All of his co-defendants’ motions were denied yesterday, but Ali Akbar was the biggest loser at a hearing held in the case of Kimberlin v Walker, et al. Montgomery County, Maryland Judge Sharon Burrell ordered Akbar to be served with process papers for the last time, telling attorney Francis Ostronic that he must give the plaintiff a valid address for his client. This brings an end to Akbar’s attempts to dodge the consequences of his ongoing defamation campaign against Brett Kimberlin. Perhaps not coincidentally, yesterday Akbar announced that he will “take a break” from organizing this year’s CPAC BlogBash party, and the Kimberlin Unmasked website has been replaced with an error page.

The process service issue momentarily complicated yesterday’s hearing for the plaintiff, who had moved to have the court declare Akbar properly served. Mr. Kimberlin has made more than one attempt to serve Akbar by mail and therefore has multiple US Postal Service documents to present the court. Apparently not understanding what they were seeing, defendants Aaron Walker and William Hoge seized on a single remark by Judge Burrell to claim that Kimberlin had forged a document. In his blog, defendant Robert Stacy McCain was more careful, but equally wrong and twice as dissonant.

Kimberlin had previously submitted a receipt for certified mail of his attempt to serve Ali on which the box for restricted delivery — “addressee only” — was not checked. Yet in court today, Kimberlin claimed to have a receipt on which the box was checked. After a lot of argument about this, Judge Burrell asked Brett to show her this receipt and, after comparing it to what he had previously submitted to the court, the judge declared that it clearly wasn’t the same document. Was this a forgery? I make no such accusation.

Mr. Kimberlin’s document yesterday “clearly wasn’t the same document” because it actually was not the same document. The defendants have once again demonstrated their malice towards Mr. Kimberlin by doubling-down on the defamation games that got them in trouble in the first place, and the court is not blind to this behavior.

As the jurist who presided over Walker’s failed attempt to suborn perjury from Tetyana Kimberlin, Judge Burrell was familiar with the background of the case and asked the defendants how they considered Mr. Kimberlin’s marriage any business of theirs: “Why do you hate him so much?” According to our sources, Burrell was visibly upset with defendants’ counsel for enabling this behavior by trying to put material into the record that she had sealed in the family court case. Ostronic, who has repeatedly claimed that Akbar still lives at an address in Texas when Akbar’s own social media stream indicates that he lives in Virginia, was overdue for a rebuke.

The hearing ended after Judge Burrell ordered Google to supply information about the email address used to create the Kimberlin Unmasked Blogspot domain. Late last night, the Kimberlin Unmasked front page was replaced with a 404 error message. The website still has not reappeared at the time of this writing.

Are the defendants finally abandoning their failed “blog court” strategy? There are signs that the defendants may finally understand how deep in trouble they really are. By the time the hearing was over and his motion to dismiss denied, Ali Akbar had already announced that he will not be hosting the 2014 CPAC BlogBash party. Declaring that “the old guard needs a break. We’re tired,” Akbar turned the party planning duties over to a trio of friends that includes Bill Murphy, his longtime partner in fake nonprofits and a fellow Leadership Institute alumnus. Akbar’s alleged fatigue seems like a convenient excuse to us, as this would be the last hour to spin off anything he values before the trial proceeds.

We will update this post if additional information warrants.

Update: KimberlinUnmasked.com is down indefinitely.

offline

  • The KU website now says it is down until further notice. On the run.

  • Interesting that earlier today, Akbar continues to defame BK, claiming victory, claiming Tonya was still with “Da Cripplerrrr”. The skeezy little felon wrote, “@rsmccain Brett Kimberlin is always losing to African Americans. Lost his wife to one, lost to me, lost something during prison term. Smile.”

    Such braggadocio from a doomed little felon.

    • We saw that. Akbar is really quite a loathesome little twerp!

  • RogerS

    Thank you for this continued insight on what occurred at the hearing yesterday. In my practice, I pay close attention to a judge’s statements when ruling on a motion to dismiss because this can usually telegraph how the case is going to go in the future. It sounds like this judge was telling the defendants that they are going to lose, and lose big. If I were the defendants’ lawyers, I would be telling them to cut bait right now because they are in jeopardy of losing their websites altogether, getting real damages that could put them into bankruptcy and losing whatever assets they have. This looks very very bad for them. And just as I had predicted last week, the federal judge is going to follow what the state judge did. In my experience over many years, I can’t think of another case where the state and federal courts made opposite decisions when faced with similar conduct regarding the same defendants.

    So it appears that some of the defendants are pulling down a vast portion of the right wing blogosphere because of their personal vendettas. They led their brethren over the cliff. The big problem for all these defendants is that the genie is out of the bottle. If I were their lawyer I would sit them down for a “clarity of light” conversation and tell them that they have already lost, so they need to limit the penalty and pain. I would be busting down Mr. Kimberlin’s door right now to settle this case. I would tell my client that things will only get worse for them, the damages will grow, if an attorney gets involved they will have to pay his fees, and the judges can take everything they have. It’s really a no-brainer at this point, and the defendants a playing with serious danger by living in denial.

    • I tried to warn them about the peril of going after a guy who litigates pro-se and wins for a living.

      • Really, if Mr. Kimberlin is such a terrible litigator then why are they still losing to him?

  • RogerS

    Mr. Ferguson–the problem with the defendants in this case is that they believed their own spin. It’s like Romney and his advisers in the last election, they bought into the FOX News propaganda. The defendants don’t get views outside their own and their sycophants. This is a huge danger for them. Anyone who warned them was accused of being on Team Kimberlin so they just went straight off the cliff with Mr. Walker leading the way. I honestly believe that he will lose his law license over this, and I believe that he will lose whatever audience he has because people will see that he has been consistently wrong. My prediction is that he will be ordered to remove content and if he won’t, whoever hosts his blog will do it for him. I predict that any of these defendants who lost yesterday and who have assets will lose them within a year.

    A piece of advice for Mr. Kimberlin. Notify the federal judge about the state judge’s denials of the Motions to Dismiss. I will bet my new car that he will follow the state judge and deny all the defendants’ motions.

    • Xcitizen10

      Bingo.

      Just wait until the cork is popped on Kimberlin Unmasked. I bet that one will be ver VERY revealing.

      • Any deposition of Lynn Thomas will be very interesting to every one of us.

    • What? They bought into their own hype? Surely, you jest!

  • Mark in MD

    Am I wrong to suspect that the reason Akbar is handing over BlogBash to others is so that he cannot be served papers by Kimberlin?

    • Zero

      That thought crossed my mind as well.

    • This is one reason. Another is that everything Akbar owns will be reduced in value while he is embroiled in these lawsuits. Recent news coverage of consolidation in the right wing blogosphere has not mentioned Viral Read alongside Twitchy or other web properties because no one wants to buy Akbar’s little company while it is currently involved in this kind of litigation.

      Also, spinning off BlogBash reduces the chance that BU will make it another embarrassment like we did last year. Akbar has left a broad trail of ill will in his wake by trashing anyone who crosses him, and in all likelihood has now discovered that the movement does not want his liabilities touching theirs.

  • Xcitizen10

    Well, it looks like Hoge attached his nipple clamps and decided that he hasn’t had enough lashings. He’s got a post up that begs the question, “if it was forgery, how did he walk out of court? ”

    lol

  • @OccupyRebellion

    “Interesting that earlier today, Akbar continues to defame BK, claiming victory, claiming Tonya was still with “Da Cripplerrrr”. The skeezy little felon wrote, “@rsmccain Brett Kimberlin is always losing to African Americans. Lost his wife to one, lost to me, lost something during prison term. Smile.” Such braggadocio from a doomed little felon.”

    Convicted felon & gay prostitute Ali Akbar (@Ali) forgets how he was also in prison. Smile.

  • Hofenbrau

    Lest we forget, Ali claims he is Arab and Black and tries to play in both camps as if his early 20 year old ass has experience in world affairs lol.

    https://twitter.com/ali/status/1237390876