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.