Aaron Justin Walker, Attorney at Law… (mmmmmph…. pardon me a moment. It’s hard to even type those words without shooting coffee through my nose. Let me clean off my screen…)
(There. That’s better. Let’s continue.)
…lost his federal case yesterday, just one day after Jeffrey Cohen, the legal representative for Justice Through Music and Velvet Revolution, filed a rather short 2 page dismissal claiming that the case was on the surface nothing but hot air.
The interesting part of the motion says this:
One need not waste time regurgitating the case law in connection with a 12(b) 6 motion. The sum total of Plaintiff’s story is: maybe…just maybe your Nonprofits did something. I have no idea what that something is, but guilt by association is enough to drag you through the mud, cause you to waste time and money, and somewhere along the line my crazy and ill thought out fishing expedition may yet prove…..NOTHING. This is the sum total of the Plaintiff’s case against the Nonprofits.
Later it goes on to say:
Counsel for the Nonprofits would be remiss not to mention the only other reference to the Nonprofits in the amended complaint, yes there are only two in the entire amended complaint, in order to provide this Court the sum total of Plaintiff’s “pleading” : upon information and belief defendant Kimberlin uses the nonprofits he runs as a cover for less than honorable conduct. Such insupportable balderdash does not nudge the claims “across the line from conceivable to plausible.”
There is nary a fact that pertains to the Nonprofits in this entire amended complaint that suffices to overcome a 12(b) 6 motion. Counsel need not waste more of the courts time.The motion to dismiss is warranted and should be granted with whatever additional relief the court deems necessary.
Judge Motz ruled the very next day on the motion to dismiss, which was less than a week after Brett Kimberlin filed his own motion to dismiss.
Cases are rarely heard or ruled on this quickly in Federal Court. The fact that the case was heard and decided by a Republican judge who has been on the bench since Aaron Walker was a wee lad of 13 years and not even shaving yet, let alone contemplating a law degree, speaks volumes about Aaron Walker and his Federal lawsuit against Brett Kimberlin.
The fact that Mr. Cohen, who represented the Nonprofits, was able to file such a small motion to get his point across, while Walker and his Counsel Dan Backer from DBCapitol Strategies filed motions large enough to fit into book narrative, speaks volumes about how these two jerkwater Tea Party Attorneys are probably regarded in legal circles.
So. What does this mean to Walker, to Backer, and their lickspittle lackeys in the Breitbart media? Toads like R. Stacy McCain, W J. J. Hoge and the like?
WE’RE WINNING! IT’S A TEMPORARY SETBACK. WE WILL RECOVER AND SURVIVE AND PREVAIL!
IT’S JUST A FLESH WOUND! I’LL BITE YOUR LEGS OFF!
Of course Walker has been tweeting today that he and Backer are filing an appeal. “The Other McCain” R. Stacy Blah Blah scribbled in his blog this Backer quote:
The court decided to duck the entire matter as a “dispute between political enemies”, and we disagree with his assessment as to the Court’s inability to grant the remedies sought. We disagree with the ruling and its failure to address in any way even a single point of substantive law raised by either party, nor did it take into consideration our response to Rule 11 filed yesterday, or our forthcoming Opposition to the Motion to Dismiss by the Organizations, which the court should have considered before granting that particular motion.
We plan to pursue all available options, including an appeal, once our focus is no longer on the 12/04 hearing in Virginia.
My opinion: The court didn’t duck the entire matter as a dispute between political enemies.
Rather the court saw right through the bogus federal complaint and dismissed it outright.
Now, if I may, a word on this “Dismissed with Prejudice” statement that had W.J.J. Hoge leaving spit flecks all over his computer screen:
The court ordered in its memorandum when ruling on a sanctions motion brought by Mr. Kimberlin against Mr. Walker and his Counsel Mr. Dan Backer for bringing this suit:
In any event, although Plaintiff is cautioned that the institution of any similar suit in the future may result in the imposition of sanctions.
He denied the sanctions motion that Mr. Kimberlin filed, but cautioned or warned the Plaintiff Mr. Walker that ANY SIMILAR SUIT IN THE FUTURE MAY RESULT IN THE IMPOSITION OF SANCTIONS.
I don’t know how anyone with more than a nodding acquaintance with the law, who has seen an episode or two of “Law and Order”, could read this and see anything less a stern admonition from the judge that “I don’t want to see your faces in my court on this matter again, and if I do and it’s because of something filed by you, Walker, or you, Backer, then you better bring your checkbooks and deeds to all your property because you will need those to get out of the court house. What the judge did is hand Backer and Walker their hats and their asses, which are seemingly interchangeable, threw them out of the courthouse where they squashed their hats when they landed on them and said, “Fare the well.”
So, if Walker and Backer, the “Laurel and Hardy” of the DC-area legal community, are thinking of walking back into that courtroom to tell Judge Motz that they are going to appeal, expect to see the following:
If they want to get Kraken-bit, this is entirely up to Mr. Walker and Mr. Backer, one supposes. I can see that now and know that it probably will be a very costly day for them. Where that payment will come from is anyone’s guess since the fools who have been parted from their money to prosecute this case, to this point, will no doubt be dispirited and non-enthused about dipping into their Christmas Club funds to give Abbot and Costello another shot at Kimberlin. We can talk about the costs inherent in an appeal in a future piece. A hint. It’s a lot.
Some things, however, are worth more than money. Indeed, Mr. Backer seems hell-bent on flushing his entire career down the toilet of Walker’s frivolous court actions and false narratives, which tells me that stupid is as stupid does.
So, Mr. Backer, ruin your life or career, wreck your financial well-being for a bottom-dwelling liar like Walker? Your choice. March back into that courtroom and tell Judge Motz you are going to appeal his ruling. I imagine his eyes will gleam as he glints his teeth in a grin and orders the court deputy…
RELEASE THE KRAKEN!