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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND


Greenbelt Division

)
AARON WALKER )
PlaintiII, )
) Civil Case No. JFM-12-1852
v. )
)
BRETT KIMBERLIN, )
8100 Beech Tree Road )
Bethesda, MD 20817 )
Montgomery County )
)
JUSTICE THROUGH MUSIC, )
c/o Mr. JeIIrey Cohen, Esq. )
Millen, White, Zelano & Branigan )
2200 Clarendon Blvd., Suite 1400 )
Arlington, VA 22201 )
)
VELVET REVOLUTION, )
c/o Mr. JeIIrey Cohen, Esq. )
Millen, White, Zelano & Branigan )
2200 Clarendon Blvd., Suite 1400 )
Arlington, VA 22201 )
)
JOHN DOE 1 )
Proprietors oI Breitbartunmasked.com )
)
DeIendants. )
)

RESPONSE TO DEFENDANT KIMBERLINS MOTION AND MEMORANDUM IN SUPPORT
OF RULE 11 SANCTIONS AGAINST PLAINTIFFS ATTORNEY DAN BACKER

Dan Backer, Esq.*
209 Pennsylvania Avenue SE, Suite 2109
Washington, DC 20003
(202) 210-5431
Danbacker.esqgmail.com

Attorney Ior PlaintiIIs
*Admitted Pro Hac Vice on September 10, 2012
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 1 of 25
Redacted
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TABLE OF CONTENTS


PRELIMINARY STATEMENT 1

LEGAL STANDARD 3

ARGUMENT 5

I. Rule 11 Sanctions are Meritless and Warrant the Award of Attorneys Fees
because Counsel Fully Investigated the Claims before Filing the Complaint;
Defendant Kimberlin is Attempting to Test the Sufficiency of the Claims
and Trying to Intimidate Counsel from Pursuing this Suit 5

II. Counsel Performed a Thorough Investigation, Deriving Evidence
Through Multiple and Varied Sources Before Filing The Complaint 8

III. Defendant Kimberlins Federalism Concern is a Straw Man Argument 13

IV. Defendant Kimberlins Claims of Harassment are His Usual Tactic to
Distract from His Own Bad Acts 15

A NOTE ON ETHICS 16

CONCLUSION 20

Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 2 of 25
iii

TABLE OF AUTHORITIES

Cases Page(s)
Attorney Grievance Commn of Maryland v. Patterson,
28 A.3d 1196 (Md. 2011) 18

Brubaker v. City of Richmond,
943 F.2d 1363 (4th Cir. 1991) 4

Dome Patent L.P. v Permeable Techs., Inc.,
190 FRD 88 (W.D.N.Y. 1999) 7

Fiberglass Insulators, Inc. v. Dupuy,
856 F.2d 652 (4th Cir. 1988) 19

Hunter v. Earthgrains Co. Bakery,
281 F.3d 144 (2002) 4

In re Kunstler,
914 F.2d 505 (4th Cir. 1990) 5

In re Franklin Nat'l Bank,
92 F.R.D. 468 (E.D.N.Y. 1981) 19

In re Sargent,
136 F.3d 349 (4th Cir. 1998) 4

Goodyear Tire & Rubber Co. v. Chiles Power Supply, Inc.,
332 F.3d 976 (6th Cir. 2003) 19

Kraemer v. Grant County,
892 F.2d 686 (7th Cir. 1990) 5

La Vay Corp. v. Dominion Federal Sav. & Loan Asso.,
830 F.2d 522 (4th Cir. 1987) 3, 5

Lucas v. Duncan,
574 F.3d 772 (D.C. Cir. 2009) 7

Martindell v. Intl Tel & Tel. Corp.,
59 F.2d 291 (2d Cir. 1979) 18

Morris v. Wachovia Sec., Inc.,
448 F.3d 268 (4th Cir. 2006) 4
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 3 of 25
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Palmieri v. New York,
779 F.2d 861 (2d Cir. 1985) 19

Codes, Regulations and Rules

ABA Model R. ProI`l Conduct 1.3 Comment 1 19

ABA Model R. ProI`l Conduct 4.4 Comment 1 18

Md. Lawyer`s R. ProI`l Conduct 1.3 18

Md. Lawyer`s R. ProI`l Conduct 1.13(d) 19

Md. Lawyer`s R. ProI`l Conduct 4.4(a) 18

Md. Lawyer`s R. ProI`l Conduct 4.4(b) 18

Fed. R. Civ. P. 11(b) 6

Fed. R. Evid. 408 19

Sarbanes-Oxley Act, 15 U.S.C.A 7245 (2002) 19

Va. R. ProI`l Conduct 1.3 18

Va. R. ProI`l Conduct 4.4 Comm. Commentary 18

U.S. Dist. Ct. Md. Loc. R. 105.8(a) 6


Other Authorities

5A CHARLES ALAN WRIGHT & ARTHUR R. MILLER,
FEDERAL PRACTICE AND PROCEDURE 1336.3 17

Fed. R. Civ. P. Rule 11 Advisory Committee`s Note 4, 6

Kimberlin v. Walker Hr`g Tr., July 5, 2012,
available at http://www.scribd.com/doc/102362407/Kimberlin-v-Walker-
Hearing-7-5-12-OCR 70 15

MARK SINGER, CITIZEN K,
THE DEEPLY WEIRD AMERICAN JOURNEY OF BRETT KIMBERLIN (1996) passim
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COMES NOW, PlaintiII`s attorney Dan Backer ('Counsel) and responds to DeIendant
Kimberlin`s Motion and Memorandum in Support oI Rule 11 Sanctions ('Motion). In support oI his
response Counsel states the Iollowing:

Preliminary Statement

DeIendant Kimberlin has Iiled a Iacially deIective, legally unsupportable, and wholly improper
Rule 11 Sanctions motion in an eIIort to do the very thing that this lawsuit accuses him oI: abusing legal
process to interIere with the rights including those oI Iree speech oI others and to harass all those
with whom we quarrels. The Motion which was sent as a threat to Counsel (one oI numerous such
threats Irom the outset oI Counsel`s interaction with DeIendant Kimberlin) is exactly the type oI
unlawIul and improper abuse oI process that Rule 11 is intended to avoid.
It seems a sense oI irony is not one oI Mr. Kimberlin`s strengths. In response to a Complaint
about his abuse oI the legal system through baseless threats and Irivolous motions to silence and
intimidate opponents, this Motion could not be a clearer example oI those very tactics.
At the very outset oI this case, DeIendant Kimberlin alleges by this Motion that the very act oI
suing him is an unethical act by Counsel. Although Counsel is happy to address the Motion`s substance,
to the limited extent it exists, PlaintiII prays this Court will dispose oI this inapt, improper Motion with
due dispatch so that litigation may proceed in regular order.
Mr. Kimberlin`s habitual threatening oI, and bringing, such Irivolous sanctions motions has long
been a tactic in his documented history oI lawIare and variegated abuse oI the legal system, as this Court
will observe again and again. Mr. Kimberlin has developed a cottage industry oI claiming woeIul
harassment Irom those who take any interest in his sordid criminal past or ongoing exploits, while
simultaneously Iiling and threatening every type oI oIIensive motion he can conceive oI. He is
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particularly Iond oI attacking lawyers, perhaps realizing they have higher responsibilities, are subject to
malpractice insurance, and simply preIer to avoid the shrill harangue oI Mr. Kimberlin`s tactics -
including utterly Irivolous bar complaints and sanctions motions.
DeIendant Kimberlin has already used this tactic against the PlaintiII, Mr. Walker, himselI a
lawyer; Iiling two separate bar complaints against him. He has also Iiled bar complaints and attempted
to interIere with the employment oI a CaliIornia District Attorney who is a Iriend oI Mr. Walker. (See
Exhibit 'A). In addition he has threatened a Maryland lawyer who represented Mr. Walker in a separate
matter with a bar complaint simply Ior representing Mr. Walker. (See Exhibit 'B). The website
www.BreitbartUnmasked.com, a JOHN DOE deIendant in this case who Counsel strongly believes is
either DeIendant Kimberlin or someone acting at his direction, had described another lawyer who
represented Mr. Walker against one oI Mr. Kimberlin`s threats this way: Reginald Bours, 'a shit eating
Iree the child molesters because prison is too hard on them` attorney. (See Exhibit 'C). The site also
posted a picture oI Mr. Bours under the headline 'Aaron Justin Walker, Reginald W. Bours, Judge Eric
Mr. Johnson & Jason Christopher Lay: People You Will See In Hell? and insinuated a corrupt
relationship between Mr. Bours and a Maryland judge. (See Exhibit 'D). Finally DeIendant Kimberlin
threatened Counsel with sanctions in the very Iirst communication Counsel had with him, in a separate
Virginia state case where he and Mr. Walker are both actors.
Mr. Kimberlin, ever a champion oI ethics as evidenced by his Rule 11 Motion, neglects to
inIorm this Court he violated a court-ordered seal on discovery in the Virginia matter. There he gave Mr.
JeIIrey Cohen, lawyer Ior Justice Through Music Project and Velvet Revolution US ('the
Organizations), but explicitly not DeIendant Kimberlin`s attorney, sealed discovery materials that Mr.
Cohen attempted to use to extort settlement Ior his client in this matter. Mr. Kimberlin then put those
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same sealed documents into his Motion to Dismiss in this case, Iurther violating the Virginia court`s
order. Mr. Cohen has also shared conIidential settlement discussions between Counsel and his clients
with Mr. Kimberlin, who promptly revealed them in a Iiling in Virginia. Counsel`s Note on Ethics,
infra, details the questionable ethical maneuverings oI both DeIendant Kimberlin and Mr. Cohen.
In this Motion, his latest Ioray into lawIare, DeIendant Kimberlin manages, though inaptly, to
cite several dozen cases, along with a Iew treatises Ior good measure. In Iact, educated conjecture based
on Mr. Kimberlin`s near-innumerable pro se Iilings in Virginia leads Counsel to believe this Motion was
likely authored by an attorney, perhaps by one who chooses not to have his reputation sullied by named
association with so tawdry a tactic as this. Mr. Cohen could perhaps elucidate this Court on authorship
as he too has repeatedly threatened Counsel with Rule 11 Sanctions Ior having the audacity to litigate
against his clients. Those threats made both in writing and in telephone conversations have
coincidentally appeared as exhibits in this Motion.
The avalanche oI citation perhaps every successIul Rule 11 motion in the past decade is too
clever by halI, as most are in disparate string sets containing unconnected points oI law. The Motion
also Iails to tether any oI the many cases to the Iactual allegations within the Complaint. To the extent
the Motion does reIerence the Complaint, it gets the allegations completely wrong, deriving Irom whole
cloth counts that do not exist and never addressing the ones present, all while making wild suppositions
as to Counsel`s intentions and thoughts.

Legal Standard

Rule 11 requires imposing sanctions upon attorneys 'who Iile pleadings not reasonably grounded
in Iact or law. La Vay Corp. v. Dominion Federal Sav. & Loan Asso., 830 F.2d 522, 528 (4th Cir.
1987). For purposes oI overcoming a Rule 11 motion, a claim must either be warranted under existing
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law or, more leniently, the claim can simply be warranted by a 'non-Irivolous argument Ior extending,
modiIying, or reversing the law. Fed. R. Civ. P. Rule 11 Advisory Committee`s Note. Thus, subdivision
(b)(2) is violated only by 'patently Irivolous arguments. See id.
Accordingly, presenting a legal position is sanctionable only when, 'applying a standard oI
objective reasonableness, it can be said that a reasonable attorney in like circumstances could not have
believed his actions to be legally justiIied. Hunter v. Earthgrains Co. Bakery, 281 F.3d 144, 153 (2002
) (quoting In re Sargent, 136 F.3d 349, 352 (4th Cir. 1998)). More succinctly, the legal argument must
have 'absolutely no chance oI success under the existing precedent. In re Sargent, 136 F.3d at 352.
Thus, even 'creative claims, coupled even with ambiguous or inconsequential Iacts do not merit
punishment. Brubaker v. City of Richmond, 943 F.2d 1363, 1373 (4th Cir. 1991).
Fourth Circuit courts have consistently held a party must only proIIer minimal evidence in order
to overcome a Rule 11 motion. See id. Indeed, Ior Rule 11 purposes, an allegation 'merely must be
supported by some evidence, and a plaintiII violates Rule 11`s Iactual inquiry requirement only when a
court can conclude 'that plaintiIIs had no Iactual basis Ior their allegation. Id. at 1377 (emphasis in
original). Thus, Rule 11 sanctions are appropriate Ior a complaint only when 'a complaint contain|s|
allegations unsupported by any inIormation obtained prior to Iiling, or allegations based on inIormation
which minimal Iactual inquiry would disprove. Morris v. Wachovia Sec., Inc., 448 F.3d 268, 279 (4th
Cir. 2006).
When a party presents suIIicient evidence in his complaint, the Iact that he aims to uncover more
evidence later is not improper; indeed, such is the purpose oI the discovery process. As such, Iiling a
complaint to conduct discovery is not an improper purpose: 'II discovery is necessary to establish a
claim, then it is not unreasonable to Iile a complaint so as to obtain the right to conduct that discovery.
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Kraemer v. Grant County, 892 F.2d 686, 690 (7th Cir. 1990). While 'the need Ior discovery to complete
the Iactual basis oI the alleged claim is not an excuse to allege claims without Iactual basis, provided a
lawyer makes the necessary initial inquiry into the Iacts, a Rule 11 motion cannot be sustained. In re
Kunstler, 914 F.2d 505, 516 (4th Cir. 1990). Indeed, 'the Iactual inquiry necessary to Iile a complaint is
generally satisIied iI all oI the inIormation which can be obtained prior to suit supports the allegations
made, even though Iurther Iacts must be obtained through discovery to Iinally prove the claim. Id.

Argument

I. Rule 11 Sanctions are Meritless and Warrant the Award of Attorneys Fees because
Counsel Fully Investigated the Claims before Filing the Complaint; Defendant
Kimberlin is Attempting to Test the Sufficiency of the Claims and Trying to
Intimidate Counsel from Pursuing this Suit.

Under Rule 11 oI the Federal Rules oI Civil Procedure, an attorney certiIies that a pleading or
written motion 'to the best oI the person`s knowledge, inIormation, and belieI, Iormed aIter an inquiry
reasonable under the circumstances is:
(1) not being presented Ior any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost oI litigation; (2) the claims, deIenses, and other
legal contentions are warranted by existing law or by a nonIrivolous argument Ior
extending, modiIying, or reversing existing law or Ior establishing new law; (3) the
Iactual contentions have evidentiary support or, iI speciIically so identiIied, will likely
have evidentiary support aIter a reasonable Iurther investigation or discovery; and (4) the
denials oI Iactual contentions are warranted on the evidence or, iI speciIically so
identiIied, are reasonably based on belieI or a lack oI inIormation.
Fed. R. Civ. P. 11(b).

Rule 11 requires imposing sanctions upon attorneys 'who Iile pleadings not reasonably grounded
in Iact or law. La Vay Corp., 830 F.2d at 528. For purposes oI overcoming a Rule 11 motion, a claim
must either be warranted under existing law or, more leniently, the claim can simply be warranted by a
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'nonIrivolous argument Ior extending, modiIying, or reversing the law. Fed. R. Civ. P. Rule 11
Advisory Committee`s Note. Thus, subdivision (b)(2) is violated only by patently Irivolous arguments.
A Rule 11 motion is a serious allegation oI wrongdoing by an attorney. The Iiler oI such a
motion accuses the attorney oI blatantly unethical conduct. This Court must undergo sober analysis to
inquire iI any ethical violations have in Iact occurred. But iI this Court Iinds the Motion`s assertions
lacking it is able and indeed should award Attorney`s Iees to compensate Counsel Ior having to deIend
against these baseless accusations. The local rules Ior the U.S. District Court oI Maryland states motions
Ior sanctions should not be brought 'as a matter oI course Loc. R. 105.8(a), and the Court itselI 'will
consider in appropriate cases imposing sanctions upon parties who Iile unjustiIied sanctions motions.
Id. Counsel respectIully requests this Court consider such available remedies aIter reviewing Mr.
Kimberlin`s and Mr. Cohen`s motivation in bringing this Motion.
At the outset DeIendant Kimberlin may only deIend his own interests in this case, and not act as
unlicensed proxy counsel Ior the Organizations or the website. The Organizations are separately
represented by Mr. Cohen and DeIendant Kimberlin has not, as oI yet, claimed proprietorship Ior the
website BreitbartUnmasked.com. II Mr. Cohen believes the allegations against the Organizations are
lacking he must present the proper motion, likewise with the website. Nonetheless, Counsel will rebut
all arguments presented in the Motion.
DeIendant Kimberlin seems to make three separate arguments in calling Ior sanctions: (i.) the
Complaint`s allegations lack a Iactual basis which proper investigation would have revealed; (ii.)
Iederalism concerns exist; and (iii.) the Complaint is meant to harass Mr. Kimberlin. Each oI these
arguments will be addressed in turn. But DeIendant Kimberlin seems not to understand that a Rule 11
motion is not the proper mechanism to address the legal suIIiciency oI a case. As per his usual pattern,
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DeIendant Kimberlin has inserted inIormation to make the court privy what he believes this case is
'really about. Mr. Kimberlin, oI course, is not allowed to present Iactual evidence in a Rule 11 motion,
or even in a 12(b)(6) motion. Rule 11 should not be used to raise issues oI legal suIIiciency that more
properly can be disposed oI by motion to dismiss, or other dispositive motion. Dome Patent L.P. v
Permeable Techs., Inc. 190 FRD 88 (W.D.N.Y. 1999).
The only relevant inquiry is whether the Iacts and inIerences presented by PlaintiII have
evidentiary support such that the legal claims are colorable. Lucas v. Duncan, 574 F.3d 772, 777 (D.C.
Cir. 2009). DeIendant Kimberlin`s preliminary statement as well as his Iirst argument is an attempt to
deIine the case as he would like it, not as it is on the pleadings. Mr. Kimberlin`s recitation oI 'Iacts is
an improper purpose Ior this Motion and this Court should discard these sections accordingly. In Iact, as
explained, infra, the Complaint`s Iactual allegations are well Iounded and the discovery process will
Iurther illuminate the Iactual allegations Ior the Court.
Finally DeIendant Kimberlin is nakedly trying to intimidate Counsel Irom pursuing justice in this
matter. Mr. Kimberlin has a long history oI employing this tactic and Mr. Cohen has deItly Iollowed
DeIendant Kimberlin`s path in pursuing intimidating and threatening tactics instead oI addressing
relevant points oI law. Mr. Kimberlin and Mr. Cohen`s actions demonstrate their willingness to use the
legal system as a mechanism to exact vigilante revenge on all those who dare oppose them. For these
reasons, as explained in more detail below, Counsel asks Ior the minimal sanction oI Attorney`s Iees in
this matter.


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II. Counsel Performed a Thorough Investigation, Deriving Evidence Through Multiple
and Varied Sources Before Filing The Complaint

DeIendant Kimberlin cites multiple cases Ior the proposition a plaintiII must properly investigate
claims beIore Iiling a complaint. Counsel agrees. In Iact, it is this very investigation, pulled Irom
multiple public sources that strongly avers to wrongdoing on the part oI Mr. Kimberlin, the
Organizations, and the website. Indeed, Counsel`s continued investigation and the potential oI discovery
in this matter appears to be precisely what has DeIendants so nervous.
DeIendant Kimberlin`s use oI lawIare to harass and intimidate, and his use oI legitimate
businesses to mask illegal and neIarious activity are well documented. DeIendant Kimberlin`s use oI
anonymous websites to deIame his enemies has been harder to document. But a quick perusal oI
www.BreitbartUnmasked.com reveals it acts as a personal public relations organ Ior DeIendant
Kimberlin, and his vigorous deIense oI the site in the Motion says much.
DeIendant Kimberlin has used lawIare tactics to Iile over 100 lawsuits as he readily admits. (See
Exhibit 'E). He has threatened dozens, perhaps hundreds more, along with 'peace orders, criminal
complaints and administrative actions. A great many oI these actions have employed state machinery as
a blunt object to bludgeon anyone who writes negatively oI his criminal past, his past and present
potential Irauds, his current undocumented and increasingly suspicious activities using tax-exempt
entities, or the Organizations whose hundreds oI thousands oI dollars in Iinances appear to be spent with
very little oversight. DeIendant Kimberlin`s actions speak Ior themselves. And as PlaintiII will Iurther
document through the discovery process and amply prove at trial, his actions represent a pattern oI
malicious and tortious behavior Ior which DeIendant Kimberlin and the Organizations are legally liable.
Moreover, aIter investigating DeIendant Kimberlin`s suspect business dealings, the Complaint
alleges there may be more disturbing motives behind Mr. Kimberlin`s and the Organizations` Iaade oI
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altruism: Is DeIendant Kimberlin trying to silence his perceived adversaries, like PlaintiII Walker,
through lawIare because he does not want anyone speaking about his past as a convicted perjurer,
convicted illegal narcotics wholesaler, and convicted domestic terrorist because doing so is bad Ior his
'businesses, as he has called the Organizations; or is there something deeper, more sinister at work
here? DeIendant Kimberlin has managed to rake in a substantial sum oI money over the past Iew
yearswell over a million dollarsIor the Organizations. These Iunds seem largely derived Irom a
small cadre oI very wealthy and well known individuals. Major media outlets have questioned where
exactly all oI this money is going. (See Exhibit 'F). Is it as Mr. Kimberlin proIesses purely leIt-wing
'social justice activism? That answer seems unlikely Ior a Iew reasons.
First both Organizations are apparently run out oI DeIendant Kimberlin`s mother`s basement.
While one might expect these accommodations to keep overhead costs low that has not always been the
case. In 2008, DeIendant Kimberlin charged the Organizations $84,525 (Ior 2008) in rent, Ior some sub-
portion oI a 1500 square-Ioot building. This amount greatly out-prices downtown Bethesda real-estate.
Mr. Kimberlin in his cozy conIines is annually raking in six-Iigure sums to run these supposed charities.
For instance in 2010 the Organizations combined took in $375,638. (See Exhibit 'G). This is a
substantial sum oI money Ior anyone, much less a multiple convicted Ielon with no demonstrable work
history. Are progressive celebrity donors really doling out six-Iigure checks to a guy living in his
mother`s basement because they honestly believe he is the best conduit to stop voter Iraud? Or as a
purported atheist that he is best protector oI the interests oI American Muslims?
Or, is DeIendant Kimberlin engaged in a Iraud upon these donors, as he once scammed Mark
Singer, a respected long-time journalist Ior the New Yorker magazine? Mr. Kimberlin had Mr. Singer
and many other major media outlets, Ior instance 60 Minutes, believing he was a 'political prisoner
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because he claimed to have once sold marijuana to then-Vice Presidential candidate Dan Quayle, some
15 years earlier. Mr. Singer wrote a Iull-length book on Mr. Kimberlin, intrigued by the possibility oI
unjust American political imprisonment, only to realize at the end he had been had.
DeIendant Kimberlin`s use oI the Organizations and the Courts to harass any who might uncover
or impede the potentially Iraudulent purposes oI the Organizations is a reasonable inIerence Irom the
Iacts already laid out in the Complaint. And this knowledge is derived only Irom limited public records
and can certainly be expanded upon through discovery. In short, little is currently publicly available
about the Organizations, but what is points to less-than-altruistic motivations by Mr. Kimberlin. For
example, IRS Iorms reveal Mr. Kimberlin charged the Organizations a combined $84,525 in rent in
2008 representing an astonishing increase Irom the year beIore. (See Exhibits 'H and 'I). That year
may have been a hectic one Ior real estate interests, but did it really have that much oI an eIIect on
basement rentals in residential Bethesda, particularly one whose assessed value is less than $600,000?
Perhaps, even more intriguingly, do these donors know exactly what DeIendant Kimberlin is
doing: using the legal process (and possibly some other highly illegal tactics) to silence ideological
enemies?
II DeIendant Kimberlin is masking illegal activity behind the guise oI legitimate businesses, it
certainly wouldn`t be the Iirst time. Nor would his zealous eIIorts oI subterIuge and harassment against
those who may expose such illegality be original. In Iact, DeIendant Kimberlin perIected this paradigm
in his Iirst career as a high-level drug traIIicker masquerading as a post-hippie new age health-Iood store
owner. Here is how author and journalist Mark Singer described DeIendant Kimberlin`s Iirst-career
subterIuge:
Within a couple oI years oI buying into the business, Kimberlin owned the building it
occupied, a two-story wood-sided converted house that looked as iI it belonged exactly
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where it was, in a neighborhood oI head shops and tie-dye boutiques. Later, the Good
Earth |the health Iood store| acquired an Earth Shoes Iranchise, which Ilourished in a
room upstairs . . . He always maintained that he never mixed his legitimate and illicit
enterprises. His annual net Irom the Good Earth, he said, ran between $30,000 and
$50,000. Evidently, this was a Iraction oI his drug proIits.

Regardless oI how or where the cash Ilowed, the Good Earth provided a convenient
cover. II Kimberlin needed plastic-lined burlap bags Ior packing Mexican marijuana
across the border, he could order through the same vendor who might sell him similar
bags Ior bulk whole grains. II asked why he made so many plane trips in Texas, he could
answer that the Rio Grande Valley was a source oI excellent organic produce. A hard
working New Ager could plausibly tool around in a Jaguar or a Mercedes. Kimberlin
once won a businessman-oI-the-year award Irom the Broad Ripple Merchants
Association. In his most vivid memory oI that occasion, his electronic pager went oII
during the proceedings and he had to excuse himselI abruptly to go unload thousands oI
pounds oI marijuanacontraband bound Ior Michigan, Ohio, and south-central Indiana.
'As I was leaving the award banquet, he said, 'I thought to myselI: Boy, iI these people
only knew what a wonderIul businessman I really am!

MARK SINGER, CITIZEN K, THE DEEPLY WEIRD AMERICAN JOURNEY OF BRETT KIMBERLIN 52-53 (1996).
When DeIendant Kimberlin`s Iirst career came to an abrupt halt with several Iederal convictions,
here is how one oI the sentencing judges described DeIendant Kimberlin`s dual roles:
The trial oI this case and the evidence demonstrated certain things with compelling Iorce.
What this court saw and heard made a lasting impression on this judge. We have here a
deIendant |Mr. Kimberlin| who has masqueraded as a reputable citizen, when, in Iact, he
has been operating on the Iringes oI drug traIIic Ior several years. His business activities
appear to be a Iront while he callously preyed on his Iellow citizens. His conduct reveals
the complete disregard Ior the welIare oI his Iellow citizens, and his associates have been
composed a criminal element. Indeed the deIendant appears to have a double personality .
. .

Id. at 141.

Despite Mr. Kimberlin`s demonstrable propensity to hide illegitimate ends behind the veneer oI
respectable, even laudable, ventures, Mr. Cohen, the Organizations` legal counsel suggests, quite
stridently, that Counsel simply take his word that only altruistic deeds are concocted in Mr. Kimberlin`s
mother`s basement.
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And what oI Mr. Cohen? This attorney, has been neck-deep in these ventures Irom the
beginning. (See Exhibit 'J). He has a duty to oversee these Organizations and how DeIendant
Kimberlina convicted perjurer, and noted con man with a violent past that includes planting a bomb at
a public high school that disIigured a Vietnam veteranis spending these tens oI thousands oI dollars.
To say the Organizations are bare-bones operations would be an understatement. The entire staII oI both
seems to consist oI DeIendant Kimberlin and Mr. Cohen, the services oI an outside accountant, and in
one a third partner, blogger Brad Freidman, who is not compensated. That`s it.
The Organizations have raised over a million dollars Ior public advocacy and there is not so
much as a secretary? No Iellows perIorming scholarship, no interns stuIIing envelopes, no Iield staII
training activists? Mr. Kimberlin repeatedly claimed he works with 'Iamous bands to train activists and
get young people 'involved. Who are these Iamous bands? One would surmise it would be good public
relations to have these bands Ieatured prominently on the website. But a review oI Justice Through
Music Project`s website reveals only one band, that Counsel believes is Mr. Kimberlin`s own, 'Op
Critical and some apparent Iilming oI Occupy DC and other public rallies. His biggest accomplishment
seems to be interviewing publicity-hungry rally organizers or Iestival acts to talk about their causes.
DeIendant Kimberlin places these interviews on his robust You Tube channel, which is mostly
comprised oI video taken at such public events. DeIendant Kimberlin has also claimed to 'work with
members oI Congress every single day along with scores oI other 'community leaders. Who are these
people? Politicians and civic leaders are not usually the type to shy away Irom publicity stemming Irom
the types oI good work Mr. Kimberlin claims to be perIorming. The website reveals no members oI
Congress or anyone else oI note collaborating with DeIendant Kimberlin on anything. Where are all the
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 16 of 25
13

tax-deductible contributions and potentially tax-Iree income to Mr. Kimberlin going? What is it
really Iunding?
Mr. Cohen would preIer no one inquire about this cozy little situation. He has repeatedly, and
with increasing alarm threatened Counsel with Rule 11 motions, and even called Counsel the day we
received DeIendant Kimberlin`s Rule 11 motion to Iurther threaten us that he would consider Iiling his
own subsequent Rule 11 motion. And again demanding we simply release his clients Irom this litigation.
When that tactic didn`t work he turned to threatening to contact Counsel`s malpractice insurer, and when
that didn`t work he even impugned an as-yet un-materialized intent to threaten Counsel`s local counsel.
He has even threatened not to answer the Complaint. These actions on the part oI a Director Ior, and
Counsel to, the Organizations only enhance the existing Iactual allegations made in the Complaint,
encourage the progress towards discovery, and clearly establish suIIicient evidentiary and legal basis to
survive this Irivolous Rule 11 Motion.

III. Defendant Kimberlins Federalism Concern is a Straw Man Argument.

DeIendant Kimberlin attempts to persuade the Court with several nakedly Ialse assertions and
outright absurdities. Most bizarrely, he alleges the Complaint asserts some sort oI conspiracy involving
the Montgomery County courts or the Maryland state court system in general with Mr. Kimberlin.
DeIendant Kimberlin`s assertions are patently Ialse and utterly nonsensical as a simple reading oI the
Complaint reveals. At no point does PlaintiII make any allegations against the Maryland court system,
its agents, or oIIicers. That DeIendant Kimberlin has eIIectively used Maryland state mechanisms
along with many others in varied jurisdictions both state and Iederal places no stain on the state. The
stain is DeIendant Kimberlin`s alone, through his tactic oI abusing these publicly available mechanisms
oI redress.
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 17 of 25
14

In Iact DeIendant Kimberlin has himselI encountered the integrity oI the Maryland state court
system when his ex parte 'peace orders have been appealed to Maryland circuit courts. These courts
have habitually discarded his baseless charges leaving him successIul only in Iorcing his adversaries to
spend substantial time and resources in deIense oI his continued groundless accusations. DeIendant
Kimberlin`s lawIare stretches well beyond the Maryland court system, indeed his threats and suits are
nationwide. And in Iact, to Counsel`s knowledge, there are no suits currently pending against DeIendant
Kimberlin in Maryland state court so whatever point he had with this argument, is moot.
One oI the reasons Mr. Kimberlin`s lawIare warrants Iederal attention is precisely because it is
amorphous and hydra-headed. His tactics accomplish its purpose regardless oI any particular action`s
Iinal outcome. His main goal is simply to inIlict time, expense, and proIessional headaches on his
adversaries. DeIendant Kimberlin well knows his suits and threats are Irivolous and iI litigated to
completion he will lose. The outcome matters not, he has long recognized the process will be painIul
and time consuming. And iI he loses? There is always another suit, another charge, another jurisdiction,
another licensing body he can complain to, all the while claiming victimhood and pontiIicating about his
'First Amendment right to access to the courts.
DeIendant Kimberlin never hires counsel, pays no attention to court rules, and Iiles motion aIter
motionmany oI which simply mimic opposing counselin an eIIort to wear down his adversaries and
bleed them oI time and resources. II a court orders him to do something he simply ignores it, Iiles
another motion and moves on. He has been so successIul because he is cognizant that most people have
no stomach Ior long drawn out legal battles that cost him almost nothing but inIlict great pain on his
opponent regardless oI outcome.
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15

DeIendant Kimberlin didn`t just discover this tactic; he has been doing this Ior thirty-Iive years.
He previewed his current career as lawIare hit man at one oI the sentencing hearings that ended his prior
occupation as a high-level drug traIIicker. This is what he had to say at just one oI the sentencing
hearings Ior one oI his several Iederal convictions:
II I am sentenced to one day or one hundred years, to me it`s a travesty and a tragedy and
an injustice, and Ior that reason I would ask that I don`t have an executed sentence. And
Iurthermore, I have decided and am prepared to take this on appellate levels and oI
everything possible to vindicate myselI, whether through the district court, appellate
court, Supreme Court. II I have to go to the United Nations I plan on doing that, and I
plan on going to the World Court. I plan on Iiling lawsuits against every person that I
know lied I know lied against me and any agencies that were involved with corruption
and use oI perjured testimony . . .

SINGER, CITIZEN K, at 181.

IV. Defendant Kimberlins Claims of Harassment are His Usual Tactic to Distract from
His Own Bad Acts.

DeIendant Kimberlin`s Iavorite tactic is to claim that he is being harassed, that he just wants to
be leIt alone, to live a quiet liIe combatting voter Iraud and religious intolerance. See, e.g., Kimberlin v.
Walker Hr`g Tr. at 20, July 5, 2012, available at http://www.scribd.com/doc/102362407/Kimberlin-v-
Walker-Hearing-7-5-12-OCR. He uses this Ialse premise to launch all sorts oI lawIare including civil
lawsuits, criminal complaints and administrative complaints. As noted supra, a Iavorite target is
lawyers, particularly those representing his adversaries, as this Motion well demonstrates.
The Iirst documented instance oI DeIendant Kimberlin claiming harassment came in the
summer oI 1978. The grandmother oI a pre-teen girl who a twenty-something Kimberlin had taken on
multiple vacation trips alone asked the girl`s landlord to change the locks on the apartment the girl
lived with her pre-teen sister and Mother, a Iriend or acquaintance oI a then drug-dealing Mr. Kimberlin
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 19 of 25
16

to keep Mr. Kimberlin out. Three days later, Mr. Kimberlin showed up at the landlord`s oIIice. This is
how the woman described the encounter:
Brett C. Kimberlin came to our oIIice. He came into my oIIice and closed the
door, talked very low, was nervous, introduced himselI as living with Sandra Barton |the
pre-teen girl`s mother| 68 POC #A, and stated he had lived there Ior a good many years.
He told me that his girlIriend`s mother was harassing them, that she hated him and their
situation (living there with her daughter and grandchildren) . . . he said that Mrs. Barton`s
mother was insane and that he wanted them to get away Irom her but that Mrs. Barton
was aIraid oI her mother and would not stand up to her.

SINGER, CITIZEN K, at 81.

About a month later that grandmother was murdered, shot in the head. No one was ever
convicted oI the crime but police suspected Mr. Kimberlin`s involvement while ruling him out as the
triggerman.
The instances in this Response that recall DeIendant Kimberlin`s past are not included to retry
him Ior crimes he committed long ago. As he has stated, and Counsel agrees, he has done his time Ior
the multiple Iederal crimes Ior which he was convicted. These excerpts are included merely to
demonstrate the length oI time he has been menacing the innocent with lawIare, the origins oI the
tactics, and the harm and destruction it has wrought on so many.

A Note on Ethics

A Rule 11 motion is a serious charge. It nakedly accuses an attorney oI unethical conduct. It calls
into question his character and Iitness Ior the proIession, and the seriousness with which he takes his
role as an oIIicer oI the court and steward and practitioner oI the law. I take those responsibilities and
the privilege bestowed upon me as an attorney very seriously. I am particularly mindIul oI my
responsibilities in a jurisdiction where I am a guest. And, I resent the accusation by these DeIendants or
anyone else that I have committed a single unethical act. Greater than DeIendants attempt to impugn my
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 20 of 25
17

proIessional reputation, this litigation goes to the heart oI how the law operates; Ior the beneIit oI most,
but through mechanisms that can be abused by those who see it only as a tool to achieve neIarious ends.
As such, I believe it is my duty to alert this Court, in some detail, to the questionable and in some
cases blatantly unethical conduct on the parts oI Mr. Kimberlin and Mr. Cohen at the outset oI this
litigation.
Mr. Kimberlin initiated this Irivolous motion previously and repeatedly threatened by Mr.
Cohen Ior an improper purpose: to try and intimidate and bully me oII this case. See 5A CHARLES
ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE 1336.3 (Rule 11 motions
'should not be used to raise issues as to the legal suIIiciency oI a claim.). Importantly, Rule 11 motions
also should not be prepared 'to intimidate an adversary into withdrawing contentions that are Iairly
debatable. Id.
Mr. Kimberlin`s dishonest behavior Iirst became apparent in the aIorementioned Virginia case
involving torts committed by Mr. Kimberlin and other co-deIendants against Mr. Walker. In that case,
Mr. Kimberlin took sealed discovery documentsa court-ordered seal that he himselI had requested
and blatantly distributed them. He published some oI them in the text and exhibits oI publicly available
motions. Indeed, he has included one oI them in this very Motion. He then gave at least one oI those
documents (likely all oI them) to Mr. Cohen who tried to use it as leverage to get the Organizations
removed Irom this lawsuit. Mr. Kimberlin then distributed these sealed materials to an unserved co-
deIendant in that case and to a sympathetic blogger. Both oI whom instantly put them on the internet all
the while gleeIully mocking and taunting my client, and myselI.
Mr. Cohen`s role in that Iiasco is particularly troubling as he either knew, should have known, or
at least made some eIIort to inquire as to the origins oI this document, which could only have come Irom
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 21 of 25
18

discovery or outright theIt. Mr. Cohen`s use oI this improperly obtained document has serious ethical
consequences in Virginia and Maryland, both oI which he is barred in. An attorney must not use means
oI obtaining evidence 'that the lawyer knows violate|s| the legal rights oI a third party. Md. Lawyer`s
R. ProI`l Conduct 4.4(a); See also Va. R. ProI`l Conduct 4.4 Comm. Commentary (Rule 4.4 was
adopted as a reminder that there are limitations on the 'activities Ior which zealous representation`
might be oIIered as an excuse). A lawyer cannot 'disregard the rights oI third parties 'including legal
restrictions on methods oI obtaining evidence Irom third persons. ABA Model R. ProI`l Conduct 4.4
Comment1.
An attorney also must not 'seek inIormation relating to the matter that the lawyer knows or
reasonably should know is protected Irom disclosure by statute or by an established evidentiary
privilege. Md. Lawyer`s R. ProI`l Conduct 4.4(b). II such inIormation is received, the attorney is
required to give notice to the court where the matter is pending. Id. There is an overarching policy in
Iavor oI enIorcing an order that protects evidence Irom third parties. See, e.g., Martindell v. Intl Tel &
Tel. Corp., 59 F.2d 291 (2d Cir. 1979) (aIIirming order oI district court which denied request Ior
deposition testimony because it was given in reliance on a protective order). Parties should be entitled to
rely on the enIorceability oI orders even against any third parties. Id. at 26.
An attorney`s duty oI diligence not only creates an obligation to research and collect documents
in support oI the client`s claims but also creates a duty to inquire into the source oI any such documents
obtained. See Md. Lawyer`s R. ProI`l Conduct 1.3(imposing duty oI diligence); Va. R. ProI`l Conduct
1.3; See also Attorney Grievance Commn of Maryland v. Patterson, 28 A.3d 1196 (Md. 2011) (Iinding
respondent violated duty oI diligence and competence by Iailing to research and collect documents to
support complaint). The duty does not enable an attorney to engage in 'oIIensive tactics during
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 22 of 25
19

settlement negotiations such as the use oI evidence that is protected under court seal in a separately
pending matter. See ABA Model R. ProI`l Conduct 1.3 Comment 1 ('|D|iligence does not require the
use oI oIIensive tactics).
In addition, Mr. Cohen divulged the contents oI my settlement negotiations with him that were
privileged under Fed. R. Evid. 408 to a third party in this case, i.e. Mr. Kimberlin. Mr. Cohen has
assured me in writing that he represents only the Organizations in this matter and not Mr. Kimberlin.
Finally Mr. Cohen turned over to Mr. Kimberlin email correspondence he and I had relating to those
settlement negotiations. That correspondence and those negotiations have also ended up in the Motion as
well as in the Virginia state case.
Mr. Cohen`s actions raise Iurther ethical concerns in both Virginia and Maryland. Federal courts
have consistently held that settlement negotiations are conIidential. See Goodyear Tire & Rubber Co. v.
Chiles Power Supply, Inc., 332 F.3d 976 (6th Cir. 2003); Palmieri v. New York, 779 F.2d 861 (2d Cir.
1985); In re Franklin Nat'l Bank, 92 F.R.D. 468 (E.D.N.Y. 1981). The Fourth Circuit has speciIically
held that as a matter oI public policy settlement negotiations are necessarily inadmissible to encourage
'Irank discussions. Fiberglass Insulators, Inc. v. Dupuy, 856 F.2d 652, 654 (4th Cir. 1988). In the case
oI an organizational client, an attorney represents the organization and must identiIy a distinction
between the organization and a director accused oI wrongdoing when the attorney should reasonably be
aware that adverse interests between the two exist. Md. Lawyer`s R. ProI`l Conduct 1.13(d); See e.g.
Sarbanes-Oxley Act, 15 U.S.C.A 7245 (2002) (requiring an attorney to report evidence oI a breach oI
Iiduciary duty by a company agent to a chieI executive oIIicer or, iI oIIicer does not respond
appropriately, to the board oI directors).
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 23 of 25
20

This is in addition to the multiple proIessional threats Mr. Cohen has made against me, his deep
'concern Ior the wellbeing oI my insurance carrier, and the prospective threats to my local counsel. All
oI which occurred beIore this Motion was Iiled.
Mr. Kimberlin and Mr. Cohen`s actions thus Iar are very concerning and leave me grave doubts
as to their willingness to obey court rules, principles oI law, and the Iurtherance oI justice in this matter.

Conclusion

WhereIore, Ior the Ioregoing reasons, I ask this Court to DENY this Motion and set a discovery
order so that this case may proceed on a normal litigation schedule.

Relief Requested
Counsel respectIully requests this Court award Attorney`s Iees in the amount oI $12,631.44 Ior
bringing this baseless Rule 11 motion.


RespectIully submitted,

/s/
Dan Backer, Esq.*
209 Pennsylvania Avenue SE, Suite 2109
Washington, DC 20003
(202) 210-5431
Danbacker.esqgmail.com

Attorney Ior PlaintiIIs
*Admitted Pro Hac Vice on September 10, 2012

Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 24 of 25
21

CERTIFICATE OF SERVICE

I hereby certiIy that on this 27th day oI November, 2012, I caused a copy oI the Ioregoing RESPONSE
TO DEFENDANT KIMBERLIN`S MOTION AND MEMORANDUM IN SUPPORT OF RULE 11
SANCTIONS AGAINST PLAINTIFF`S ATTORNEY DAN BACKER to be served by Iirst class mail,
postage prepaid, upon:
Mr. Brett Kimberlin
8100 Beech Tree Road
Bethesda, MD 20817

Justice Through Music Project
And
Velvet Revolution US
c/o Mr. JeIIrey Cohen, Esq.
Millen, White, Zelano & Branigan
2200 Clarendon Blvd., Suite 1400
Arlington, VA 22201

November 27, 2012



Dan Backer, Esq.
Case 8:12-cv-01852-JFM Document 32 Filed 11/27/12 Page 25 of 25
Redacted
The State Bar of California October 20, 2010
Office of Chief Trial Counsel
1149 S. Hill St.
Los Angeles, CA 90015
Attn: James E. Towery, ChiefTrial Counsel Disciplinary Committee
Re: COMPL.AJNT Against John Patrick Frey, Deputy Los Angeles District Attorney
Dear Mr. Towery:
I am writing to complain about LA Deputy District Attorney John Patrick Frey for
various ethical and professional violations and request that you take appropriate action
against him. In short, l'Vlr. Frey has been en_gaging 1n conduct that
undermines confidence and respect for the legal profession.
Mr. Frey runs a blog called Patterico 's Pontijh'atious located at wvvw.patterico.com.
This blog has a hard right conservative slant and has been used to attack Democrats,
liberals, gays, and anyone supporting them.
I am associated with another blogger who runs The Brad Blog, www.bradblog.com, who
wrote several blog articles about Mr. Frey's decision to support several hard right
conservatives avoid prosecution for illegal wiretapping employees of the Los Angeles
ACORN office in the summer of2009. It appears that Mr. Frey's decision to support the
conservatives was based not on the facts but rather on his desire to protect those fellow
conservatives, and this was the gist of The Brad B1og's postings. See attached Media
Matters article.
Mr. Frey did not take kindly to being exposed in this way so he began investigating the
owner of The Brad Blog, Brad Friedman. During that investigation, which appears to
have been done at least in part during his work hours for the DA 's office, Mr. Frey
learned that Brad Friedman was associated with me and that I had been convicted of a
felony more than 30 years ago.
So, Mr. Frey chose to take an issue that with his job performance and make it an
issue on his personal blog, and do so by attacking me mercilessly with malicious and
defamatory postings all as part of a revenge campaign to get back at Mr. Friedman. In
over a year's b1og posts, Mr. Frey on more than a dozen occasions called Mr. Friedman a
Har and a "fucking liar." Commenters to those posts piled on with vile invectives such as
"'Grade A liar." [When one types the words fucking, goddamned, bullshit, asshole,
motherfucker and other abusive swear words in the Frey's blog SEARCH box, scores of
examples come up).
On October 11, 2010, Mr. Frey wrote a blog post defaming me and tying it back to Mr.
Friedman. Here is part of his post.
6

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"Jvfany questions remain about the investigations Kimberlin has supposedly done with
Brad Friedman. The guy appears to be a career criminal along the lines ofTookie
Williams. The similarities are great: an intelligent violent criminal involved in multiple
acts of deadly violence, rvho hatches a plot to escape from incarceration by means of
murder. When that fails, he starts a massive publicity campaign, mobilizing the
politically strident but.fundamental!y naive. segment among the left who love to stand up
for prisoners. As part of his campaign, he uses lame "art" to convince people he is a
serious person.
The main d(fference is that Tookie got caught, convicted, and was never let go.
Kimberlin? He walked in 1994, and is now a progressive hero wal/dng the streets.
For more, read Liberty Chick's post, and poke around the blog of a Socrates, who has
been writing about the connection between Kimberlin and Friedman for months. "
In another post shortly thereafter, Mr. Frey called me a "terrorist," and his commenters
called me a ki11er, scam artist, liar, and a host of other vile words. I asked Mr. Frey to
remove the offending posts but instead of doing so, he posted my private email requests
to him on his blog. He later made another post about me, which falsely stated that T
engaged in "murderous plots." He also posted all the financial IRS 990 fonns from two
non-profits I am associated with and asked people to dig into them to look for anything
111egal.
The party Socrates referred to above by Mr. Frey and relied on by him in his blog is a
serial stalker who is under investigation by state and federal law enforcement for
cyberstalking and online bullying. I sued Socrates last week for defamation, cyber
stalking, harassment and interference with business. I am attaching a copy of that suit.
Mr. Frey's blog solicits money from readers and fans through PayPal, and it promotes
and endorses online offshore gambling and betting, which is Hlega1 in many states,
including California. It appears that this gambling company is paying Mr. Frey. Here is
the gambling promotion on his blog.
"SportsBettingWorld.com is one of the best resources for serious sports bettors. All the
picks and online sports betting analysis are done professional handicappers. Check them
out today .for all your MMA & UFC belling needs."
ManyOsuch offshore gambling operations are illegal, and Califomia specifically
prohibits its citizens from betting beyond its borders and engaging in sports bets.
http://www.buzzle.com/artic!es/the"law-and"online"sports-betting.html.
Mr. Frey has been censoring infonnation posted by commenter's on his blog asking
questions about his unexplained wealth. Last week, a poster asked Mr. Frey on his blog
to explain how he has been able to amass $2 million in property on the salary of a Deputy
DA. Instead of answering, Mr. Frey deleted the comment.
7

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Mr. Frey's Conduct Violates The California Bar Rules As Well As California
Employee Conduct Rules
The California Rules of Professional Conduct for Attorneys, PROFESSIONAL
INTEGRITY IN GENERAL ,Rule 1-100 Rules of Professional Conduct, in General
states that attorneys must "protect the public and ... promote respect and
confidence in the legal profession" through their conduct .... " Mr. Frey, however, has
engaged in conduct, as outlined above, that does not protect the public, of which I am
included, in that he has incited death threats, harassment, cyber bullying and hmm to my
business by his defamatory and hateful blog. He has not promoted respect and
confidence in the legal profession but instead has done quite the opposite by causing
people to look at attorney Frey as an extremist loose cannon who uses his blog to gin up
crazies to make threats against me and others. Moreover, he has used his blog to generate
waves of donations from unsuspecting people.who believe that they are supporting a like-
minded government official who advocates their hateful, bigoted, racist, and anti-Semitic
positions. Attorney Frey has also joined forces with a serial cyber stalker named Socrates
who has been banned by many national blogs for stalking and defamation and who is
under criminal investigation by state and federal law enforcement and who has been sued
by me for such stalking. Finally, attorney Frey has undermined the legal profession by
promoting and getting paid by an online/offshore sports betting/gambling operation when
such activities are illegal under both California and federal law.
The State of California Supervisory Handbook, "A Guide To Employee Conduct And
Discipline" Section IV(B) sets out very specific rules of conduct for state employees,
including Deputy District Attorneys. Mr. Frey has violated numerous code of conduct
provisions, as laid out below.
Section (m) prohibits "discourteous treatment of the public ... including rudeness,
swearing, yelling, belligerence ... while off-duty ... and insulting, offensive, abusive
or inappropriate language not rising to the level of discrimination or
harassment .. or other inconsiderate conduct that adversely affects others." In Mr.
Frey's case, his personal b!og is based these very factors. He regularly swears (Brad
Friedman is a "fucking liar") and post blogs in a manner that are rude and belligerent. He
writes his blog off-duty and is abusive, insulting and offensive as he has been to me. He
is using his blog to harass me and discriminate against me for being felon. His blog is
adversely affecting my business a:nd me by defaming me, bullying me, posting IRS 990s
and asking people to investigate me.
Section (n} prohibits "improper political activity ... conducted in such a way that it
appears to be under the authority of the department [and i]ncludes an employee's
private political activity conducted on State time or with State resources." Mr. Frey
uses his stature as a Deputy District Attorney to enJ1ance the credibility of his blog, which
8

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ruthlessly attacks Democrats, liberals and anyone who supports them. Mr. Frey fully
supports hateful, far-right Republican positions. The people who visit his blog wel1
believe that he is acting under the authority of the District Attorney's office and post the
most vile, violent, and extreme attacks possible. It appears that Mr. Frey is using
infonnation gained while he is on state time to provide content for his blog and is using
state computers with Internet access during work hours to find that content. Mr. Frey has
investigated my criminal record and may have used the state law enforcement NCIC data
to do so.
Section (p) prohibits "misuse of state property ... [including] use or theft of State
property or time for other than its intended purpose, often for the employee's
gain." As noted above, Mr. Frey has been using his position as Deputy Distrjct
Attorney to enhance the credibility of his blog and to access official infonnation on state
He is doing this for personal gain by using his blog to and his position to attract
readers and asking them to donate to him via PayPal. He is also using his blog to
promote an online betting/gambling operation that provides him with income, even
though online and sports betting is illegal in California.
Section (t) prohibits "loJther failure of good behavior either during or outside of
duty hours that is of such a nature that it causes discredit to the appointing
authority or the person's employment. Any conduct by an employee, either on- or
off-duty, that could easily disrupt or impair the public service or has the potential
for causing discredit to the department if it were known by members of the public
The focus is on the potential for destructive consequences, not on whether the
conduct is intentional.. .. '' Mr. Frey's blog is a hateful screed, filled with bigoted, racist,
anti-Semitic, defamatory, bullying, distasteful and disparaging blog posts and comments.
He is using his blog to incite violence and attacks on people such as me. In fact, since
Mr. Frey posted his defamatory posts against me, I have received threats by email, phone
and in blog posts. Mr. Frey has teamed up with a serial cyber stalked named Socrates
who is under criminal investigation by both state and federal law enforcement. I sued
Socrates last week and that suit has a strong potential of implicating Mr. Frey either as a
witness or conspirator. Also because of Mr. Frey's blog posts, he too faces a cyber
stalking/defamation lawsuit from others and me, which could easily expand into a
scandal that discredits the office in which he works. If the general public knew that Mr.
Frey's hateful blog was run by a state Deputy District Attorney, the entire Department
could be scandalized. This is a real possibility as evidenced by the recent case in
Michigan where an assistant DA used his personal blog to attack gays. This caused a
major scandal for the Attorney General's Office, with protests, and caiis for
accountability. Finally, the AG suspended the DA blogger, forced him to remove his
blog, initiated a full-scale investigation, and suggested that criminal charges may be
forthcoming. See attached article.
Section (w) prohibits "fu)nlawful discrimination, including harassment, on the basis
of .-ace, religious creed, color, national origin, ancestry, disability, marital status,
sex, or age, against the public or other employees while acting in the capacity of a
State employee. Covers all acts of unlawful discrimination and harassment by an
.
9

Case 8:12-cv-01852-JFM Document 32-1 Filed 11/27/12 Page 4 of 5


employee against a member of a protected gtoup, under the auspices of State
employment. Acts could be against employees or members of the public." T am
considered as having a disability because of my status as a felon. I have not committed
any crime for more than 31 years and have worked hard to be an outstanding member of
society since my release from prison many years ago. Yet Mr. Frey is using his hate blog
to harass, bully, defame, investigate and stalk me, with the intent to cause violence
against me and ruin my ability to earn a living. He is taking advantage of my disability to
target me, and using his official position as a Deputy District Attorney to give credibility
to his savage attacks against me.
For all the above reasons, Attorney John Patrick Frey should be disciplined by
suspending him from the practice of law, requiring him to shut down his hateful
blog, and prohibiting him from engaging in any conduct such as that alleged in this
complaint.
Sincerely,
Brett Kimberlin
POB 228
Cabin John, MD 20816
(301) 320 5921
10

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A' Convenient Truth
http://www.breitbartunmasked.com/rogues-gallery/convenient-trutb!
1 of6
Horne
About Us
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A Convenient Truth
Posted on I June 26, 20121 No Comments
Yesterday Aaron Justin Walker Attorney at Law won what he termed an important victorv in the free
speech for republicans only debate. However no one gave two shits for him when he finally was allowed
to speak by having the duct tape removed from his t}Vitter feeds and blog posts by a Judge who was
forum shopped by his shit eating "free the child molesters because prison is too hard on them" Attomey
Reginald Bours. It was as they say an important victory in the free speech debate that Republicans and
Tea Party activists have been using for a number of years. However when Mr. Walker was finally freed
to talk about his only talking point in life, Brett Kimberlin, no one gave two shits for him or his story
anymore. The reason for that was because it had went on without him for a month hourly and almost
every minute of the day since Mr Walker had the duct tape placed on him. By the time he was allowed to
blog again about his story, it was as they say, over and done with, being relegated to the shit pile of
buming embers where only small details are debated over and again for whatever is left to discuss.
Matter of fact it had devolved into infighting from a number of competing groups who wanted to take
over the story and compete for the short list of dollars left to be made off the story. What was a right
winger to do mused Walker?
Lo and behold an Angel of Mercy descended and gave Walker an early Christmas present back
to relevancy in the form of another prank call to police to come out because someone called the police
and said Walker shot his wife. And of course the wait for his story to be posted 6 hours later and all that
11/3/2012 12:15 PM

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,., -- j
A Convenient Truth
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http://www. breitbartunmasked.com/rogues-gallery I convenient-truth/
followed it. After reading the story he posted one thing stood out for me, and that was the police
questioning him on why he was continuing to write about a guy he thought might be responsible for this
so called swatting activity against him. Mr. Walker's response was "Because I have to tell the truth about
.
him." My god what an idiotthey must have thought he was. Here was a guy facing the man and all he
could think about was telling the truth about Brett He didn't think about moving on or calling
it a day, no, he thought I must tell the truth. OK, I can buy it, except you have been telling this
supposed truth for 11 months running without fail, so your desires have already been fulfilled. But wait,
there is more. The story was filled with the usual suspects like Patrick Frey calling the police to give his
lame ass version of events and where the blame should fall, and then the cops had to listen to Walkers
version of events as well. This went on for hours according to Walkers post on his blog. Then the article
Walker posted ended up with the usual donate to my cause and the newly formed Bloggers Defense
1
Team. What happened to the National Bloggers Club? Oh yeah, that's right, that scam fell apart, so a
new scam had to be launched with supposedly cleaner people behind it. But never fear Walker says: the
show must go on. And what better way to launch the new donation website than to have Walker get
pranked? How convenient for Walker that on the day of his duct tape getting removed from his blog he
just so happens to get pranked?
And get this, within a 2 hour window they had another congressperson writing another letter to Eric
Holder calling on him to investigate the pranks. OK, so let me ask how in the world did they just have
some congressperson on standby after the close of business and in the early evening to just go public
with her call after Walker was pranked? Notice to readers, I say pranked because swatting would

actually involve swat officers and not your run of the mill local yokels called out from their Donut shops
to investigate a call. And the congressperson is from the crazy state of Florida no less, which is the great
state of"Stand Your Ground" against the so called lower classes. At any rate this was tailor made for
Walker and his new Bloggers Defense Team which was set up by extremist right wing tea party
attorneys where the main instigator graduated from some no name law school that no one ever heard of.
No it isn't Yale or Harvard or even a major University. Its some two bit community type of college
called Capital Universitv. Anyway I never heard of it. Yes, these new attorneys have gotten together
claiming they will only take 20 percent out for filing fees and so forth while the rest of it
will undoubtedly end up in the pockets of their shiny new suits. Yes, all bought and paid for by the lowly
hard working conservative sheep who always love to give to those who walk with the Lord. Don't forget
the Lord in all this, he needs his 10 percent cut out of that money too.
\\
7
e plan on spending less than twenty percent of contributions on administration costs. Th.e
remainder will be spent on legal fees, la"\"<'YEn:s, researchers, and investigators.
In the coming days, we will create a >'<tebsite dedicated specifically to the effort to pruvide
important ne11vs and information, oopies of filings . and more.
Pro\'ride monthly statements on eJ<:pendirures and contributions on that website.
Form a publicly disclosed "advisory panel" of bloggers, and disclose the methods and reasonings
for that panel and those that have been included (we vvill also 'Aelcome suggestions).
Anyway back to Walkers prank call. He goes on to tell his sad tale ofwoe while tweeting jokes and so
forth right after it happened. You just know Walker was pleased as punch to have it happen to him.
Matter of fact he was probably smiling large and wide that he finally will be relevant again for talk
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A Conven'ient Truth http://www.breitbartunmasked.com/rogues-gallery/convenient-truthJ
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shows and radio shows and blaming the left and Brett Kimberlin for his problems. Yes he says in one
paragraph that he thinks Brett had nothing to do with it, but in the very next paragraph he claims that
this is part of a pattern of harassment that Brett Kimberlin has done to him, even though Walker has
been the one with peace orders against him and various judges realizing that Walker is bat shit crazy and
too hyper focused on Kimberlin for his own good. The judges however are not really aware of why all
this is going on, which is why the verdicts change from one judge to the next. However the reality is that
the manufactured Brett Kimberlin story is all about one thing and one thing only.
MONEY
Revenge is already over, so there is nothing left but money as a motive. So get ready you tea party
sheep, get ready to open your fat fucking wallets an<1 give to the fucking church of Aaron Walker and
the Bloggers Defense Team. Oh yeah, don't forget the Lord's 10 percent either. Because the Lord said
GIVE!!!! And the Lord is behind it all and he says Brett Kimberlin must be destroyed and the Bloggers
Defense Team and The Church of Aaron Walker need your money to do it. And if you believe in the
Lord Jesus then your salvation is upon you, and with that salvation comes the opportunity to destroy
Satan who is now masquerading in the form of Brett Kimberlin. So get ready suckers and open those fat
wallets and give to the church of Aaron Justin Walker, for he is a lazy bum who would prefer to live off
your dumb asses than go out and actually hold down a job in his chosen profession. What a scam ...
Of course as scams go it will eventually fall apart on them. The writing is on the wall so to speak, as
everyone in the tea party right wing nut job sphere is currently fighting and feeding off of one another
over the spoils that Aaron Walker has left them to feed on. Enjoy it while it lasts Walker, because it
never does. As Patton once said, All glory is fleeting ...
Category: Rogues Gallery
Tags: Aaron Justin Walker> Bloggers Defense Team> Brett Kimberlin> National Bloggers Club>
Swatting
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Aaron Justin Walker: People You Will See In Hell? Page 1 of 10
Home
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Aaron Justin Walker, Reginald W. Boors,
Judge Eric M. Johnson & Jason Christopher
Lay: People You Will See In Hell?
Posted on I April 20, 2012 I 5 Comments
This is filed under interesting connections. The Aaron Walker court case, which was on appeal from a
lower court ruling on a Peace Order against Aaron Justin Walker Attorney at Law, has some
interesting connections between the parties listed in the above title to this article. I will dispense with
the usual banter on what this case was about and head right to who Aaron Walker hired as his legal
defense. That person was the esteemed attorney from Maryland, Reginald W. Bours. What is
interesting about Mr. Bours is that he represented a guy by the name of Jason Christopher Lay, an
infamous child molester who had been sentenced by Judge Eric M. Johnson to 30 years confinement
in the state prison for repeatedly molesting a 4 year old girl. Mr. Bours, after a period of time, went
before Judge Eric M. Johnson and asked the court to rethink the sentence imposed on the vicious child
molester Jason Lay. His arguments were that Mr. Lay had been suffering in prison, and that suffering
http://www.breitbartunmasked.com/thugs/aaron-justin-walker-reginald-w-bours-judge-eri... 11/26/2012

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Aaron Justin Walker: People You Will See In Hell?
Page 2 of 10
was just too harsh, and because of that, he needed to be set free again because he had learned his
lesson. He asked Judge Eric M. Johnson to reduce his sentence and allow him to be freed from such
harsh confinement. Prison is just too hard on Child Molesters he reasoned. The legal arguments
presented by Mr. Bours were:
"What has happened to this defendant in the prison system is arguably worse than what
happened to the girl. He almost lost his life ... He has also been a victim, and he no
longer has the unrealistic expectation that he get probation for this offense."
I almost screamed when I read that argument. Mr. Bours further went on to say:
"You cannot look at this person over here and just say he's a monster and forget about
him. And I count on your honor to put some balance on this. I've known you a long time,
and I think you care about people. And this is somebody you should care about a little,
too."
The prosecutors went on to argue that the defendant was too vicious to be released back into society
and went on to say:
"I know your honor asks us to have an open mind. On this particular case, after trying so
many child abuse cases, we don't have an open mind about it, because it was one of the
worst cases that we've tried."
But Judge Eric M. Johnson was having none of it. The Judge's response to that argument was to say:
"He didn't snatch this child from a school playground. He was invited into the home. I
find your remorse to be genuine."
At that point he reduced the child molesters sentence by half, which allows him to see daylight in
2013. The judge went on to say that the mother should have noticed the warning signs, thus making
the mother out to be the abuser and poor old Jason Lay the victim in this case. This story is an
amazing story, and has been extensively written about here at people you will see in helL I suggest
you give that story a very careful read for it is extremely telling about the kind of court system that
allows victims to be further victimized while the abusers pretty much get off with a slap on the wrist.
Oh yes, there is also a YouTube video of it showing a protest by NOW.
http://www.breitbartunmasked.com/thugs/aaron-justin-walker-reginald-w-bours-judge-eri... 11/26/2012

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Aaron Justin Walker: People You Will See In Hell?
Page 3 of 10
That's right, Judge Eric M. Johnson cut the sentence of another child molester from 18 years to 18
months. And that case was equally as bad as this one.
Aaron Justin Walker Attorney At Law, in his appeal to the higher court of his Peace Order filed by
Mr. Kimberlin, just so happened to wind up in Judge Eric M. Johnson's court that morning, and ended
up with a quick victory for Aaron Walker with Reginald Bours attending him in the same court that
the child molester Jason Christopher Lay was essentially freed from. What I find interesting is this
tweet from Aaron Walker, who blogs as Aaron Worthing, to his close friends Patrick Frey at
Patterico.com, and Dustin his close friend and associate, and also Mandy Nagy who blogs as
Liberty_ Chick, the night before the case was due to come to trial:
Aaron Worthing
nevvs. Cheek your email.
Follow J.v
vervuood
" b
What good news could one have the night before a trial that was "very good news" to him and his
crew of malcontents? Could it have been that his attorney told him that the case was set in a friendly
court where the Judge would rule in favor of Aaron Walker? I do wonder just what "good news" that
could have been? And enough good news to let others know via tweets? Was that news essentially
that the case was automatically placed in Judge Johnson's court who was known to be a friendly
Judge to Reginald W. Bours? Knowing that the court did not assign a judge to the case until almost
10:30 am that morning, I do wonder if the fix was not in? And maybe because Reginald Bours had an
ace up his sleeve concerning this case: and that ace up his sleeve was getting Judge Eric M. Johnson
to preside over the case, who was already a known friendly Judge to Reginald W. Bours. Stranger
things have happened I am sure. And with the parties involved its no wonder that Aaron Justin Walker
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Aaron Justin Walker: People You Will See In Hell? Page 4 of 10
came away with a minor victory. Of course the case itself on that day was so totally bizarre that it
wouldn't be out of place for me to think that the fix was in ahead of the case being heard.
My other question is: did Aaron Walker know he was hiring such a lawyer? Did he care? Does he
care about who he contacts to represent him? Doeshe care that he aligned himself with a famed
attorney that seems to be a bleeding heart for vicious Child Molesters? Does he care that the man that
represented him seems to care that poor child molesters have it rough while in prison?
The mother in the above case claimed to the Judge this:
"Jason is far more capable of defending himself than was my granddaughter at age four."
The Judge replied:
"I have a daughter. I'd be mad, too. But we're in a court oflaw. We're not the way the
country used to be back in the days of the roaring West, where judges did what the crowd
wanted -just, they want to hang him, that's what the judges did back in those days."
WTF?
The interesting part about this case was that the Judge in the Walker case said somewhat the same
thing to Mr. Kimberlin in his case. He said that Mr. Kimberlin didn't have a right to be offended by
Mr. Walker's statements against him online. And while Judge Eric M. Johnson claimed
he didn't know what a blog was, but had thought it was similar to a magazine, he decided a case
against Mr. Kimberlin based upon a ruling that said that Mr. Kimberlin couldn't prove that an assault
by Mr. Arron Walker would take place again. And-because of that, Mr. Kimberlin did not have a right
to a Peace order to protect himself from Mr. Walker's continuous attacks. The funny thing about this
case was that the original Peace Order was given because of Mr. Walker's continuous tweets and blog
posts about Mr. Kimberlin, which according to the lower court Judge was harassment. Yet in Judge
Eric M. Johnson's court none of that testimony was allowed- nor was Mr. Kimberlin allowed to even
discuss it. The only thing on the Judge's mind was the January 9th 2012 assault outside the
courtroom. And the original Peace Order was not even about that, rather it was about a pattern of
conduct by Mr Walker towards Mr. Kimberlin that the Peace Order was granted in which Mr Walker
appealed, and in which Judge Eric M. Johnson refused to even allow to be brought up.
I guess that was some very good news indeed for Mr. Aaron Justin Walker Attorney at Law.
Further reading:
http:l/pysih.com/2010/05/25/jason-christopher-lay-reginald-w-bours-iii-and-the-honorable-eric-m-
johnson/
http:l/marylandfamilylaw.wordpress.com/2011/05/21/maryland-court-of-appeals-leaves-gapping-hole
-in-domestic-violence-statute-open/
http://marylandfamilylaw.wordpress.com/
http:/ /courtwatchmontgomery.org/default.asp
http://www.breitbartunmasked.com/thugs/aaron-justin-walker-reginald-w-bours-judge-eri... 11/26/2012

Case 8:12-cv-01852-JFM Document 32-4 Filed 11/27/12 Page 4 of 5


Aaron Justin Walker: People You Will See In Hell? Page 5 of 10
Category: Thugs
Tags: @Dust92 >Aaron Justin Walker> Aaron Justin Walker Attorney at Law> Aaron Worthing>
Judge Eric M. Johnson> Liberty Chick> Mandy Nagy > Patterico.com > Reginald W. Bours
Attorney At Law
Comments
5 Responses to "Aaron Justin Walker, Reginald W. Bours, Judge Eric M. Johnson & Jason
Christopher Lay: People You Will See In Hell?"
1. exas Tim
April 20th, 2012@ 10:51 am
Mr. Walker, it seems, is another Republican who loves corruption and has no morals
whatsoever. Why would anyone hire a lawyer who gets child molesters a reduction in sentence?
What a hypocrite.
2. LA County & John "Patterico" Frey Under Fire For Violation of Civil Rights
May 16th, 2012@ 9:25pm
[ ... ]will tend to believe him over Nadia Naffe. Same applies for his associations with people
like Aaron Justin Walker. If he gives Aaron a clean bill of health then anything Aaron Walker
says is to be believed over [ ... ]
3. Interviewing Robert Stacy McCain About Brett Kimberlin I Right Wing News
May 25th, 2012 @ 2:03 pm
[ ... ]is @BreitbartUnrnask so interested in Kimberlin v. Walker, etc.?
breitbartunrnasked.corn/thugs/aaron-ju ... [] COINCIDENCE, MAYBE?. @Aaron Worthing[ ... ]
4. When You Lie Down With Scumbags ... - The Liberal Grouch I The Liberal Grouch
June 24th, 2012@ 3:06pm
[ ... ]as Breitbart Unmasked reported back in April... Aaron Justin Walker Attorney At Law, in
his appeal to the higher court[ ... ]
5. A Convenient Truth
June 26th, 2012@ 6:45pm
[ ... ]Aaron Justin Walker Attorney at Law won what he termed an important victory in the free
speech for republicans only [ ... ]
Leave a Reply
http://www.breitbartunrnasked.com/thugs/aaron-justin-walker-reginald-w-bours-judge-eri... 11/26/2012

Case 8:12-cv-01852-JFM Document 32-4 Filed 11/27/12 Page 5 of 5


Patterico's Pontifications Brett Kimberlin Threatens to Sue Me; U ... http://patterico.com/20 l Oil 0/ll/brett-kimberlin-threatens-to-sue-me/
1 of48
10/11/2010
Brett Kimberlin Threatens to Sue Me; UPDATED with Second E-Mail from Kimberlin
Filed under: General- Patterico@ 8:16pm
Just got this e-mail:
To Patterico:
Please take this email as an intent to sue you for your Oct 11, 2010 post on Patterico.com which
has defamed and libeled me. I have just sued Socrates on which you rely for cyber stalking,
defamation, libel, violation of privacy and interference with business. Socrates has been banned
from many sites and forums for stalking many people including me. He is under criminal
investigation for cyber bullying and cyber stalking. By corresponding with him and relying on
his defamatory posts, you are conspiring with him and are just as liable as he.
Most of the things you write about in your post are false. If you have not removed the
defamatory piece within 24 hours, I will proceed with legal action against you and will serve
notice on your service provider that you are violating your terms of service by engaging in
false, defamatory and abusive postings.
Let me assure you that you are not the first blogthat has posted lies about me, yet each of them
has removed the offending posts once I alerted them to the facts about Socrates and his
spreading of lies.
Also, please provide me with your full name and address.
Thank you,
Brett Kimberlin
My response:
My post is based primarily on a number of published news articles. I ask you to specify
anything in my post that you claim is false. If I have made any mistakes I am always happy to
correct them. But I won't take down anything that is true.
Stay tuned.
UPDATE: Kimberlin is referring to this post of mine in which I discussed his history as a convicted bomber,
drug smuggler, perjurer, and suspected murderer.
ll/9/2012 11:01 AM

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Patterico's Pontifications Brett Kimberlin Threatens to Sue Me; U ... http:/ /patterico.com/20 10/1 0/11/brett-kimberlin-threatens-to-sue-me/
2 of48
If he actually sues, I'll let you know. I may need to establish a litigation fund. (PayPal buttons are on the
right.)
UPDATE x2 9:21p.m.: Just got this e-mail:
I appreciate the quick response. Most of the information in the post is false. As noted, I put up
with Socrates' shit for too long, and finally sued him, he has been polluting the Internet with
lies about me and Brad and now he gets a chance to defend it in a court of law.
I have no beef with you and I never even heard of you or your blog until today when I got the
Google alert. I don't want to get into a pissing match with you. I have filed over a hundred
lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of
time and money and for what. I run a small non profit that works to inspire youth to get
involved. I have only met Brad Friedman one time in my life. Your piece is a smear job against
both me and Brad. I have gotten death threats all day today because of your and Liberty Chick's
post and I have to meet with the FBI tomorrow to give them copies. Have I ever posted
anything, anywhere? Have I ever said or done anything to you?
Maybe you have some beef with Brad, but going after me to get to him is really a shameful way
of resolving it. I can tell you for a fact that Brad Blog, Daily Kos, HuffPo, RawStory, and DU
have all removed these type of posts once they were advised that they were false and that
Socrates was behind them. I really urge you to pull the post and not post anything more about
me.
Politics aside, I can see you are very passionate about what you do and I respect that. I would
be happy to meet you, shake hands, have a beer or soy chai, and just have a chat.
Thanks Pat.
Brett
My response:
Once again: my post was based primarily on published news articles. I repeat: please specify
anything in my post that you claim is false. I will correct mistakes if there are any, but I will not
remove the truth.
There are obviously a lot of other things I could say. But I am going to leave it at that for now.
Comments ( 186)
186 Comments
1. do NOT give this person your address he likes to blow stuff up
Comment by happyfeet-1011112010@ 8:19pm
2. Full name and address? Creepy ....
Comment by Eric Blair -10/11/2010@ 8:19pm
11/9/2012 11:01 AM

Case 8:12-cv-01852-JFM Document 32-5 Filed 11/27/12 Page 2 of 2


Leftist Blogger's Criminal Past Raises Questions About His Real Intent..." http://www.foxnews.com/politics/2010/10/19/leftist-bloggers-sordid-p ...
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Leftist Blogger's Criminal Past Raises Questions About His Real Intent... http://www.foxnews.com/politics/2010/IO/l9/leftist-bloggers-sordid-p ...
2 of6
Leftist Blogger's Criminal Past Raises
Questions About His Real Intent
By Ed Barnes Published October 19, 2010 FoxNews.com
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Even before his release from prison 10 years ago, Brett Kimberlin had
learned a lesson that has served him well: If you publicly accuse a
well-known political figure of crimes or misdeeds -- even without proof--
publicity and money will follow.
Kimberlin, a convicted bomber and drug dealer, learned that lesson in
1988, when he claimed from his prison cell that he had been Dan
Quayle's marijuana dealer in college. The claim got a lot of attention
because Quayle was running for vice president of the United States at
the time.
Now, 22 years later, Kimberlin has taken that lesson and made
unfounded accusations a profession of sorts. Using two popular leftist
blogs, the 56-year-old from Bethesda, Md., has raised hundreds of
thousands of dollars from the public and left-leaning foundations by
promising to put conse.rvatives he disagrees with in jail, often with offers
of large rewards. So far -- without success -- he has called for the arrest
of Karl Rove, Andrew Breitbart, Chamber of Commerce head Tom
Donohue, Massey Energy Chairman Don Blankenship and other
high-profile public figures.
A review of tax filings for Kimberlin's blogs, "Velvet Revolution" and
"Justice Through Music," raises troubling questions about whether his
"nonprofit" operations are dedicated to public activism -- or are just a
new facade for a longtime con artist.
Though neither website publicly reveals Kimberlin's role, tax and
corporate documents show that he is one of four directors who
incorporated the Velvet Revolution, and that he is the registered agent
for the tax-exempt, non-stock company, which is registered at his
mother's house in Bethesda. In 2008, the last year for which tax records
are available, Velvet took in $83,000 in gifts and
contributions.
Kimberlin is also one of two incorporators of Justice Through Music, as
well as a $19,500-a-year employee of the non-profit, whose purpose is
ll/9/2012 ll:07 AM

Case 8:12-cv-01852-JFM Document 32-6 Filed 11/27/12 Page 2 of 5


Leftist Blogger's Criminal Past Raises Questions About His Real Intent... http://www.foxnews.com/politics/2010/10/19/leftist-bloggers-sordid-p ...
3 of6
to "shed light on some of the injustices of the world through music" and
which took in more than $550,000 in contributions in 2008.
What those who view the blogs -- and those who donate to them --
aren't told is who Kimberlin is and where he's been. And that is a
twisted story, indeed.
Kimberlin grew up in a suburb of Indianapolis where, just out of high
school, he ran a large-scale marijuana operation as well as a health
food store and a vegetarian restaurant. According to accounts at the
time and public records, he became involved with an underage girl
whose grandmother objected to the relationship and tried to take her
away. When the grandmother was found shot to death in her garage,
police began focusing on Kimberlin, who -- possibly to divert attention --
began an eight-day bombing campaign in Speedway, Ind.
That bombing spree did more than cause widespread terror in
Speedway; it severely injured a man who had to have his leg amputated
and who, unable to cope with the pain, later committed suicide. His
widow sued Kimberlin and was awarded a $1.6 million civil judgment.
In the same period as the bombing spree, in 1978, Kimberlin was
arrested in Texas while preparing to receive a plane carrying 5 tons of
marijuana at a makeshift air strip he and his compatriots had scratched
out of the desert. The operation was so big, it supplied marijuana to at
least four states, according to authorities and local news reports at the
time. To help with the operation, Kimberlin would often assume the false
identity of an official from the Department of Defense.
That operation fell apart when a local printer, whom Kimberlin had
asked to create a false federal ID card, reported him to authorities, and
he was charged with impersonating a federal official.
After separate trials for the bombings, the drug offenses and the
impersonation charges -- he was suspected but never charged with the
grandmother's murder -- Kimberlin was sentenced to more than 50
years in federal prison.
And it was there that he learned the power of unsubstantiated
accusation. Just before the 1988 election Kimberlin caused a sensation
when he told reporters he had been Quayle's marijuana supplier in
I
11/9/2012 11:07 AM

Case 8:12-cv-01852-JFM Document 32-6 Filed 11/27/12 Page 3 of 5


Leftist Blogger's Criminal Past Raises Questions About His Real Intent... http://www.foxnews.com/politics/2010110!19/leftist-bloggers-sordid-p ...
4 of6
college. As word of the accusation spread, a prison press conference
was called and then canceled as reporters waited outside.
But that action by prison officials gave Kimberlin's story credence, and
he declared himself a political prisoner -- a claim that attracted Mark
Singer, a writer from The New Yorker magazine, who thought it would
make for a great story. After Singer ran a long sympathetic piece in
1992, he got a book contract to write about the fate of an American
political prisoner. The two split a large cash advance from the publisher
and began to work together.
In the process, Singer discovered that Kimberlin was far from a hero. In
fact, he realized, the man who had gotten the attention of the nation was
a liar and a con man, and he ended up writing a story of how he had
been taken in by a "narcissist." Kimberlin, for his part, who had been
released on parole after 14 years in prison, was sent back to jail for a
parole violation. The charge was hiding the money from his advance to
prevent the widow of the woman whose husband he maimed from
collecting on the bombing victim widow's civil judgment.
And it is that civil judgment that may explain Kimberlin's blog sites and
much of his existence since prison. Because of the judgment, which
with interest is now more than $3 million, anything Kimberlin has in his
own name is subject to seizure. He lives in his mother's home in
Bethesda and operates the websites out of there. It's hardly a happy
place, though; Kimberlin's mother has sued him and won a $150,000
judgment against him, and he and his wife have traded domestic abuse
charges, according to local records. It even may explain the causes of
the moment on which the websites focus their energy, likely to generate
cash.
In the past three years, Velvet Revolution and Justice Through Music
have raised more than $1.5 million. Yet Velvet Revolution hardly seems
like a dynamic organization; it has had only 10 new posts in the past six
months. And Justice Through Music, despite a voter registration effort
that simply includes an online registration form, seems to be little more
than a music website tnat plows through money each year.
Perhaps the most perplexing question on the sites' tax returns concerns
the growing rent payments from the non-profit, which jumped from just
below $10,000 in 2006 to more than $80,000 two years later. Given
1119/2012 11:07 AM

Case 8:12-cv-01852-JFM Document 32-6 Filed 11/27/12 Page 4 of 5


Leftist Blogger's Criminal Past Raises Questions About His Real Intent... http://www.foxnews.com/politics/2010/10/19/leftist-bloggers-sordid-p ...
5 of6
Kimberlin's history, what really happened to the money is a fair question.
And given his silence -- calls and messages to Kimberlin, both through
the blog and to his home address, were not returned -- it is a pressing
one.
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Case 8:12-cv-01852-JFM Document 32-6 Filed 11/27/12 Page 5 of 5


-
Form. ggo,
Return orf Exempt From Income Tax
Under section S01(c), 527, or 4947(a)(1) of the Internal Revenue Code (except blac:k lung 2010
- benefit trust cir private foundation)
Department otlhe Treasury Open tQ.P"'blie
tntemaJ Revenua SeMce The orgamzatton may have to use a copy of this retum to sat1sfy state reporting r uirements. tnspectf():rt
A For the 2010 calendar year, or tax year beginning , 2010, and ending , 20
B Check 11 applicable
0 Address change Ootng Business As
tC::.._N.:.:a"'m.:..e..:col..::.o"'rttc=:an.:::lz:.:ac:.:tlo::cn_JU::...::...::S..:T..:I:...:C:.:E::.._T::.;H=R..::O.:.:U.:.:G:.:H:....:MU=.;S:;.I=C....:.P..:.R:.:O:.:J:.:E:;.C:;.T:..._____________ --I o Employerldenbficallon no.
27-0051467
0 Namecnanga Number and street (or P 0 box 11 mrul1s not delivered to street address) Roomlsu119 E Telephone number
0 fnt1al retum
0 Tennmaled
279,675
Redacted
'oi''-'"/,,,-------------------'---------f----------
City or town, stata or country, and ZIP+ 4
0 Amended return Bethesda, MD 20817
G Gross rece1pts $
0
ApplicatiOn pending F Name and address of pnne1pal oft1car BRETT KIMBERLIN
: Redacted , Bethesda, MD 20817 H(a) O ves !&] No
-,-T-.. 0 4947{a){1)or 0 527 H{b) Areallafftltateslncluded? Q Yes 0 No
_"""'.:..: ... II"No," attacll a list (see Instruct ons)
"""''Y H(c) Group exemption number
K Fonn of orgamza11on (gj CorporatiOn 0 Trust 0 Assoc1a11on 0 Other I L Year ottorrnat1on 2 005 I M Slate oflagal dorNclle MD
I Part f I Summary
1 Briefly descnbe the organtzation's mission or most srgnificant activtlles: EDUCATE PUBLl:C Rl:GHTS AND VOTING
A-
-
c G
t
0
i
v
v
e
2
I r
Check this box .,. 0 tf the orgamza!ton dtscon!tnued tis operations or disposed of more than 25% of its net assets.
GN
bj
f!:l
I
I
I
n 3
I
a
Number of voltng members of the govermng body (Part VI, line 1a) .
e n
4 Number of independent vottng members of the govemrng body (Part VI, line 1b) _______ ..;:..0
s c
5
e
Total number olmdtvtduals employed tn calendar year 2010 (Part V,ltna 2a)
& 6 Total number of volunteers (estimate if necessary) .
Total unrelated busmess revenue from Part VIII, column (C), line 12
Net unrelated busrness taxable tncome from Form 990-T, line 34
. !-=6-t-------
A
e
y
e
n
u
e
E
X
p
8
n
s
e
s
Net
7a
b
8
9
10
11
12
13
Contrrbuttonsandgrants(PartVIII,Iine1h) RECElVEO. J:
Program servtce revenue (Part VIII, line 2g) C\i f [ g j
Investment rncome (Part VIII, column (A), lines 3, 4, an T 7 'Z011' j
Other revenue (Part VIII, column (A), ltnes 5, 6d, Sc, sci We, anC! . C1:
Total revenue- add ltnes 8 through 11 (must equal Part\J"Mlcolumn.(A),.IIIlS-:-12). 7l .
Grants and srmrlar amounts pard (Part IX, column (A),It\l:s I!Jl U .J .
14 Beneftts patd to or for members (Part IX, column (A), ltnei!)
15 Salanes, other compensalton, employee beneftts (Part IX, column (A), lines 5-10)
16a Professronal fundratstng fees (Part IX, column (A), ltne 11 e)
b Totallundrarsing expenses (Part IX, column (D), ltne 25) 0
17 Other expenses (Part IX, column (A), ltnes 11a11d, 11f-24f)
18 Total expenses Add fines 13-17 (must equal Part IX, column (A),Iine 25)
19 Revenue less expenses Subtract hne 18 from ltne 12
20 Total assets (Part X, ltne 16)
Fund 21 Total habtltlles (Part X, line 26)
Bal-
ances 22 Net assets or fund balances Subtract fine 21 from ltne 20
!Part Ul
Signature Block
7a
7b
Prior Year
Bego11111ng 01 Cumlnl Year
47,480
5,491
41,989
Under penalties of pef]ury, 1 1 have .... d ,rs mclud1ng accompanyrng schedules and statements, and to rhe best of my knowledge
and belie!, ,, 1S tn.re, co\fl>le}'\ {other than olf1cer) 1s based on all tnlormat1on or wh1ch preparer has any knowledge
Sign
Here
0
0
CUnentYear
223,739
0
11
0
223,750
0
0
48,421
0
258,810
(35, 060
End of Year
12,420
5,491
6,929
PnntfTypa preparefs name I /J ___.# /? I Date lcneck 11 PTIN
Paid MYRA LOWENTHAL lj}<""'}MV b-11-2011 sell-employed Pt?vt1ZI!36J
Preparer ______ __________________
Use Only Finn'saddress .,. P.O. BOX 296 Phonano 301-854-1701
Highland MD 20777
, IXl Yes 0 No May the IRS drscuss thrs return With the preparer shown above? (see 1nstruct1ons)
For Paperwork Reduction Act Notice, see the separate instructions. EEA Form 990 (201 0)

Case 8:12-cv-01852-JFM Document 32-7 Filed 11/27/12 Page 1 of 2


,_ ., ,,Short Form OMB No 1545.1150
Form 990-EZ
Return of Organization Exempt From Income Tax
Under section 501 (c). 5?:1, or 4947(8)(1) at !he 1n1ema1 Revenue Code
(except black lung benefit 1IUSI or private toundalion)
2010
Sponsonng orgamzatlons of donor adv1sed funds, oraanlzatlons that opemte ona or more hospltalfaclhtlll9,
and certwn controlling organizations as defmed In section 512(b)(13} must l1le Form 990 (see Instructions}
All other organizatiOns With gross receipts less than $200,000 and total assets less than SSOO,OOO
Department ot the Treasury at the end of the year may use thiS lorrn
Internal Revenue Se1V1ce ... The orgamzatlon may have to use a copy of th1s IOltum to satisfy state report1ng requirements.
Open to Public
lnspeefion
A For the 2010 calendar year, or tax year beginning , 2010, and ending
'20
B Check 1f applicable C Name of orgamzat1on
D Employer identification number
0 Address change VELVET REVOLUTION us 20-1935517
0 Name change Number and street (or P 0 box, II ma1t1s not delivered to street address) Room/suite E Telephone number
0 Initial retum
0 Tenn1nated 8100 BEECH TREE RD
0 return
C1ty or town, staie or country, and ZIP + 4
F Group Exemption
0 Apphcatl;, pendmg
"
Bethesda, MD 20817 Number ...
G Accounting Method. Qg Cash U Accrual Other (specify) H Check.,.
D
Jf the is not
I Website: ... reqwred to attach Schedule B
J Tax-exempt status (check only one)- D sot(cJ (3J IXJso1 (c)( 4 ) .... (msen no J 0 4947(a)(1) or 0527 (Form 990, 990-EZ, or 990-PF).
K Check 0 tl the organtzatton is not a section 509(a)(3) supporting organization and tts gross receipts are normally not mora than $50,000. A
Form 990-EZ or Form 990 retum ts not required though Form 990-N (e-postcard) may be required (see instructions). But if the organization chooses
to file a return, be sure to file a complete return.
L Add ltnes 5b, 6c, and 7b, to lne 9 to determine gross receipts. If gross receipts are $200,000 or more, or if total assets (Part II,
line 25, column (B) below) are $500,000 or more, file Form 990 instead of Form 990-EZ $ 77,963
I Par,t l I Revenue, Expenses, and Changes in Net Assets or Fund Balances (see the Instructions for Part I.)
Check if the orgamzat1on used Schedule 0 to respond to any question in this Part I
1 Contributions, g1fts, grants, and similar amounts received
2 Program serVice revenue including government fees and contracts
:j::: 3 Membershtp dues and assessments
1:3 4 Investment 1ncome . .
c 1'1 Sa Gross amount from sale of assets other than Inventory ; I Sa I
:; b less cost or other basts and sales expenses .
} :,-
6
c Gain or (loss) from sale of assets other than 1nventory (Subtract line 5b from ltne Sa)
.ji: Gamtng and fundraiSfng events
r- a Gross Income from gaming (attach Schedule G if greater than
$1s,ooo) . . . . . . . . . . . . . . . . . . . LL-s=-=a__JIL__ ____ --;
-'
b Gross 1ncome from fundraising events (not including $ ----------- of contnbutions
from fundratsing events reported on line 1) (attach Schedule G tf the
' lj--:6:.::_b+J -------1
e less. direct expenses from gaming and fundra1s1ng events .. l'--6--'e_.L_I _______ -{
sum of such gross 1ncome and contributions exceeds $15,000)
d Net tncome or (loss) from gamtng and fundraising events (add lines Sa and 6b and subtract
line 6c) . . . . . . . . . . . .
7a Gross sales of Inventory, less returns and allowances ..
b less cost of goods sold . . .
c Gross proftt or (loss) from sales of inventory (Subtract line 7b from line 7a) ....... ' . .:...:..
8 Other revenue (descnbe in Schedule 0) . . . .
9 Total revenue. Add lines 1, 2, 3, 4, 5c, 6d, 7c, and 8
10 Grants and Similar amounts patd (ltst tn Schedule 0)
Beneftts pa1d to or for members . . 11
Salanes, other compensation, and employee beneftts
Professional fees and other payments to independent contractors
12
13
14 Occupancy, rent, uttlittes, and maintenance
1 5 Pnnting, publ1cattons, postage, and shipping
16 Other expenses (descnbe in Schedule 0)
17 Total expenses. Add lines 10 through 16
18 Excess or (defiCit) for the year (Subtract line 17 from line 9)
-- o
... RECE.\VE .. _,
r -
. . -.-.- . . . . . UT . . .
. . . . OGDEN ....
19 Net assets or fund balances at beginntng of year (from line 27, cc:umn (A)) (must agree with
endofyear figure reported on prior year's return} .
20 Other changes tn net assets or fund balances (explain In Schedule 0)
21 Net assets or fund balances at end of year. Comb1ne lines 18 through 20
...
...
For Paperwork Reduclfon Act Notice, see the separate instructions. EEA
... IKI
77,963
2
3
4
Se
6d
7c
8
9 77,963
10
11
12
13 6,125
14 9,394
15 33,194
16 31,993
17 80,706
18 (2, 743
19 867
20
21 (1, 87 6
Form 990-EZ (2010)

Case 8:12-cv-01852-JFM Document 32-7 Filed 11/27/12 Page 2 of 2


Redacted
..
,.
Short Form
OMB No 15451150
Form99Q-EZ
Return of Organization Exempt From Income Tax
Under section 501(c), 527, or 4947(aX1) of the Internal Revenue Code
(except black lung benefit trust or private foundation)
2008
Department of the Treasury
Internal Revenue Serv1ce
"" Sponsonng organtzabons of donor advlsed funds and controlling orgamzabons as defined tn section 51Z(b)(13) mut file Form
990 All other org amzabons wtth gross recetpts less than $1,000,000 and total assets less than $2,500,000 at the end of the
year may use th1s form
.,.. mlfiJ' have to us& tt copy of th1s return to state reporllng reqwrements
A F th 2008 or e ca endar 11ear, or tax year beginning , 2008, and ending
'
'i!- Check 1! apphcable c 0 Employer ldenUflcatlon number
Please
F=
Address change
use IRS VELVET REVOLUTION US 20-1935517
I=
Name change
label or
8100 BEECH TREE RD. E Telephone number
or
F=
lmbal return pe.
BETHESDA, MD 20817
Tennnabon
ee
F=
Specific
F=
Amended return
lnstruc-
F Group Exemption lions.
Applcatlon pend1ng
Number
...
Section 501(c)(3) organizations and 4947{a1'b nonexempt charitable trusts
G Accountmg method: Cash D Accrual
must attach a completed Schedule 'Form 990 or 99fi-EZ). Other (specify) ..
H Check "" .1-J. 1f the organ1zat10n IS not
I Website: .. N/A to attach Schedule 8 (Form 990,
J Oroanlzatlon tvoe !check onlv one)- lXI 501lc) ( 4 ) .. l1nsert no.) I l49471a)(1) or I l527
99 -EZ, or 990-PF).
K Check .. l-r!1f the organ1zatton 1s not a section 509(a)(3) supporting organ1zaborand 1ts gross rece1pts are normally not more than
25 000 return IS notre wred but 1f the or antzatton chooses to f1le a return be sure to f1le a com lete return. $ q g p
l Add lines 5b, 6b, and 7b, to l1ne 9 to determine gross rece1pts; If $1,000,000 or more, file Form 990
anstead of Form 990-EZ . . . . . . .
Contr1but1ons, g1fts, grants, and s1m1lar amounts rece1ved
Program serv1ce revenue 1ncludmg government fees and contracts
Membership dues and assessments. . . . . . . . .
4 Investment 1ncome . . .
Sa Gross amount from sale of assets other than rnventory
b Less: cost or other basis and sales expenses
c Gain or (loss) from sale of assets other than mventory (Subtract In 5b from In Sa) (all sch)
6 Special events and aci1V1t1es (complete applicable parts of Schedule G). If any amount 1s from gaming, check here
N a Gross revenue (not 1ncludmg $ of contr1but10ns
u
E reported on line 1) 1--'-6-"a+---------
b Less. d1rect expenses other than fundra1s1ng expenses
E
X
p
E
N
s
E
s
c Net mcome or (loss) from spec1al events and ac!JVJtles (Subtract lme Gb from lme Ga) .
7 a Gross sales of Inventory, less returns and allowances .
b Less cost of goods sold
c Gross proftt or (loss) from sales of Inventory (Subtract line 7b from line ?a)
8 Other revenue (descnbe ..
9 Total revenue hnes 1 and
'( .. :;, ;:::i
12 Salanes, other compensation, and employee benefits ' ; '
13 Professional fees and other payments to Independent ""''"""'"t"''". H . AIJG 2. 0 ZOOS .. : i,
14 Occupancy, rent, ut111t1es, and maintenance /_ .. . . .: .. : ::_:__ :
15 Pnnt1ng, publications, postage, and sh1ppmg ,tr :--.. ,
16 Other expenses (descnbe ...
17 Total
(See the Instructions for Part II.)
Cash, savmgs, and Investments
Land and bwld1ngs
t=>-> 24 Other assets (descnbe ""
25 Total assets
"" 26 Total liabilities (descnbe ..
27 Net assets or fund 27 of column
BAA For Privacy Act and Paperwork Reduction Act Notice, see the instructions for Fonn 990.
TEEA0803L 09118108
Form 990-EZ (200S)
'f

Case 8:12-cv-01852-JFM Document 32-8 Filed 11/27/12 Page 1 of 2


Redacted
CTn
c::::::i>
<-..n
>
t-
u
0
tdl
WJ
Short Form
OMB No 1545-1150
Form 990-EZ Return of Organization exempt From Income Tax
2008
Under section 501(c), 527, or 4947(aX1) of the lntemal Revenue Code
(except black tung benefit trust or private foundation)
_. Sponsonng orgamzabons of donor adv1sed funds and controlling as defined m secbon 512(b)(13) must file Fonn
990 All o1her org- aruzabons wlh gross recepts lesslhan $1,000,000 and total assets less !han $2,500,000 at the end of lhe
Department of the Treasury year may use th1s form
Internal Revenue S&IV1Ce ,. The org=ntzZitton mey hlJve to copy of thiS retum to stJbsfy reporbng requrrements
A For the 2008 calendar year or tax year beginning 2008 and ending
'
' ' '
E!_ Checl. I appl1cable c D Employer ldenUflcaUon number
Please
=
Address change
use IRS JUSTICE THROUGH MUSIC PROJECT 27-0051467
r:j;yne change
lob"l or
8416 WESTMONT TERRACE
'=
f,nt or
E Telephone number
=
lmbal pe.
BETHESDA, MD 20817

=
SpeCifiC
Amended /\,tum
F Group Exemption
=
lions,
Apphcabon pend<ng Number .
"' Section 501{c)(3) organizations and 4947(af/ nonexempt charitable trusts
G Accounting method: Cash U Accrual
must affach a completed Schedule (Form 990 or 990-EZ). Other (pec1fy) .,..
"
H Check.,.. ,W, 1f the organization 1snot
4 Websr1e:.,.. N/A to attach Schedule 8 (Form
J Ornanization type (check one}- lXI 501(c) ( 3 ) ""'(Insert no) I l4947(a)(l) or l 1527
99 -EZ, or 990-PF).
K Check .,.. He'! the orgamzabon IS not a sect10n 509(a)(3) supporbng orgamzatlonmd 1ts gross receipts are normally not more than
$25,000. return IS not re utred but If the or an1zat10n chooses to !tie a return, be sure to f1le a com lete return. q g p
L Add lines 5b, 6b, and 7b, to line 9 to determine gross rece1pts; 1f $1,000,000 or more, ftle Form 990
mstead of Form 990-EZ
Contnbutlons, gtfts, grants, and s1m11ar amounts received
Program serv1ce revenue 1ncludmg government fees and contracts
3 Membership dues and assessments.
4 Investment tncome
Sa Gross amount from sale of assets other than tnventory
b Less: cost or other bas1s and sales expenses
R
E
c Gam or (loss) from sale of assets other than mventory (Subtract In Sb from In Sa) (att sch) -1 030.
v
E
N
u
E
6 Spectal events and act1vtl1es (complete applicable parts of Schedule G). If any amounlts from gaming, check here
a Gross revenue (not tncludmg $ of contnbut1ons
reported on line I)
b Less: d1rect expenses other than fundra1s1ng expenses
c Net mcome or (loss) from spectal events and acllVI\tes (Subtract line Gb from !me 6a)
7 a Gross sales of 1nventory, less returns and allowances r-,:-7:::.a-l---------
b Less: cost of goods sold
8
9
c Gross profit or (loss) from sales of nventory (Subtract 11ne 7b from hne 7a}
10 Grants and stmtlar amounts pa1d (attach schedule)
E 11 Benefits pard to or for members
12 Salanes, other compensation, and employee benefits.
E 13 Professional fees and other payments to Independent rnr1t"rtr.rd
14 Occupancy, rent, utilities, and maintenance.
15 Pnnt1ng, publicat1ons, postage, and shtppmg
16 Other expenses (describe.,.. E:
17 T
the Instructions for Pcort 1 .)
22 Cash, savtngs, and mvestments
23 Land and buildings
24 Other assets (descnbe.,..
25 Total assets
26 Totalliabilities(descnbe .,..
27 Net assets or fund balances w1th line
BAA For Privacy Act and Paperwork Reduction Act Notice, see the instructions for Form 990.
TEEA0803L 09118108
Form 990EZ (2008)

Case 8:12-cv-01852-JFM Document 32-8 Filed 11/27/12 Page 2 of 2


Redacted
"-
Following The Dread Pirate #BrettKimberlin's Money Trail( hogewash http:/lhogewash.com/2012/10/10/following-the-dread-pirate-brettkimb ...
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hogewash
Never pick a fight with a man who buys pixels by the terabyte.
Following The Dread Pirate
.
#BrettKimberlin's Money Trail
Posted on 10 October, 2012
3 0 Rate This
When one lays out the IRS Form 990s for Justice Through Music Project from 2005
through 2010 side-by-side, some ... ah ... interesting things can be found. Here is a table
that summarizes the total revenue and the total "occupancy" expenses claimed:
9959. 2351. 16767 15225
There's nothing especially unusual about the 'Revenue line. There were a couple of above
average years when the economy was in better shape, and donations fell as the economy
tanked.
<mockery>OTOH, the Occupancy line suggests some questions. Someone who wasn't
aware of JTMP's history might assume that the 2005 figure was a partial year's rent on a
small office space and that the 2006 number covered a full year of the same space. The
rate would be believable for Montgomery County, Maryland. The 2007 figure could be
explained as growing into bigger quarters plus some moving expenses. The 2009/2010
data could be the result of a favorable rate from a landlord desperate to keep a property
rented. It's much more difficult to dream up a scenario that explains the amount claimed for
2008. Still, the casual observer might not be suspicious.
I'm very suspicious. TDPK has operated JTMP out of a corner of his mother's basement.
ll/9/2012 11:50 AM

Case 8:12-cv-01852-JFM Document 32-9 Filed 11/27/12 Page 1 of 3


Following The Dread Pirate #BrettKimberlin 's Money Trail[ hogewash http://hogewash.com/20 12/1011 0/following-the-dread-pirate-brettkimb ...
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Perhaps one could justify paying a couple of hundred bucks a month for rent and a bit
more for heat and electricity. But $80,925! As I said, I'm suspicious, especially since JTMP
does not appear to have any other premises other than the Kimberlin basement.
Now if an engineer who is looking at this stuff in his spare time is suspicious, guess what
might happen if a forensic account got his hands on JTMP's books. Is it any wonder why
TDPK doesn't want to turn these records over as demanded in discovery in the Virginia
Walker v. Kimberlin, et at. case?</mockery>
Stay tuned.
There's a hearing scheduled in the case on 9 November. TDPK has
filed motions to dismiss the case and for a protective order against
discovery. We'll see how the judge rules on them. It's also possible
that Aaron Walker's lawyer may file motions that could be heard at the
same time. Prepare for things to get interesting.
Meanwhile, there's plenty of strange things to explore concerning
TDPK.
UPDATE-Instalanche! Thank you, Prof. Reynolds! And welcome, lnstapundit readers!
There's more coverage of the Saga of TDPK (and plenty of mockery) to be found here at
Hogewash! Please click on the Home link in the menu bar and scroll around.
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This entry was posted in Slogging, Crime, First Amendment and tagged Brett
Kimberlin, Dread Pirate Kimberlin, Form 990, Justice Through Music Project by
wjjhoge. Bookmark the permalink [http:/lhogewash.com/2012/10/10/following-
the-dread-pirate-brettkimberlins-money-trail/] .
4 THOUGHTS ON "FOLLOWING THE DREAD PIRATE #BRETTKIMBERLIN'S MONEY TRAIL"
ll/9/201211:50AM

Case 8:12-cv-01852-JFM Document 32-9 Filed 11/27/12 Page 2 of 3


Following The Dread Pirate #BrettKimberlin's Money Trail I hogewash http:/lhogewash.com/2012/10/10/following-the-dread-pirate-brettkimb ...
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Zilla of the Resistance
on 10 October, 2012 at 13:52 said:
That must be one hella fancy basement in BK's mommy's house!
R kthulhut
g on 11 October, 2012 at 01:47 said:
I'm thinkin' that there was a basement studio acquired in 2008 that got 179'd.
Reminds me of back in the day when I accidentally expensed a client's Mustang to
"auto expense."
cas127
on 11 October, 2012 at01:49 said:
Who exactly is donating money to this mock?
Are there any indications?
wjjhoge
on 11 October, 2012 at 06:11 3aid:
Past donors have included the usual suspects such as George Sores,
Terresa Heinz-Kerry, and Barbara Sreisand through their various
foundations. I haven't seen a current list.
11/9/2012 11:50 AM

Case 8:12-cv-01852-JFM Document 32-9 Filed 11/27/12 Page 3 of 3


CORPORATE CHARTER APPROVAL SHEET
** EXPEDITED SERVICE **
2" ;//
DOCUMENT CODE O.:J-.-- BUSINESS CODE_U_1_
# ______ _
Close Stock __ _
Nonstock_L
P.A. Religious __ _
Merging (Transferor) ___________ _
**KEEP WITH DOCUMENT **
liD M D1132,,1! ACK. 1000l11gg0120011
LlBER: 800730 FOLIO: 1555 PAGES: 0002
VELVETREVOLUTlON.US INC.
Surviving (Transferee), __________ _
11/30/2004 AT 01:20 p WO I 0000977917
L
------------------- NewName
FEES REivlTITED
Base Fee: __
Org. & Cap. Fee:
Expedite Fee: __
Penalty: _____ _
State Recordation Tax: _____ _
( State Transfer Tax:------
---Certified Copies
1
J
Copy Fee: ---=r::::;r"_:_ _ ___,
Certificates
Certificate. of Status Fee: ___ _
Personal Property Filings: _____ _
Other: ___ _
TOTAL FEES: ___!_(.:__/__ _
Credit Card Check
Cash
Documents on
Approved By: ---------1--
Keyed By:-------
COMMENT(S):
__Change of Name
__Change of Principal Offlce
___ .. Change ofResidentAgent
Change of Resident Agent Address
--Resignation of Resident Agent
--Designation of Resident Agent
--and Resident Agent's Address
____ Change of Business Code
__ Adoption of Assumed Name
__Other Change(s)
------------
, . ,
()() RQ <-L \?(/'
IS Q--t- L {? .,- cis ( v<-1 ()
CUST ID:0001!2&881
WORK
DATE:11-36-2004 11:20 P"
AMT. PAID:$211.06
?_C)

Case 8:12-cv-01852-JFM Document 32-10 Filed 11/27/12 Page 1 of 2


Redacted
ARTICLES OF INCORPORATION FOR A TAX-EXEMPT NONSTOCK CORPORATION
FIRST: The undersigned Brad Friedman
-----------------------------------------------------
whose address is 7107 Hillside Ave, Los Angeles, CA 90046
,----,--,--------,,----.,--:-:---,,---...,.-,-::-:--,---=ccc--:--,--------, being at least eighteen years of age, do{es)
hereby form a corporation under the laws of the State of Maryland.
VelvetRevolution. us J: NG,
SECOND: The name of the corporation is----------------------------
THIRD: The purposes for which the corporation is formed are as follows: The public welfare and
a minority for political activity.
Said corporation is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such
purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the
Internal Revenue Code, or the corresponding section of any future federal tax code.
FOURTH: The street address of the principal office of the corporation in Maryland is
810 0
Beech Tree Road
Bethesda, MD 20817
FIFTH: The name of the resident agent of the corporation in Maryland is _a_r_e_t_t_K_i_mb_e_r_l_l_ n _________ _
whose address is 8100 Beech Tree Road
Bethesda, MD 20817
SIXTH: The corporation has no authority to issue capital stock.
four
SEVENTH: The number of directors of the corporation shall be ________ which number may be increased or
decreased pursuant to the bylaws of the corporation. The name(s) of the director(s) who shall act until the first meeting or
Brad Friedman, Ben Gelt, Jeff Cohen and Brett
until their successors are duly chosen and qualified is/are ---------------------:--
Kimberlin
------------
IN WITNESS WHEREOF, I have signed these articles
and acknowledge the same to be my act.
m;:RPORATOR(S):
Filing party's return address:
Brad Friedman
7107 Hillside Ave,
Los Angeles, CA 90046
I hereby consent to my designation in this document
as resident agent for this corporation.

Case 8:12-cv-01852-JFM Document 32-10 Filed 11/27/12 Page 2 of 2


Redacted
Redacted
Redcacted
Redacted
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
Greenbelt Division
____________________________________
)
AARON WALKER )
)
Plaintiff, )
)
v. ) Civil Case No. JFM-12-1852
)
BRETT KIMBERLIN, )
JUSTICE THROUGH MUSIC, ) Billing Declaration
VELVET REVOLUTION, all above )
Defendants are located at )
8100 Beech Tree Road, Bethesda, MD )
Montgomery County AND )
The Proprietors of the website Breitbart )
Unmasked )
)
Defendant. )
____________________________________)

BILLING DECLARATION OF PLAINTIFFS ATTORNEY DAN BACKER

Under penalty of perjury, I, Dan Backer, declare as follows:

1. I am writing this declaration to support the Response To Defendant Kimberlins Motion and
Memorandum In Support Of Rule 11 Sanctions Against Plaintiffs Attorney Dan Backer.
(Motion).

2. I, and attorneys I directly and personally supervise, spent 68.75 total hours in the preparation and
drafting with respect this Motion. While billing judgment has been exercised, a substantial
amount of time was necessary to properly research and reply to this frivolous and vexatious
Motion.

3. I am assessing my fees at $183.73 per hour, which is the statutory rate under the Equal Access to
Justice Act (EAJA), 28 U.S.C. 2412 (d)(2)(A). See also Thangaraja v. Gonzales, 428 F.3d
870, 876-77 (9th Cir. 2005). While less than my hourly billing rate or that of the attorneys I
supervise, this is the rate that I would typically seek to recover in my principle area of practice
under this statute where, as here, I am not billing the client. Having found no direct guidance on
this matter within the Rules or case precedent, I, of course, do not object if the Court determines
this rate to be in excess of that typically awarded with respect to this type of matter.

Case 8:12-cv-01852-JFM Document 32-11 Filed 11/27/12 Page 1 of 2
Redacted
2

4. At a rate of $183.73 per hour, this amounts to a total of $12,631.44 in Attorneys fees. This
amount does not include time for which billing judgment was exercised. An itemized statement
of the time I spent on the case, and that of those attorneys I directly and personally supervised,
based on my contemporaneous time records is attached to this Declaration.

5. I declare, under penalty of perjury, that the foregoing facts are true and correct to the best of my
knowledge, and that any expressions of opinion are based on my best professional judgment.


November 27, 2012

Respectfully submitted,
_________/s/_______________________
Dan Backer, Esq.*
209 Pennsylvania Avenue SE, Suite 2109
Washington, DC 20003
(202) 210-5431
Danbacker.esq@gmail.com

Attorney for Plaintiffs

*Admitted Pro Hac Vice on September 10, 2012

Case 8:12-cv-01852-JFM Document 32-11 Filed 11/27/12 Page 2 of 2
209 Pennsylvania Avenue SE Suite 2109 Washington, DC 20003
202-210-5431(direct) 202-478-0750(fax)

Summary of Hours For Rule 11 Sanctions Motion in Walker v. Kimberlin et al.

Clients: Aaron Walker

Date Activity Time

Attorney

10/31/2012 Researched case law about Fed. R. Civ. P. 11 6.25


S
11/1/2012 Conducted further research into Rule 11 including local rules. 6.75


S
11/2/2012
Discussed Implications of Defendant Kimberlins threat to file Rule 11
motion 2.0


P & S
11/2/2012 Conducted Further Research into case law of standard on Rule 11 motion 2.25


S
11/5/2012 Began outlining response to Rule 11 motion 6.75


S
11/6/2012 Discussed possible ethical violations of Mr. Cohen in writing Rule 11 motion 3.0


P & S
11/7/2012 Continued outlining Rule 11 motion breaking up sections 6.5


S
11/8/2012 Drafted final Outline of Rule 11 motion 6.0


S
11/9/2012 Discussed Outline 3.0


P &S
11/12/2012 Discussed legal strategy 2.5


P & S
11/13/2012 Began drafting Response 7.0


S
11/14/2012 Continued drafting Response 6.75


S
11/15/2012 Discussed progress on Response and changes 4.0


P & S
11/16/2012 Finalized first draft of Response 6.0


S
TOTAL TIME 68.75

P = Principal Attorney
S = Subordinate Attorney



Case 8:12-cv-01852-JFM Document 32-12 Filed 11/27/12 Page 1 of 1