Aaron Walker, Michael Smith, Eugene Volokh and Clay Calvert, with The University of Florida’s Marion B. Brechner First Amendment Project, had their appeal to overturn Grace’s Law in Maryland dismissed on the 18th of August 2016. The order reads:
So, the facts of this case was documented in part in this post here on BU in July. The appellate court seems to have seen right through this untimely appeal. They ordered Walker to show cause in July as to why the case should not be dismissed, since it was not a true final order from the case Walker launched back in January of this year. Walker had filed numerous amended complaints against Judges, Prosecutors, the County Commissioner’s office, and even the State of Maryland for malicious prosecution. Each time he went to court the case against those parties was dismissed due to immunity grounds. Walker continued to amend his complaint without any Judicial oversight or complaint. Eventually, Walker filed his case against Brett Kimberlin and his wife, for that was all he had left after multiple amended complaints and multiple dismissals.
The problem in the appeal was that when Walker filed it, it appeared that it was an interlocutory appeal, which was not allowed under the rules. The appeals court previously kicked it back a few times for errors such as over the page limit stuff and other minor details with the way the case was laid out by Walker. Finally, Walker got his act together by having esteemed attorney Michael Smith help with the drafting of the appeal in the proper format. Then he added Eugene Volokh and The University of Florida’s Marion B. Brechner First Amendment Project, which is run by the esteemed Clay Calvert, add their narratives to the case itself. The case was literally doomed from the start. The reason was because Walker was not allowed under the rules to file an interlocutory appeal because the case was not yet over, for it still had the Kimberlins in court over it.
Walker tried numerous times to get Judge Mason, who is hearing the case in Maryland, to sever all the other defendants in the case who had already been dismissed so he could have a final order in which to appeal. One must wait until a final ruling in the case is given before one can appeal though. Well, the case is still ongoing, and thus no appeals can be made. Judge Mason was asked in an emergency request by Walker et al, to sever all of the other defendants as quickly as possible. He had already done this prior and the Judge gave him a final order, but the clerk of the court would not accept it. Thus Walker et al went back to Judge Mason on an emergency request to have the Judge ORDER the clerk to separate the case which he did. This of course still did not work, for the appellate court saw right through what Walker and Judge Mason were doing. And they ruled on the 18th of August that the case was dismissed in its entirety due to the fact that the case is not yet over.
Such incompetence I have never seen (except in the case of Walker), especially with such esteemed legal representatives in this appeal. One would imagine that they would do their proper due diligence on the case prior to spending time and money to file it. Proper due diligence would have shown that Walker was not yet able to appeal at this juncture. But, either they were totally stupid or totally incompetent, or they were totally taken in by Walker who should have known that the appeal was not yet ripe. Granted, Judge Mason did all he could to get Walker’s emergency motion heard above the 50 some odd motions that are still pending and have not yet been ruled on. Judge Mason literally bent over backwards for Walker to get him is severance and final order so he could continue the appeal. However, the appellant court at this juncture decided that Judge Mason is clearly in the wrong by trying to issue a final order on a case that is still ongoing. This clearly shows a serious bias by Judge Mason for Walker. Now the appeals court has its eye on Judge Mason and his rulings, and it appears at least at this point that the appeals court isn’t going to allow any shenanigans to occur.
Walker and company of course wasted their money and their efforts, and I doubt very seriously they will want to discuss it in public. Because to discuss it in public means they will look stupid because quite frankly they are. These cases of course are circulating around the country. Libertarians, which Smith and Calvert are, do not want any laws protecting minors or anyone else on the books. In this case, Walker was using this appeal to overturn a law his friend and partner William Hoge used against Bill Schmalfeldt 367 times in an attempt to have the disabled veteran jailed for the mere mentioning them on Twitter. After years of trying to have Schmalfeldt jailed over speech by using these laws, they now claim these laws are unconstitutional.
When the Kimberlin family had had enough of harassment by Walker and Hoge, they filed a Grace’s Law complaint with the commissioner’s office to get them to prosecute them for harassment, it was later nolle prossed by the prosecutors office, because at this juncture they don’t want to become embroiled in the “Hatfield and McCoy” war between Walker and the Kimberlins. But once that complaint was filed against Hoge and Walker, they claimed that the law that they had used to try and jail a disabled veteran was in fact unconstitutional. You see, if they are using the law to harass or jail someone for speaking, its OK. But once it’s used against them, it’s unconstitutional. See how that works?
Well, that appeal to be able to harass minors by removing the protections that are in place for children to prevent others from bullying them and eventually driving them to suicide was finally dismissed. And those sick twisted attorneys, as well as the Marion B. Brechner Project, should be ashamed that they even attempted to remove protections that are in place for minor children who get harassed online. Its one thing to talk about Aaron Walker’s sick twisted obsession with children, but its quite another for people like Michael Smith and Eugene Volokh and the University of Florida to beg an appeals court to overturn such protections so they can freely harass and bully children to suicide. The fact that they stayed with it this long shows what sick fucks these people truly are. But of course that is just my opinion.
Walker of course still looks as incompetent as ever. And of course his latest filings in that case are as egregious as one can get. I won’t go into detail except to note that Walker is attempting to overturn federal privacy rules by trying to use a civil case to obtain documents that are protected under various state and federal laws. But Walker doesn’t care, because Walker thinks that he’s a legal scholar and knows more about the law than anyone else does. And just because he puts something in a motion or because he issues a self signed subpoena, that somehow he can just cancel out privacy laws, HIPPA laws, federal laws, you name it, practically any law on the books he thinks he can break. After all he’s Aaron Walker, Attorney at Law and infamous Legal Scholar.
Problem is he thinks he can get away with it. But in reality he will be shown the door time and again on these issues, which shows he’s either majorly obsessed about harassing children, or that he’s as dumb as a box of hammers by believing that he can use a civil process to violate every federal and state privacy law on the books when it comes to rules and regulations that are in place, and have been in place, for years. Walker should know better, and this clearly shows he isn’t even close to being a good lawyer with a real understanding of what the rules are and what he can do and cannot do in court. As for being a legal scholar, Walker once wrote a few articles for Breitbart.com back when Andrew Breitbart was alive. Yes, Walker was a past Breitbart follower. But, because he wrote a few pieces for Breitbart, doesn’t make him a legal scholar.
My question is this; why does he continually get other right wingers in a froth about how good he is as a lawyer, when in fact he doesn’t seem or even appear to have even a basic knowledge or understanding of the law? So how he is able to get others to get in bed with him is something that no one can really figure out. But, if they want to get into bed with him and be shot down by the courts and look stupid thereafter, then oh well, too bad so sad I guess.
At least at this juncture Walker and company were shown the proverbial door by appeals court Judges who know better. I’m sure Walker will file a motion to reconsider, and maybe at some point he will be able to get someone up in the higher courts to listen to his sad tale of woe, and get them to understand his deep desire to have the freedom to harass and bully children whenever he gets the urge to do so. But for now he’s been knocked out of the game.