Kimberlin, the infamous “speedway bomber” and his cohorts have been accused both of using the courts for the purpose of frustrating constitutionally protected speech, perjury in that effort, as well as involvement in the “swatting” of various bloggers and commenters who published inconvenient facts about the domestic terrorist Kimberlin.
One of Kimberlin’s chief targets was/is Virginia blogger Aaron Walker who is currently suing Kimberlin for a variety of nefarious deeds. The update is that Kimberlin has filed a response in the lawsuit where he asks the court to stop discovery proceedings because among other arguments, proceeding would violate Kimberlin’s Fifth Amendment right against self-incrimination.
This is a big deal because unlike in criminal court where the right to silence cannot be held against a party, in civil court, taking the fifth may definitely be held against the party doing so. What criminal sanction does Kimberlin fear if he answers truthfully about his knowledge of “swatting”?
Today a hearing is scheduled in Manassas where his latest request among other motions in the case will be decided. Thanks to Aaron Walker and his lawyer Dan Backer for pursuing this litigation to hold accountable those who threaten the right of all of us to speak freely.
For further reading, check out The Other McCain’s “The Continuing Newsworthiness of the Weird Kimberlin-Rauhauser story”.