Ecf 302

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 1 of 13
UNITED STATES DISTRICT COURT

DISTRICT OF MARYLAND
BRETT KIMBERLIN,
Civil Action No.: 8:13-CV-03059
(GJH)
Plaintiff,
vs.
PATRICK FREY,
Defendant.
DEFENDANTS CONSOLIDATED REPLY IN SUPPORT OF HIS

MOTION FOR A PROTECTIVE ORDER AND RESPONSE TO PLAINTIFFS
MOTIONS FOR MISCELLANEOUS RELIEF - CONTESTED
Defendant Patrick Frey, through the undersigned counsel, submits this consolidated paper
by way of reply to the Response of Plaintiff to Defendants Motion for a Protective Order, etc.
ECF 298 as well as Plaintiffs Motion for a Court Order Allowing Plaintiff to (1) Receive
Stamped Subpoenas from the Clerk and (2) File Via ECF (ECF 297).
Both issues can be addressed in one submission because the Courts decision should, it is
respectfully submitted, hinge on its evaluation of Plaintiffs lack of good faith not only in the
conduct of this litigation, including discovery, but his decades-long track record set out
exhaustively in earlier pleadings as well as in Plaintiffs Motion for a Protective Order of
abusing the litigation process and utilizing the judicial system as a tool for ends that have nothing
to do with vindication of bona fide legal claims.
In support of this Motion, the undersigned counsel note as follows:
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1.
Plaintiffs Response to Defendants motion (ECF 298) is deficient to the extent it
is considered an application for sanctions because, like it predecessor, it fails to comply with the
technical requirements of Local Rule 104.7, failing as it does to include a certification by
Plaintiff as to the date time and persons present of a discovery conference, or good faith attempts
to get the date, time and place of the discovery conference, and the names of all persons
participating therein, counsels attempts to hold such a conference without success; and an
itemization of the issues sought to be resolved in that discovery conference which indeed did
not occur requiring resolution by the Court.
2.
In fact, on July 29, 2015, Plaintiff explicitly refused to participate in a meet and
confer to address his threatened renewal of his sanctions motion, breaking off discussions when
counsel for Plaintiff wrote, in an exchange as follows (excerpted but available to this Honorable
Courts inspection if desired):
If for any reason you consider the discovery served today inadequate, you may
instead of proceeding with our planned 2 PM meet and confer wish to formulate
specific objections and responses based on what you consider to be deficiencies
(with reference to the Federal Rules of Civil Procedure and applicable case law),
and give us the opportunity to respond within a reasonable amount of time.
By doing so, even if we do not resolve the issues through written correspondence
and you conclude that a motion is still necessary, the meet and confer would be
substantive. In other words, it will give us a final opportunity to resolve the
outstanding issues so that you may avoid troubling the court and, ideally, get what
you are entitled to faster. This, of course, is what is contemplated by the Local
Rules, which did not intend the meet and confer requirement to be treated as a pro
forma exercise, i.e., a hoop which a party determined to make a motion must jump
through before filing it.
Let me know. If you nonetheless wish to proceed with the 2 PM meet and confer,
I will be waiting for your call.
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3.
Rather than specifying the deficiencies or even declining to do so and going
forward with the telephone meet and confer scheduled for that day, Plaintiff instead responded as
follows:
I will construe your email as our "confer and meet" under the rules. There is no
reason to talk by phone. You are playing games. This is worse than bad faith.
You are basically giving me the finger. I am going to seek sanctions and a motion
to compel.
After some delay Plaintiff nonetheless made good his threat to file his motion after Defendant
filed his request for a protective order.
4.
Substantively, while fault can be an amorphous concept in disputes involving
pretrial disputes, a court should not ignore the conduct by all parties, and sanctions should not be
imposed without consideration of all circumstances and parties or counsels good faith. MillRun Tours, Inc. v. Khashoggi, 124 F.R.D. 547 (S.D.N.Y. 1989). Here there is no basis for
sanctions of any kind, based on the facts and law at least not against Defendants, though
arguably Plaintiff should be sanctioned for repeatedly making meritless motions for sanctions
and imposing thousands of dollars in legal fees to oppose them without even waving at
compliance with Local Rule 104.7.
5.
Plaintiff sets out a narrative of supposed non-compliance by Defendant with
discovery demands, characterizing them as boilerplate non-responses a phrase which is itself

mere boilerplate lifted from Plaintiffs ample personal library of litigation documents, but
completely inaccurate. Plaintiff cites neither the Rules of Civil Procedure or applicable legal
precedent to establish the standard he claims Defendant failed to meet in responding to Plaintiffs
discovery demands, including the interrogatories served by Plaintiff, which were answered in
detail. Nor does Plaintiff deign to provide specific examples of how Defendants interrogatory
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responses are insufficient either with reference to the appropriate legal standard or in any way at
all, except to the extent they abide the entry of a protective order, discussed below.
6.
Plaintiff also complains that Defendant did not show up for a scheduled
deposition set for July 3, 2015. This supposed non-compliance, however, has already been
explained to the Court and was deemed not to be grounds for sanctions in the Courts July 27,
2015 letter order (ECF 294). Plaintiff never re-noticed the deposition for another date, nor did he
agree to a protective order to as requested by Defendant, as discussed further below.
7.
Similarly, regarding documents, Defendant explained to Mr. Kimberlin numerous
times prior to the service of Defendants responses that documents would be produced under the
umbrella of a protective order. Plaintiff refused.
8.
In refusing to agree to a protective order, Plaintiff provides no justification. It
should be noted, before addressing what Plaintiff would have the Court believe is meant as
argument on this point, that at no time did Plaintiff so much as suggest a counter-proposal such
that any specific terms Plaintiff finds onerous or otherwise unacceptable could be discussed,
considered and, if not amenable to compromise, placed before the Court for resolution.
9.
The closest Plaintiff comes to addressing these issues is by a series of non-
sequiturs, starting with a cartoon authored by a third party that merely quotes allegations from
the Amended Complaint and Defendants answers to them, which Plaintiff bizarrely states
demonstrate how [Defendant] would respond to Plaintiffs discovery requests. This
illustration is of no relevance whatsoever to the relief sought by either party, there being no
relation whatsoever between answers to a pleading and responses to discovery.
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10.
Paragraph of Plaintiffs submission then addresses his rejection of Mr. Freys
settlement overtures, which is also of no relevance to this application.

11.
Next, in paragraph 8, Plaintiff argues that no protective order is necessary for two
reasons. The first cited reason is that Defendant regularly appears in court, which has little to
do with the motion for a protective order except perhaps with respect to the narrow topic of
Defendants concern about the use of photographs of Defendant that are likely to be uploaded
onto the Internet or distributed if a video deposition is permitted. Photographs are not, however,
permitted in the courtrooms where Plaintiff tries gang cases.
12.
Plaintiff then states that Defendant is not entitled to protection from
abuse of his likeness because his photo is readily available on the Internet. As
proof of this, Plaintiff cites Exhibit A
(http://web.archive.org/web/20150820140442/http://www.breitbartunmasked.com
/2015/08/19/why-is-intermarkets-protecting-ace-of-spades/, last accessed August 20, 2015) to his
submission, a grainy photograph of four men in dark light, of whom one, sitting in shadow and
barely focused, is identified as Defendant. The relevant detail of that photograph is reproduced
at right.
13.
It should be obvious to the Court that this photograph, which is undated, is of very
poor quality. It is indeed regrettable to Defendant that it is on the Internet, considering the
danger posed to him by publication of even a smudged approximation of his likeness. But it is
hardly a cogent argument to say that the posting of a single grainy, dark, old photo of a person
whose work in public service places him personal safety at risk justifies the uploading of fresh
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high-definition video or any other photos when there is no litigation value to Plaintiff
whatsoever in making such public use of deposition media.
14.
Notably Plaintiff does not deny that it is, in fact, his intent to do just that i.e., to
use discovery in this case as fuel for his Internet campaign of revenge against those who do not
bow to his will, as settling Defendants in this action have done, concerning what shall and shall
not be said about Plaintiff on the Internet.
15.
This would explain Mr. Kimberlins nonsensical insertion in Paragraph 8, after
his cavalier dismissal of Defendants safety concerns, of a sentence reading, Defendant

publishes a public blog and constantly uses that blog to attack those with whom he does not
agree. While this may appear to be a non-sequitur being irrelevant, it seems, to the issue of a
protective order, and describing entirely legal, indeed constitutionally privileged, conduct to
Plaintiff it is not a non-sequitur at all but in fact the basis of his motivation in making this
motion.
16.
In fact, Plaintiff has already used the Internet to abuse the privileges afforded a
litigant under the Federal Rules of Civil Procedure, as if he were following a script written by
Defendant. Demonstrating his utter lack of acceptance regarding what does and does not
constitute a legitimate use of discovery, as well as how litigants are supposed to conduct
themselves, and not conduct themselves, in public while involved in litigation, Mr. Kimberlin
on August 19, 2015, even as this motion was pending handed off Defendants discovery
responses to provide raw meat to a blog i.e., a public blog . . . constantly use[d] . . . to attack
those with whom he does not agree called Breitbart Unmasked, which reprinted portions of
the responses interspersed with commentary and misstatements of fact.
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17.
That Breitbart Unmasked is permitted to report on, even where not defamatory to
lie about, Brett Kimberlin and his litigation avocation is not questioned by Defendant,
notwithstanding his recruitment of this Court to prevent Defendant from honest commentary of
his own about Plaintiff. But that Plaintiff views, and uses, discovery in contrast, for example,
to publicly-filed material found on ECF as a tool to generate online calumny and to inflame a
situation that has already resulted in so much waste and anguish is utterly unacceptable.
18.
It is also abusive of the litigation process, especially as concerns Defendants
likeness. There is, in fact, no bona fide need for Plaintiff to take Defendants deposition on
video, and given his demonstrated attitude toward civil discovery that it is meant to supply
online partisans with grist for their vicious, ever-grinding mills there is ample good cause for
this Court to issue the requested protective order and to bar video testimony as well as any public
dissemination of discovery materials until such time as they may become part of the record for
legitimate litigation purposes.
19.
The use of videotape of a deposition may be properly restricted from abuse, and
should be so restricted here, for Plaintiff not only refuses to agree to any restriction at all but has
already shown that he intends no self-government at all. Thus, for example, in In re Daniels, 69
F.R.D. 579; 1975 U.S. Dist. LEXIS 14606; 21 Fed. R. Serv. 2d (Callaghan) 774 (D. Neb. 2011),
the court entered an order, such as the one sought by Defendant here, that All parties and
persons having access to the original [videotape of depositions] and any copies thereof . . . from
exhibiting or showing the tape to anyone other than attorneys and others directly involved in the
preparation and trial of this case, and after the trials are concluded, no other use shall be made of
such tape. In Re Daniels is a judicial acknowledgment of the potential for mischief implicated
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by videotaped depositions as well as a reasonable approach to preventing abuse. Plaintiff,

however, has consistently refused without explanation to agree to such limits or to
compromise in any way with respect to Defendants legitimate privacy and safety concerns.
20.
Indeed, in Burgess v. Town of Wallingford, 2012 U.S. Dist. LEXIS 135781 (D.
Conn. 2012), the court noted that At the present stage of the proceedings, the parties are
engaged in discovery. This process has, however, been plagued throughout by heated disputes
over Plaintiff's attempts to make audio recordings of deposition testimony and his publication
thereafter of deposition transcripts on the Internet Id., at *2. In light of this background, as
well as the objection, inter alia, that Plaintiff was likely to make inappropriate use of the
recording thereafter, the Court sustained Defendants' objection [and] directed that no taped
recording be made of the deposition, and that the initial portion that had been recorded not be
published or promulgated by the [P]laintiff in any fashion." Id. at *3. The court continued as
follows:
Nowhere in the Federal Rules, however, is misuse of said deposition recordings
deemed permissible. Most importantly, a Court, in its discretion, may "for good
cause" limit discovery or the disclosure thereof for purposes of protecting a party or
person from annoyance, embarrassment, oppression, or undue burden or expense."
Fed. R. Civ. 26 (c). . . .
Given the lack of trust regarding potential misuse of tapes, the heated debates, and
the pervasive hostility existing between the parties at depositions in this action, the
Court finds "good cause" under Rule 26(c) to impose a ban on publication or
dissemination of audio recordings . . .
Id. at *8-9. These words aptly describe the situation before the Court and, it is submitted, the
direction that is appropriate for management of discovery and minimization of trial by Internet
as well as the inevitable skein of subsidiary motion and sanction practice certain to be spawned
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absent the entry of a protective order none of which will prejudice Plaintiffs legitimate
litigation goals in the slightest.
21.
It should go without saying, in light of these considerations and given the record
of litigation abuse that is uniquely Brett Kimberlins, that Plaintiffs motion to be afforded the
privilege to issue subpoenas as if he were an attorney (ECF 297) should be denied as well. It is
axiomatic that because the power of attorneys to issue subpoenas is based on their status as an
officer of the court, pro se litigants must request issuance of a subpoena from the Clerk of
Court. Wright et al., 9A Fed. Prac. & Proc. Civ. 2453 (3d ed.) (emphasis added). Under Fed.
R. Civ. P. 45(a)(2) and (3), A pro se litigant who is not a licensed attorney with the appropriate
federal district court has no power to issue subpoenas United States v. Meredith, 182 F.3d 934
(Table), at *1 (10th Cir. 1999).
22.
Plaintiffs lament that The current system for issuing subpoenas in this case is
not working does not empower this Court to empower a non-attorney, or even an attorney not
admitted in this District, to take on the unique power of issuing subpoenas. It should be recalled
that subpoenas are not technically issued by attorneys but, rather, in the name of the Court
through its officers members of the Courts bar.
23.
This privilege and the trust on which it is based are justified by years of training,
by virtue of professional licensure and upon pain of discipline or even disbarment if it is abused.
Unsurprisingly, Plaintiff cites no authority for the proposition that the Court even has the power
to grant Plaintiffs request.
24.
The legal and policy arguments for rejecting Plaintiffs request would be
compelling enough even with respect to the most earnest, meticulous, courteous, respectful and
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reluctant lay litigant. Regarding Brett Kimberlin, however, they are not just compelling they
are acute in the extreme, raising a positively terrifying specter of inmates running the asylum
in no less than the United States District Court for the District of Maryland.
25.
Indeed, the Court need not even address the question of whether a convicted
violent felon and adjudicated abuser of litigation should be given the power to issue process,
unsupervised, in the name of the United States District Court under any circumstances. It is
enough to observe that Plaintiffs record of serially meritless pleadings, frank
misrepresentation to the tribunal, forgery, non-compliance with basic procedure, and zeal for
abuse of process in this case alone is reason enough to deny his request. Plaintiff should not,
as a reward for the violence he has already wrought on this Courts dignity, be elevated to the
level of a member of this Courts bar and be granted the use of tools as potentially destructive,
intrusive and it should not be forgotten rife with complex procedural and technical
requirements as subpoena privileges.
26.
The same goes for Plaintiffs motion to be permitted to file papers via ECF and
thereby to immediately and, without review of any official of the Court, to publish, worldwide,
whatever papers or other materials he deems appropriate in a litigation matter brought entirely
for the purpose, as he has admitted repeatedly, of harassment.
27.
The undersigned counsel enclose two additional exhibits that should be useful for
this Honorable Courts analysis of the merits of a protective order to prevent abuses:
a.
Exhibit B - a factual declaration by Defendant Patrick Frey regarding inter alia

the safety concerns that he and his family continue to bear regarding this entire
matter
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b.
Exhibit B-1 - a copy of the blog post of Pattericos Pontification by Defendant

Patrick Frey (http://patterico.com/2013/03/11/brett-kimberlins-stalkerishbehavior-towards-aaron-walker-and-his-wife/, last accessed August 26, 2015)
discussing in March 2013 the confrontation by Plaintiff Mr. Kimberlin against
former co-Defendant in this proceeding Aaron Walker, Esq., in the Montgomery
County, Maryland, Circuit Court.
WHEREFORE Defendant Patrick Frey respectfully requests that this Honorable Court
enter an order reflecting the substance of the model Confidentiality Order provides in the Local
Rules of this Honorable Court, denying Plaintiffs motion for sanction and denying Plaintiffs
motion for to be granted, despite not being admitted to any bar, much less the bar of this Court,
his request for ECF and subpoena privileges.
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Respectfully submitted,
____________________________
T. Bruce Godfrey #24596
Jezic & Moyse LLC
2730 University Blvd. West, #604
Silver Spring, MD 20902
240-292-7200
facsimile: (888) 241-3135
godfrey@jezicfirm.com
ARCHER & GREINER
A Professional Corporation
_____________________________
Ronald D. Coleman (Pro Hac Vice)
21 Main Street, Suite 353
Hackensack, NJ 07601
201- 342-6000
rcoleman@archerlaw.com
Dated: August 31, 2015
Attorneys for Defendant Patrick Frey
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CERTIFICATE OF ELECTRONIC FILING AND REGARDING WAIVER OF

MAILINGS
I, T. Bruce Godfrey, hereby certify that I have filed a copy of this document with the
United States District Court electronically and by so doing have provided compliant notice to
those parties who are registered with ECF through counsel as of this filing consistently with
Local Rule 102.1(c) on August 31, 2015. All parties, including pro se parties, have agreed to
accept service by electronic mail only and an electronic copy has been distributed to all parties.
/s/
_________________________________
T. Bruce Godfrey #24596
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8/20/2015
WhyIsIntermarketsProtecting'AceOfSpades'?
Casehttp://www.breitbartunmasked.com/2015/08/19/whyisintermarketsprotectingaceofspades/
8:13-cv-03059-GJH Document 302-1 Go Filed 08/31/15
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BY MATT OSBORNE ON AUGUST 19, 2015
The right wing blogwar against Brett Kimberlin has createdsomestrange cul-de-sacs of
LATEST NEWS
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research before. For instance, there was the bizarre backstory to professional bigot and
hypocrite Lynn Thomas; the Maryland court shenanigans and alleged teen-stalking habits of
borderline-sovereign citizenWilliam Hoge are endlessly-entertaining; and there is always the occasional
Glenn Beck hanger-onor national laboratorycontractor to make things really interesting in the goofiest
possible ways. But all of them are nothing compared to the smoke, chaff, and flares that Intermarkets.net, a
web advertising firm which claims one billion monthly page views and specializes in political campaign
advertising, has consistently pumped out in an effort to conceal the identity of the blogger known as Ace of
Spades (see above). WhereasWordpress and Blogspot both blog hosting services have answered
lawsuitsbefore when litigants wantedto unmask pseudonymous users, imagine Google Ads trying to
maintain the cloak of anonymity around a blogger whose site simply features their commercial messages in
your browser. Its a very unusual litigation arrangement as unusual as the unicorn that is Ace of Spades.
This strange little subplot to the blogwar narrative has been going on for at least two yearsnow, butit may
finally be over soon.Pursuing his color of law case against blogging Los Angeles Assistant District Attorney
John Patrick Frey, in June Kimberlin issued a subpoena to Intermarkets for documents related to the Ace of
Spades blog, Ace himself, and his billing party. Havingalreadytriedand failed to quash the subpoena once
15 Teeny Tiny Changes to Lose Weight Faster
now, the Intermarkets legal team is asking federal judge George Jarrod Hazel to reconsider his decision
because the subpoena requires the disclosure of privileged or other protected matter' and confidential
information. But courts will only privilege information if the party who wantsto protectit describes the
nature of the documents, testimony, sprockets, orwhatever else is being withheld so that allparties can
assess the claim. Even in their latest filing, Intermarkets has provided no specific information about what it
http://web.archive.org/web/20150820140442/http://www.breitbartunmasked.com/2015/08/19/whyisintermarketsprotectingaceofspades/
1/6
8/20/2015
Case 8:13-cv-03059-GJH Document 302-1 Filed 08/31/15 Page 2 of 6

is that they want to withhold other than the real name of Ace of Spades and no legitimate explanation
ofthe specific harm such a disclosure would bring, other than Aces name becoming known.
Buyer Unknown: Energy Hook Early Access
Now, there are some possible scenarios in which Ace might legitimately want to keep his name a secret. For
instance, he may have a day job at a government contracting agency of some sort; the possibilities are as
mundane as, say, a hydrological engineering firm, or as prosaic as a Blackwater-style mercenary outfit. Who
knows? The point is that if his life or profession would be in genuine danger upon disclosure, Ace still has
tosay what that problem is. And in hisdecision to deny Intermarkets.nets motion, Judge Hazel even
signaled awillingness to entertain a narrowerandmore tailored protective order,but only if it is filed
jointly by Intermarkets and Kimberlin essentially, Judge Hazel was willing to let the parties sign a
nondisclosure agreement. Despite Kimberlins efforts to discuss such an arrangement as suggested by the
judge himself, the attorneysforIntermarkets have dragged their feet and asked the judge to please just
change his mind, pretty please?
Graphic Novels: Preparing for a Mulitmodal and

Multiliterate World
There are a number of reasons why this is all very weird, but lets start with the biggest one.
Face of Ace: the man of mystery has appeared on television

Adecade ago, the American Conservative Uniongave credentials to a handful of bloggers so they could
cover the Conservative Political Action Conference, or CPAC. As reported by JamesJoyner at
OutsidetheBeltway.com, acertain Mr. Steve McCutcheon was listed as Ace of Spades HQ, seemingly giving
awaythe identity of aperson who has since appeared as a CPAC speaker and a pundit on Fox
Are You Smart Enough To Be A US Marine?
News.ButAce thenthrewoff pursuitby indicating that the name belonged to a deceased person, after all
as if he were versed in clandestine spycraft. (And again, that may actually be the case for all we know.)
For now, Ace remains a face with no name, butthat bubble of mystique is poised on a legal pinnacle right
now, ready to pop.
Gender Stereotypes Affect Long-Term Memory
Mr. Ace of Spades being anonymous on television
Contraryto theIntermarkets.netguidelines for new publishers, www.ace.mu.nu is an offshore domain.
The Arab League's Role in the Syrian Civil War
Moreover,Intermarkets.nets stubborn defenseof Aces anonymity seems to run contrary to their privacy
policy, which promisescooperation with private parties to enforce and comply with the law. In hislatest
filing, Intermarkets.net attorney Stephen Fowler (of the Reed Smith law firm) tells Judge Hazel that
pseudonymous usersmight be too scared to use thecompanysservices ever again if they are forced to
reveal Aces identity. ButAce is the only pseudonymous personality in the entire Intermarkets portfolio,nor
are there likely to be many suchapplicants given that interested site ownersmust have a minimum of three
million unique monthly visitors, and must actually pay heftyfees toIntermarkets.net before they canreceive
a share ofadvertising revenue(!). Intermarkets is as unique as Ace.
Humanity and Its Place in Nature: Rethinking the
Reality of...
2/6
8/20/2015
Case 8:13-cv-03059-GJH Document 302-1 Filed 08/31/15

Page 3 of 6
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Ace has been seen by the public enough that hesalso been a cartoon
With Fake Cartel
Perhaps unsurprisingly, the Intermarkets portfolio is alsoan entirely libertarian-conservative, oligarch-
AUGUST 14, 2015
friendly, right wing affair. For instance, CEO Kevin Lucido appears to havelongstanding ties with Dan
Thursday THREATCON 13 August
Backer, the Washington, DC attorney behind the for-profit TheTeaParty.net website. Through litigation,
2015
Backer also created so-called super PACs, and later instigatedthe McCutcheon v FEC Supreme Court decision
which effectively raisedcampaign donation limits higher than the median American household income. In
other words, Lucidos friend Backer is the free speech zealot that only billionaires can love and yes, the
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eponymous coal baron Shaun McCutcheon, who sued the Federal Elections Commission with Backers help
to win the decisionthat will bear his name into infamy, does indeed resemble the one-time Steve
McCutcheon AKA Ace of Spades just a wee little bit, facially-speaking. But who knows if that means
Enter your email address:
anything? So Im just going to leave this here and move right along:
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Breitbart Unmasked
8/19/2015
The right wing blogwar against Brett Kimberlin has
createdsomestrange cul-de-sacs of research before.
For instance, there was the bizarre backstory
Witch Hunt: The Rights Deranged War On Planned
Parenthood
8/18/2015
Friends? Relatives? Clones? Complete strangers? You be the judge!
This would all be weird enough without the researchBU has done on Ace of Spadesin the past. In fact, he
was the subject of one of our very first stories, which surprisingly found a she instead of a he. Thats right:
aceofspadeshq.com, which redirects to ace.mu.nu, was registered by a woman named Michelle Kerr, an
expert in online communities and privacy as well as most other topics, apparently, because her
loudmouth know-it-all performances annoyed Kerrsclassmates at Stanfords Teacher Education Program
so much that they refused to sit next to her anymore. Perhaps Kerrs sense of entitlement arises from her
It is abundantly clear by now that the Republican

attacks on Planned Parenthood have nothing to do
withenforcing the laws
Mike Huckabee Forgives Molesters, Would Force
Birth On Victims
8/17/2015
Remember how culture warrior and quadrennial
3/6
8/20/2015

Page
4 ofaspirant
6 Mike Huckabee
Republican
presidential
relationship to cousin Bill Lerach, the disgraced class action lawyer who made a fortune on shareholder
lawsuits before serving time in prison for illegal plaintiff kickbacks. Her relationship to the barely-bearded
manspeaking in public as Ace of Spades is unclear. Maybe she is just the electronic maid who keeps Aces
defended his friends, the Duggar family, after it

turned
intertubes clean? Again: who knows?

But we do know this much for certain: Brett Kimberlin is ready to proceedwith discovery in this matter,
BREITBART UNMASKED ON FACEBOOK
while Intermarkets.net surely is not. And given the fact that Judge Hazel shaped the case this way when he
left John Patrick Frey, AKA Patterico, on the legal hook, hizonner is hardly receptive to please, pretty please
as an incentive to overrule himself. One way or another, answers to this weird little mystery are coming,
because over the weekend, Aces brand-new counsel Mark Bailendecided to take up the defense of Ace in
two different courts. (Bailen is also counsel to Erick Erickson and Breitbart News in Kimberlins litigation.)
We know not the day or the hour, but Aces name is coming out
Frey has openly bragged that he has known theperson (or persons?) behind the Ace of Spades persona for
BreitbartUnmasked
Bethefirstofyour
3,818likes
friendstolikethis
years. Ace was one of the foremost water-carriers of the investigation that Frey conducted into his own
alleged SWATing mainly by way of his blog, but also within the Dallas FBI office, where he lobbied to have
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Kimberlin pursued for answers. More than three years after the fact, it may be hard to remember how
things were at the time,but actual Republican Congressmen were calling for actual committee
investigations. Writing without atraceof irony, Ace argued thatthefederal legislatureshouldskip
procedures and pass a bill of attainder against Kimberlin forthwith, in clear violation of the United States
Constitution, over a conspiracy theory that his friend Frey instigated and propagated.
TWITTER
Tweets
Frey even made sure his pals at the FBI knew all about Ace and his blog, too
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Matt Osborne @OsborneInk

21h
Ace Of Spades? ift.tt/1TVy6OR
Retweeted by BreitbartUnmasked
Having crucified Kimberlin in public for allegedly causing police to be dispatched to his home under false
Show Summary
pretenses, now that he faces an actual judge Frey wants to conduct a secret trial and have the evidence
back at the conclusion of the case so that the public he supposedly serves never gets to see it. I dont know
whether to praise Freys attorney Ron Coleman for gumption, or damn him for dissonance: theiranswers to
Kimberlins interrogatories all say no records available, or object to the request being overly-broad, but
the simultaneous protective order motion asking the judge to seal documents claims the files to be
transferred are so tremendously huge as to justifythe broadest possible protective order. Which thing is
true: that there are no files, or that they are huge? What do Coleman and Frey think the judge will make of
this juxtaposition, other than to conclude they are lying liars who lie, and so is Ace?

21h
@ScottYeager2 16 months since
my last cigarette and I no longer
wake up coughing. Clear breathing
is so very addictive
Retweeted by BreitbartUnmasked
Expand
BreitbartUnmasked
Despite theearnest efforts of multiple lawyers to pretend otherwise, Aces fortunes in this litigation are

Ace Of Spades? ift.tt/1TVy6OR
#p2 #tlot #dems #topprog
inextricably tied to Frey, who is a sinking ship.There is not much more thatIntermarkets.net or Stephen
Show Summary
Fowler can do to protect Aces identity, and Judge Hazel has zero incentive to throw any more lifelines his
way. While we cant say exactly when an order will emerge, or even how long Intermarkets.net will take in
responding to it, this is definitely the endgame for Aces anonymity. It will be interesting to see how many
mysteries get solved in the process.
21h
@BreitbartUnmask

18 Aug
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Patterico's Pontifications Brett Kimberlins Stalkerish Behavior Towards Aaron Walker and His Wife
3/11/2013
Filed under: Brett Kimberlin,General,Neal Rauhauser Patterico @ 6:52 pm Edit This

Several days ago, the Web site Breitbart Unmasked published pictures of Aaron Walker and his wife
taken outside a Maryland courthouse. I have blurred out the faces from the photographs, but want to
otherwise reproduce them here for you:
http://patterico.com/2013/03/11/brett-kimberlins-stalkerish-behavior-towards-aaron-walker-and-his-wife/
1/25
8/26/2015
2/25
8/26/2015
The site attributed the grainy, stalkerish photos to a witness that the site refused to name.
Today, Aaron Walker names the witness: Brett Kimberlin.
In a post that describes an apparent escalation of Kimberlins obsessive behavior towards Aaron and his
wife, Aaron describes how Kimberlin has shown up twice at a courthouse at times when Aaron was there.
The first time, Aaron says, Kimberlin took pictures or video footage of Aarons wife while she was
waiting in the car outside the courthouse. Aaron had seen Kimberlin inside the courthouse and asked his
wife to wait in the car, where he thought she would be safer. But Kimberlin slipped outside without Aaron
noticing. According to Aarons post, Kimberlin parked his car behind Aarons, circled the car, saw Aarons
wife, pulled his car around to face her, and took footage or pictures of her as she sat inside the car. Aaron
says Kimberlin smiled as he did this, which is extraordinarily creepy.
Aaron and his wife reported the incident to police, and Kimberlin photographed them as they did so (see the
second picture). Aarons wife was reportedly in tears for much of the rest of the day.
On another day when Aaron had a scheduled hearing, Aaron says, John Hoge of Hogewash saw Kimberlin
3/25
8/26/2015
Caselot
8:13-cv-03059-GJH
Document
302-3 looking
Filed 08/31/15
Page
of 4 (A car with
circling the parking
on two different occasions,
presumably
for Aarons
car4again.
Virginia plates stands out in a Maryland parking lot.)
That Kimberlin was the mystery witness described by the Breitbart Unmasked web site should come as
no surprise to anyone who has been paying attention. Breitbart Unmasked is a site devoted to dishonest
character assassination, and its targets have one thing in common: they have been critics of Brett
Kimberlin. The site has published scoops on court appearances involving Kimberlin minutes after those
appearances have ended.
What is surprising is that the site would actually bother to document Kimberlins stalkerish behavior. Its as
if they are proud to publish these photos, which send a chill down the spines of normal people.
This news comes on the heels of reports that Kimberlin and his associate Neal Rauhauser have made calls
to the establishment hosting the BlogBash party, which Aaron plans to attend, threatening the establishment
with protests by Muslims due to Aarons involvement with the Everyone Draw Mohammed web site,
which Aaron and others created to stand up to Islamic extremists who would kill those who dared to depict
Mohammed.
Given Kimberlins well-documented history, the pictures shown above and the behavior described in
Aarons post cause me concern. I encourage Aaron and John Hoge to stay safe.
MORE from Stacy McCain and John Hoge (here and here).
Comments (60)
0
1. Im at something of a loss for words and I heard about this from both Aaron and his wife the day
it happened. Something about writing it out and publishing the pictures just takes the words away
from me.
Patterico (9c670f) 3/11/2013 @ 6:55 pm(Edit)
2. The Kimberlin Crime Family has a certain animal level of cunning, of the kind you associate with
low level grifters and conmen, but they are not too bright really. They keep working themselves up to
criminal convictions.
Which is where they belong imprisoned.
SPQR (768505) 3/11/2013 @ 7:00 pm(Edit)
3. Prayers, AW
JD (b63a52) 3/11/2013 @ 7:08 pm(Edit)
4. Aaron I have a fuly furnished guest cabin available anytime, very private, very secure you know
how to contact me. Im just a few hours away
EPWJ (590d06) 3/11/2013 @ 7:13 pm(Edit)
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Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 1 of 13

UNITED STATES DISTRICT COURT

DEFENDANTS CONSOLIDATED REPLY IN SUPPORT OF HIS

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 2 of 13

Plaintiffs Response to Defendants motion (ECF 298) is deficient to the extent it

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 3 of 13

Rather than specifying the deficiencies or even declining to do so and going

Substantively, while fault can be an amorphous concept in disputes involving

Plaintiff sets out a narrative of supposed non-compliance by Defendant with

discovery demands, characterizing them as boilerplate non-responses a phrase which is itself

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 4 of 13

Similarly, regarding documents, Defendant explained to Mr. Kimberlin numerous

In refusing to agree to a protective order, Plaintiff provides no justification. It

The closest Plaintiff comes to addressing these issues is by a series of non-

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 5 of 13

Paragraph of Plaintiffs submission then addresses his rejection of Mr. Freys

settlement overtures, which is also of no relevance to this application.

Plaintiff then states that Defendant is not entitled to protection from

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 6 of 13

This would explain Mr. Kimberlins nonsensical insertion in Paragraph 8, after

his cavalier dismissal of Defendants safety concerns, of a sentence reading, Defendant

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 7 of 13

It is also abusive of the litigation process, especially as concerns Defendants

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 8 of 13

by videotaped depositions as well as a reasonable approach to preventing abuse. Plaintiff,

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 9 of 13

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 10 of 13

Exhibit B - a factual declaration by Defendant Patrick Frey regarding inter alia

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 11 of 13

Exhibit B-1 - a copy of the blog post of Pattericos Pontification by Defendant

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 12 of 13

Attorneys for Defendant Patrick Frey

Case 8:13-cv-03059-GJH Document 302 Filed 08/31/15 Page 13 of 13

CERTIFICATE OF ELECTRONIC FILING AND REGARDING WAIVER OF

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