In an attempt to avoid having his deposition in his ‘color of law’ trial recorded, blogging Assistant District Attorney John Patrick Frey, AKA Patterico, has presented a BU article to a federal court as ‘evidence’ for his rather vague conspiracy theory involving Brett Kimberlin, BU, and LA gangs.

As penned by attorney Ron Coleman (see above photo), Frey’s bizarre motion returns to one of the oldest, and frankly dumbest, canards about this website, offering zero evidence to assert that Kimberlin enjoys editorial control over BU. Longtime readers will recall that I first debunked this claim more than two years ago, then began writing here as Xenophon for a while before unmasking to claim the editorial role myself a little over a year ago. That reveal put the whole right wing Kimberlin-obsessive ‘scene’ in a state of shock, for they had convinced themselves that their bogeyman was running the show at BU. Sometimes I get the impression they still don’t quite know what to make of my involvement.

But in his latest response, Coleman simply elides this rich history of his client’s friends making enormous fools of themselves to indulge in histrionics over BU’s recent coverage of the case.

Demonstrating his utter lack of acceptance regarding what does and does not constitute a legitimate use of discovery, as well as how litigants are supposed to conduct themselves, and not conduct themselves, in public while involved in litigation, Mr. Kimberlin … called Breitbart Unmasked, which reprinted portions of the responses interspersed with commentary and misstatements of fact.

That Breitbart Unmasked is permitted to report on, even where not defamatory to lie about, Brett Kimberlin and his litigation avocation is not questioned by Defendant, notwithstanding his recruitment of this Court to prevent Defendant from honest commentary of his own about Plaintiff. But that Plaintiff views, and uses, discovery – in contrast, for example, to publicly-filed material found on ECF – as a tool to generate online calumny and to inflame a situation that has already resulted in so much waste and anguish is utterly unacceptable.

Here is the article Coleman is talking about; I defy you to read it and find any “portions of the responses” therein, because I have never read or seen the actual responses to Kimberlin’s interrogatories. Instead, they were described to me by a source with detailed knowledge of their contents, which is why I did not quote them in the piece — a method of journalism that remains completely legal in the United States. And pleas against “online calumny,” “waste” and “anguish” are pretty rich coming from Frey’s camp, given that he’s being sued for using his blog, and his status as a prosecutor, to repeatedly accuse Kimberlin of committing a crime against him without ever presenting one bit of actual evidence. Frey claims there is more we haven’t seen, but now that he has to go on the record in the matter, suddenly Frey wants the trial held in secret, presumably so the taxpayers of LA County can’t see him make damaging admissions about chilling someone’s free speech.

Along with the printout of BU’s article about Ace of Spades, Coleman has submitted a rambling ‘factual declaration’ by his client, whose argument boils down to these points:

  • His family is endangered by the violent LA gangs he has prosecuted
  • Police were dispatched to his house by an unknown prank 911 caller in 2011, the very incident which he blames on Kimberlin
  • BU once published discovery material regarding co-defendant Aaron Walker that Frey (incorrectly) thought was under seal
  • Also, BU once published photos of Walker that Kimberlin took in a public parking lot

This is ludicrous. First, it’s not like Frey gets to wear a lucha libre mask to court; the gang members that he prosecutes definitely have a chance to see his face at some point during their trials. But none of them have anything to do with BU or Kimberlin, anyway, and LA’s most hardened criminals aren’t refreshing the front page of this site every hour in hopes of seeing Frey’s image. Second, reasserting the original smear that got you sued in the first place is generally considered a bad way to support your motions before the court. Third, Walker’s discovery material was never, ever sealed, which is why we know that he was fired from his job for being a bad employee and not because he wrote blog posts about Kimberlin.

And last but not least, in America Kimberlin has every right to take photos in a public parking lot — and send them by email to anyone he likes, including BU. If Frey has a problem with that, he can take it up with the First Amendment.

Nevertheless, on this flimsy basis Coleman has asked the court to put unique limits on Kimberlin, denying him subpoena powers normally available to plaintiffs and forcing him to physically file paper motions rather than submitting documents electronically. The first request verges on the unconstitutional; the latter is just pure pettiness. Together, they are a perfect demonstration of what Frey has been trying to do to Brett Kimberlin’s constitutional rights for most of the last four years — which, again, is why he’s being sued in the first place. The claim that BU will somehow endanger Frey by reporting on his case is just icing on the fruitcake.

Frey, at far left, doing a podcast with Brett Kimberlin's business partner Brad Friedman, at right
Frey, at far left, doing a podcast in 2011 with Brett Kimberlin’s business partner Brad Friedman, far right

Frey's Declaration

  • William A. Ferguson

    Uh…wut?

  • muselet

    That is one strange legal document.

    Patrick Frey’s concern that a (with all due respect) relatively lightly-trafficked site publishing pics puts him and his family at risk seems somewhat overwrought. If gangbangers can make their way to Breitbart Unmasked, they probably know how to use Google Images and WhitePages. I’m guessing without looking that the LA County District Attorney’s page has a pic of Frey and his office contact information.

    The rest of it is special pleading and a gigantic cloud of mostly-irrelevant dust kicked up to obscure the flimsiness of his position.

    I doubt the judge will laugh Frey out of court, but I likewise doubt the judge will grant Frey his protective order.

    –alopecia

    • It’s even easier than that: Frey’s house info is available on real estate sites.

      • muselet

        Whatever Patrick Frey is paying Ron Coleman, it’s ‘way too much.

        –alopecia

        • Pro bono, believe it or not. And I still think Frey deserves a refund.

    • Frey Sucks Dicks In Hell

      I wonder if he realizes that the documentation out there shows that Frey plays victim real well while acting like an online Mafioso online. Time for some screenshots of tweets showing that Frey isn’t really scared of anything, he’s only playing fast and loose with the facts as is his usual.

      • Seems like just a minute ago Frey was all up in people’s timelines making vague criminal accusations.

        • breitbartunmasked

          Let’s look at a few emails shall we?

        • breitbartunmasked

          Wow, the evidence here against Frey is astounding.

        • breitbartunmasked

          Here is one showing how they operate with the permission from the Los Angeles District Attorney’s office.

        • breitbartunmasked

          Here is one showing how they don’t care about being sued, rather they will sue and take Brad Friedman’s money. This here doesn’t show Frey being scared, rather it shows him being a “TOUGH GUY”. I think when this gets submitted in federal court Coleman and Frey will have a tough time dealing with it.

        • breitbartunmasked

          But wait, there’s more. Now we have Frey claiming that he isn’t worried over any suits by Brett Kimberlin, rather he says as a tough guy, he isn’t afraid because Brett doesn’t know the first thing about the law or how to serve him interrogatories which Frey claimed he would ignore.

        • breitbartunmasked

          However here Frey claims that Brett Kimberlin is a whiny bitch. Again, acting like a tough guy. Now we see who the whiny bitch truly is eh?

        • breitbartunmasked

          Frey: If only the FBI had their shit together we would RULE THE WORLD!!!! Of course, they wanted to launch a sting. However, does this look like a guy who is living in fear of the Mexican Mafia, or is this the face of someone actually having fun?

        • breitbartunmasked

          But wait, if Frey can put Brett in prison he would be shouting from the rooftops, but because of the “investigation” he cant say anything. But you just wait, just wait until he can tell the world and put Kimberlin in prison again, then he’ll tell the world the truth. But wait, now he wants it all kept in secret. Why is that I wonder? Afraid of the actual truth perhaps?

        • breitbartunmasked

          Now let’s see all the people that Aaron Walker contacted about his job loss which he squarely blamed on Brett Kimberlin which after the fact we all now know this was FALSE!! Now the conspiracy comes into play and look at all the media people they attempted to drag into this false narrative..

        • breitbartunmasked

          Ahh the meat and potatoes. The suspects are contacting you now, and be aware they are violent criminal suspects. And he was speaking of BU here which was questioning Frey and informing QueenofSpain what was going on. But the truth came out early from Frey in his police report. In it he claimed he and Mike Stack in New Jersey were writing about Anthony Weiner, not Brett Kimberlin.

  • Boxer Rebellion

    It appears Frey is getting everything he paid for with his pro bono representation. I don’t want to educate the obese eunuch, but I’ve got a couple of thoughts on this myself.

    1.) Patrick Frey cannot both be in fear of his life if he is made to give a video taped deposition, and enjoy one of the (previously) most popular conservative weblogs in the nation. Those two independent actions do not support each other. In fact, anything anyone has ever wanted to know about Patrick Frey, they have probably learned from Frey himself. He has a history of blogging under a thinly veiled pseudonym and has not hesitated for the past ten years to throw around his bona fides (whether it be to discredit people’s legal musings or to intimidate others that he can cause them legal turmoil-something that is 100 percent verifiably true that he is guilty of).

    2.) Anything almost anyone has learned of this monumental clusterfuck has most likely learned about it through Patrick Frey’s co-defendant, William John Joseph Hoge and his website “hogewash.com.” Indeed, Hoge is the only person who has posted this legal document and almost any others that have involved his co-defendants and Patrick Frey. In fact, if one were to go to his website right now, they would be able to read Frey’s defense for needing a protective order is because he fears reprisal from the Mexican mafia for himself and his family. Anyone who is interested can learn from hogewash.com that Frey admits his personal information is online, that he works for a “hardcore gang unit” in the Los Angeles district attorney’s office, and that he has confirmed he was swatted so the information online about his personal address is credible and verified.

    3.) Patrick Frey might have been able to skate by as a private figure, even as a popular blogger. He is pseudononymous, no matter how thinly veiled. He might have been able to say the same thing about being friends with Andrew Breitbart, who was a celebrity of national fame.

    All bets were off, though, when Patrick Frey decided to share his identity, story, occupation and swatting experience on a nationally syndicated radio show hosted by arguably one of the most famous conservative media personalities in the nation, Glenn Beck. Patrick Frey went on the Glenn Beck show and revealed just about every sordid detail he claims should be sealed under a protective order in this legal complaint, and he did it himself.

    If you ask me, I think Frey has only one of two positions he can logically take at this point. 1.) he is such a stupid dumbfuck that he did not realize that HE is to blame for his identity and occupation being all over the web. In which case he is too incompetent to do his job without compromising himself, his family, and the officers in the street infiltrating the Mexican mafia and he should be fired. 2.) John Hoge, real estate websites, the Glenn beck show, Frey’s own website, the city of Los Angeles, and the state of California are guilty of brazenly putting Frey’s information online and jeopardizing his safety.

    Lastly, a question for the class. Does anyone know of any other website or source outside of Frey’s mouth, Frey’s admission in writing on his blog that he is a big bad ass district attorney for a hardcore gang unit in Los Angeles? Yeah, I didn’t think so. The only reason anyone knows this information about Frey is because HE SAID SO.

  • tpartynitwit

    Frederico Pat….or Pederast Fred…or whatever seems like an unusually odd character to be an ADA. Furthermore, he never publishes my ridicule on his site. Help! I’m being repressed!

    • Come see the violence inherent in the system!

      • District Attorney’s Office

        Oh, talk about the violence. So, if he is so scared of being killed, how come he still gets involved in public controversies online and has “enemies” that he deals justice to by his posse (gang) that he empowered with the title of his office? More lies he passes off I to his gang guess. Frey is for all intents and purposes a mob boss. He has become exactly what he prosecutes, a gangster. And he needs to be jailed.

        • I think he literally deputized all these cranks — told them they were acting as part of an ‘investigation.’ If true, this is why Walker, Hoge, etc feel they can get away with anything.

          • breitbartunmasked

            Hoge acts like he is the internet sheriff and believes he is part of some criminal investigation. It is obvious to anyone who looks at it that Frey deputized these mental cases and they went off acting like they were working for the Los Angeles District Attorney’s office.

            If you study their emails obtained through discovery, you can quickly see that they reference the Los Angeles District Attorney’s office for contact information to those that they talk to. They are always saying: if you need to check their bona fides contact Patrick Frey at The Los Angeles District Attorneys office for verification.

            That alone shows that Frey has deputized these lunatics, and they feel empowered to conduct investigations without any Law Enforcement investigative experience or authorization whatsoever.

          • Remember when I made fun of Hoge for that and he proceeded to write scores of unintentionally-revealing “Blogsmoke” posts whilst supposedly satirizing me?

          • breitbartunmasked

            Yes I remember that. Now he plays around like he is some internet police, which shows his mental instabilities. I am sure he was on medication at some point for his psychotic episodes, but then probably got off his medication at some point and since then he has full blown mental retardation going on. Too bad,

            Rumor mill has it that he was let go from Goddard Space Center because he had too many weapons and talked a lot about shooting people like Brett Kimberlin and so forth. So while he still maintains an email position, he doesn’t really work there anymore because he was found to be a mental case and they worried he would shoot the place up or some such thing, so they told him to stay away from the Space Center until they could evaluate him.

            Since then as you can see he has taken his mental diseases on his sing-songy blog with three titles to it. That’s the mark of a serious mental case, and one wonders why these mental cases like Kincannon have meltdowns with weapons. Remember when Kincannon was a celeb on Twitter? Now, reduced to an orange jumpsuit and living full on in a Nurse Ratchett institution.

          • OMNICAST

            If the rumor is ever verified as fact, please let me know.

  • breitbartunmasked

    Frey: Prosecutor by Day, Mob Boss By Night.

    Frey: I have evidence of a crime being committed against me by Brett Kimberlin and Nral Rauhauser. I just can’t produce it (because it never really existed).

    Frey: I’m scared, my life is in danger by prison gangs which I have prosecuted for 15 years. Please don’t make me produce evidence of crimes I have committed against others.

    Frey: “We’ll Get Them”

    Frey: “It’s about the donors”

    Frey: You’re talking to the criminal suspects now”

    Frey: There is a federal investigation I helped launch. Monitor all IP’s that come to your websites, turn them over to me and I will make sure the feds get a copy.

    Frey: I would love to launch a “sting.”

  • Frey Sucks

    So Frey says he is living in fear but still acting like a tough guy on the internet? Oh please, his fake victimhood is not selling very well these days. Time to pay the piper Frey. Frey’s chickes are coming home to roost.

  • Ron Coleman Licks Balls

    Ron Coleman claims that what Brett Kimberlin has filed so far is court is violent. I’ve seen the filings, how are they violent? Coleman points to no evidence that anything Brett has filed is violent. His claims are bogus like his dumb client. I smell bar a bar complaint coming for his bogus filings.

    • Coleman is going to be remembered as the lawyer who lost to both Nadia Naffe and Brett Kimberlin.

      • breitbartunmasked

        I’m sure Coleman will be selling lanterns soon. How can he hope to win with ludicrous statements like this?

  • John Doughherty Mob Boss

    Here Coleman, try this case below on for size. I’m sure that this case will be referenced somewhere. Coleman will need to prove that Frey should somehow be protected from what Frey made a public concern. Frey is no different in this case. Frey wanted publicity, Frey sought publicity, now suddenly Frey wants it all swept under the rug into a secret trial?

    http://www.law360.com/articles/567525/philly-union-boss-can-t-hide-video-deposition-in-libel-suit

    An en banc panel of the Pennsylvania Superior Court ruled Thursday that Philadelphia union leader John Dougherty, who is suing a Philadelphia Inquirer columnist for defamation, cannot make her keep the videotaped deposition she is seeking under wraps until the public trial.

    In a published decision, the judges denied Dougherty’s bid for a protective order on the deposition in his lawsuit against Karen Heller over misstatements in a 2009 article, concluding that Dougherty did not show how he would be harmed by dissemination of the tape and that litigants do not have an unfettered right to the protection of their privacy during discovery.

    “The decision whether a litigant’s privacy interest is afforded protection rests upon a showing of good cause,” President Judge Emeritus William Bender said in the opinion. “In our view, the ‘good cause’ standard strikes an appropriate balance between competing interests, including a litigant’s privacy interests … the First Amendment freedoms of speech and access, and the court’s obligations to administer justice efficiently and prevent abuse of the discovery process.”

  • breitbartunmasked

    A+++++++++++++++++ Post Sir..

    • I don’t think anyone ever actually confirmed the gang unit part of Frey’s story.

  • RogerS

    I hope that the federal judge hands him his ass. It is routine for judges to allow pro se defendants to file by ecf with leave of the court. If the court bought Mr. Frey’s argument, then all prosecutors and police and federal agents who deal with criminals would get protective orders. This is not Tehran.