Frey then published dozens of "threatening, harassing, and defamatory statements" on ']\,ojtter describing Naffe as "a liar, iTIiterate, callous, self-absorbed, despicable, a smearartistand absurd," according to her com plai nt Naffe says Frey defamed her because he knew that she was planning to hand over evidence that O'Keefe had ,viretapped the office ofU.S. Rep. Maxine Waters, D-u\S Angeles, and the OneUnited offices where the congresswoman's husband worked. Frey wanted to keep this evidenoo outofthe Los Angeles County District Attorney's office to "protect the repumtions" ofO'Keefe and Breitbart, according to the complaint In March, 0'Keefe sought an injunction against NalIe to stop her from publishing settlement documents with Isabel Santa, a former member of O'Keefe's Pro.iectVeritas. Sanm reportedly won a $20,000 settlementafter Project Veritas fired her for blO\ving the lid on O'Keefe's alleged plan to embarrass a CNN reporter by inviting her on a boat witil hidden cameras and sex props. Naffe says she threatened to contact the DistrictAttorney's Office and report Frey Jor misusing government time by blogging and Tweeti ng about her legal disputes with O'Keefe, including blog posts about legal action O'Keefe took against Naffe. Frey allegedly retaliated by publishing 200 pages ofa 2005 depa;ition transcript between Naffe and a former employer on his blog, "Patterico's Ponti ftcations." TIle published transcript included Naffe's Sodal security number, date ofbirtil, maiden name, family address and medical intormation, the oomplaintsays. Naffe says that Frey represented that he had (IDmined the document from the federal Public Access to Court Electronic Hecords (PACER) system. Frey allegedly wrote on his blog: ''1 think I may layoff Nadia and give her a c11U1lce to realize she has made a mistake in threatening to report me for totally bogus reasons." "She may just be starting to realize that she has made a series of mistakes that could land her in trouble," Frey wrote, according to the complaint "Maybe she's reronsidering." Though Frey allegedly removed the transcript, Naffe says that her personal information was "preserved for several weeks or months in an Internet web cache." Since then, people have allegedly fraudulently used Naffe's &cial security number. Naffe accuses Frey of usi ng his ]lOSi tion as a pra;ecutor "to advance his personal political agenda to increase his audience, and to amplify his harassment agaillstpolitical enemies." Frey also uses his official title as a deputy district attorney to lend credibility to his publishedstatements, according to the complaint. Writing on "Patterico's Pontifications" on 'Thursday, Freysaid he had notseen the lawsuit but noted that a political activist named Neal Rauhauser had introduccd Naffe to her attorney.Jason Leiderman. "As regular readers are well aware, Rauhauser has long wanted me sued, fired, and so forth for several reasons - one of which is tile fact tlmt [ have defended James O'Keefe on this blog," Frey "Tote. In an email toCourthouse News, Frey's attorney Kenneth White called Naffe's . complaint "frivolous and frankly biwrre." "It's a politically motivated abuse of the legal system and an effort tu censor speech protected by the First Amendment," White wrote. "I'm proud tojoin Ron Coleman [,vith http://www.courthousenews.con1t2012/10/04/50960.htrn ~ --?- R 1/2 1/16/2014 Courthouse News Service Goetz Fitzpatrick of New York, N.Y.] in defending Mr. and Mrs. Frey probono to vindiC"dte the important free speech principles at issue. We look forward to addressing the (X,mplaint's manifest defects in court." O'Keefe shot to fame in 2009 after releasing undercover videm he shot in several offices of the nonprofit ACOHN, short te)]' Association ofCommunity Organizations for l~eform Now. Many media reports charaeteIiz<..'{f O'Keefe as posing as a pimp sinc'B he wore "stereotypical197OS pimp garb" in the opening and clc~ing scenes ofrertain videos he released, but he wore a shirt and tie in the actual encounters, identil)'ing himselfas the concerned boyfriend of a purported prcstitute, according to the Caliti,mia Attorney General's Office. '1he videos prompted outrage after being broodeaston Fox News and BigGovernmen!:.c'('m, and lawmakers voted to freeze funding 1:0 ACORN, which was known for voter drives and organizing in poor c·omml.lnities. '11,e nonprofit dosed up shop after filing tor Chapter 7 liquidation in late 2010. Nafte is represented by Jason Leiderman of Leiderman Devine ofVentura, Calif. She seek.., damages tel(' violation of her FirstAmendment rights, public disclosure invasion of privacy, false light invasion ofprivacy, defamation, intentional intlietion ofemotional distress, negligence and negligent supervision. Naffe also made tor1 claim" against the Frey and Cooley in April after Nafte's harassment complai nt against O'Keefe \Vas dismissed late last year tor lack ofjurisdiction. Neither representatives for O'Kede nor the iLJS Angeles County Counsel's Ofnce immediately responded to emailed requests tell' commen!:.

http://www.courthonsenews.com/2012/10/04/50960.htm 2/2 Patrick frey Thu. Dec 22, 2011 at 222 AM To: Aaron Worthing <: Cc: Liberty Chick

This IS way better. You still ha\e a lot of ~anks to fillm and such but the overall argument packs a punch the first one didn't If the judge reads this, you'll win Seth's case for him as well as your 0\\""1.

Marl< Singer not Sanger

Mandy should look in the book for another page (within 10 pages on either side of the one she sent you) which specifically says the article in question named him as a suspect. I am pretty sure ion of the pages is around page 93 and the other is around page 98. Something like that. It's the noaA part of the syllogism and it's missing right now.

You didn't say Just Call Me lefty has called himself a Kimberlin supporter. I sent you that quote and link last night.

This kicks ass. They are going to go apeshit. When you blog It, rll

lCilft2 send it to Glenn Reynolds and teU him I think this is the guy who swatted me, and in any e-..ent it's just an extraordinary takedawn of someone trying to out a blogger for nefarious reasons. Your post will be a hit I predict.

t would like to read the final draft before submission because whatever my ather fau.lts, I am a pretty strong proofreader. So I think it would be good to be able to go line by line with a final draft

This, again, kicks serious ass. A.W. "-gmail.com> Sat Dec 24, 2011 at l'59 AM To: P~_gmail,com>

Besides there is a reason why Brett ne\er sued u. He knew you'd kick his ass. NOVlI he is going to leam not to tuck with me either.

Sent from my iPhone

On Dec 24,2011. at 1:53 AM, Patrick Frey ~gmailcom> wrote

PatriCk Fre gmail,com> Sat Dec 24, 2011 at 2:02 AM Te,. "A.W." gmail.com>

Yeah, but he IS "fucking" with me. Just not in court He sends bullshit interrogatories that he has to know will newr get answered. But mostly he is trying to make me miserable, publishing my address, hinng people to swat me. &>ogle bombing me, defaming me, mocking me, and so on.

Just understand that you will likely be in for this kind of treatment

p

Sent from my ,Phone

PatriCk, F,rey~,• rna,il.com> Sat Dec 24, 2011 at 2:09 AM To: "A,W" ~gmail.com>

The fact that someone yJiIl tuck with you that way is not a reason not to do the right thing - and I think you're doing the right thing.

I just want you to understand that Kimberhn is behind all the things that have happened to me, and that he Is truly dangerous and a psychopath.

p

Sent from my Phone

On Dec 24,2011. at 1:00 AM, HA.W," _gmall,com> wrote: Patrick Frey om> Sat. Dec 24, 2011 at l'53 AM To: Aaron Worting gmaiLcom> Cc' Uberty Chick @gmaiLcom>, ·'A.W."_gmail.com>

I kind of skimmed the beginning parts, Looks like not much has changed and the parts that haw seem persuas!~.

This is your bnefl and although theywUI no doubt file a complaint with my office saying I wrote it for you (because they are liars and need no proof to le\el an accusation), this is ~I you - and it looks reaUy good. I am happy to ha~ done some proofreading and such but the legal analysis is all Aaron and I think it's a winner.

I think you are going to make Kimberlin & Co. very angry and I really hope you know what you are getting into and are steeled for it il

Motion To Compel Re Kimberlin v Allen

Pattenco Mon, Dec 19, 2011 at 10:30 AM To: "A,W.'I Cc: Uberty C 4C

t can't give you e'lwerythin'g that connects Ron to Brett because there IS an ongoing in-..estigation and because it would be ve:ry time consuming, but hopefuUy Mandy can explain a tittle more about Raw Story. Ron's guest bfogging for Brad Friedman, and so forth. There is quite a bit of material but Rants sla\Ash de\Otfon to Brett evident in some of what I sent yOli. He even pushes the "Brett was exoneratedlf story. I ha\e a screenshot somewhere.

Also, don't 'VOlunteer where you got this stuff. Just because of the in\eStigation. But for that I would be shouting afl this from the hilltops, but f still think we can put these guys in prison, so I ha\e to stay quiet

p G~ iI

Legal Notice From Brett Kimberlin

Thu, Dec 15, 2011 at 1:27AM ad. com> maiLeam>

Kimberlin committed perjury three times. I hS\e Ule clips. I tried to get major media to look at it but then my office asked me to back off while they inwshgate and I said OK.

p

Sent from my Phone

On Dec 14, t at 10-17 PM, Aaron Worthing ~gmail :> wrote A.W. gmad.com> Wed, Jan 25, 2012 at 9: 54 PM To: PaUerico gmail.com>

if tts not too much troubie, sure, but j don' want to weigh you down with it, is aU i am saying"

Aaron

Patterico gmaH.com> Wed, Jan 25, 2012 at 9' 55 PM To; "A.W:' gmail.com>

I'm ha\4ng fun. This is what I do: pro\e things. I ha\e a jury out so I ha\e a tittle time tonight 'J o A.W. gmail.com> Wed, Jan 25,2012 at 9:57 PM To: Patteric g;mail.com>

did he say anythrng of note befow it?

Aaron

Patterico gmaiiLcom> Wed, Jan 25,2012 at 9:58 PM To: "A,W.," gmaiLcorn>

Yau are getting ewrything of note that mentions you. Giwme 30 minutes. It will come rolling in graduaUy.

p Patrick frey aitcom> Wed,Dec 21, 2011 at 1: 07 AM To: Aaron Worthing gmaiLcom> Cc: Liberty Chick gmail.com>

You sure you don't want to follow up with Neal just to see what happens?

I don't suggest lying unless it's done under the supei1olsion oflaw enforcement as part of a sting. But is there any harm in following up lust to see where it goes?

p

Sent from my :Phone jQuolen lex! hidden]

Wed, Dec 21, 2011 at 113 AM

10114

1(1/2112 Grnall- Kimberlin P«;1.l1)I To: Patrick Frey ~gmail.com>

Okay, talk to them. makes me wish a family friend in the FBI was still alive.

You would'~ liked him, He was a lawyer, who occasionally eamed anM·16,

Aaroh !Ouol.;1d lexl hidden]

Aaron Worthing gmaiLcom> Wed, Dec 21, 2011 at 1:17 AM To Liberty Chick @gmaiLcom>

try taking the pic, but iHhat doesnt woo<. i will trust you to accurately transcribe the rele\.ent part.

AU j want is the part where Brott Kimberlain talks about koowlng he was a suspect So its oot just proof that he was a suspect, but proof that he knew he was a suspect.

Aaron [Ouoted Ie >1 hiddenl

Patrick Frey ~> Wed, Dec 21,2011 at 1:26 AM To: Aaron Worth~gmail.com>

I just think it would be kick ass if you gave a completely made up identity to Rauhauser, and then Kimberlin tried to S~ that person, aod their name was spread all o~r Just Call Me Lefty etc,

But it only makes sense as part of a monitored LE sting.

p c-J Patrick Frey Wed, Dec 21,2011 at 12:49 AM To: Aaron Worthing Cc. Liberty Chick

Think she was going to send it I haw a ton of proof of that. Mostly comments on Qritiq. Neal says he has met Brett, works with Vel\et Re\Olution, always has ad'l.0l1ce notice of what happened in the litigatioo, etc. He elA;fl told ComcastBrett was his client, though he didn't name Brett - just called him the head if an NGO who had recentty receilA;d a credible threat on his Hfe.

If the goddamned FBI had their shit together we could use this offer from Neal and do a sting. Ha\e you gi'loe him a fake identity/name and see if it gets back to Brett

Damn.

p

Sent from my iPhone IQIJoted text Iljd{j~ni

9/14

GmaJl - Kimberlin perjury

Patrick Frey rnaiLcom> Wed, Dec 21, 2011 at 12:54 AM To: AarooWOfthing gmail.com> Cc: Uberty Chick gmail.com>

Maybe don't mention Neal in the brief? I talk to the FBI Thursday. Maybe they'd be willing to do a sting...

p

Sent from my iPhone !Ot/oled lext hidden) 1011112 W1at Beth said to hm...

Aaron

P,atriek Frey ~.. gmail.com.> Thu, Jan 5, 2012 at 4: 12 PM To: "A.W." ~gmail.cOO1>

\"'Joutd you be willing to send me a short just-the-.facts-ma'am email summarizing your interactions with Ron and Brett including their threats to sue/file bar complaints/etc. with your real name, suitable for pro\Ading to my supeNsors and possibly law enrorcement?

3-5 pagagraphs at most I don't need anything too extensi\e.

I would ideally like to send yours With Beth's and Ken's all at once, Your experienc.es help put theirs into context

Is that possible?

P

Sent from my iPhone HJU!:Jtcd lext hidden]

A.,W. ~mail.com> Thu, Jan 5,2012 at 417 PM To: Patrick Frey ~maiteom>

wnh the promise that they would keep my confidentiality, yes.

Aaron

"""""""".'-"'-'"""" Patrick Fremail.com> Thu, Jan 5, 2012 at 4: 19 PM To: "A.W," ~rna-iteam>

Ofcollrse.

p

Sent from my iPhone [QuQted le.xl hilidenl Tom sent a message using the contact form at http://www.jtmp.org/jtmp/index.php?q=contact. Don't go there. Report as inappropriate: http://www.jtmp.org/jtmp/index.php?q=mollom/report/mollom_content/ 120524824af8c7a046

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Subject: Walker's sick, twisted obsession with my family is very disturbing and dangerous Date: Wednesday, December 18, 2013 10:13 PM From: Justice Through Music To: Patrick Ostronic , Mark Del Bianco http://allergic2bull.blogspot.com/2013/12/exclusive-my-motion-to-dismiss.html

Also, I will as usual be redacting personal information from it, as well as any information about Brett's eldest daughter. One ofthe more unfortunate facets of this situation is the effect it is having upon his children. Indeed, given that she has only heard her father's side ofit, she probably thinks we are horrible people. She probably doesn't lmow about hO'r\~ her father tried to frame me for a crime ; how he had me arrested for bogus reasons (just like her lllother) and obtained a flagrantly unconstitutional peace order against me ; or how he personally stalked my wife . She probably thinks Dad is an innocent guy who we just picked on for no good reason.

She probably even believes her father when he says that I commented on the article about her successful YouTube video. Little does she know that Dan Collins aka@vermontaigne , has publicly stated he is the author.

For me, one ofthe great underappreciated clauses of our Constitution is in the Treason clause. It says: "but no Attainder ofTreason shall work Corruption of Blood, or Forfeiture except during the Life ofthe Person attainted." The second part ofthat is fairly easy to ~nderstand, but what about the first. What the hell do they mean by the corruption ofthe blood?

Well, the answer is they are saYing you cannot punish the family ofa traitor as though they were traitors, too. It is a talisman ofwhat makes this country great. Fundamentally we don't care who your ancestors were. They could have been kings, they could have been beggars. They could have been heroes and they could have been terrorists. We don't care. Because you arejudged as you.

So not knowing this girl, she enjoys the presumption ofinnocence that belongs to all strangers. Given the way Brett Kimberlin lies about everything, I have no reason to think he is telling her the truth about what is going on and therefore I have no reason to think she approves of what is actually happening here. Ifshe knew the truth she would lmow that her father has been working for years to suppress the truth about his illegal and immoral conduct, and his criminal and immoral conduct, combined with his Page 1 of 2 attempt to silence his critics, has brought all this attention on this family.

But allegedly a few people have harassed her online, on her facebook and the like. There is always concern, ofcourse, that Brett or his allies might be faking a lot of that behavior . But regardless, ifany person draws any negative conclusion about herbased on her father, they are not being charitable enough. They are forgetting that even when we are talking about Benedict Arnold, we do not hold the child responsible for the conduct of the father.

Anyway, I wish there was some way to bring Kimberlin to justice without his elder daughter or any ofhis family being dragged into this. But Brett has made that impossible. Still, I can limit the damage as much as possible, hence why I will be keeping her name off my blog as well as heryounger sister.. Other people feel like what Brett has done makes her name newsworthy, and I will respect that view, but I will not follow their approach.

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