IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

Southern Division
*
BRETT KIMBERLIN,
*
Plaintiff
*
v.

CASE NO.: GJH-13-3059

*

NATIONAL BLOGGERS CLUB, et al.,

*
Defendants
*
*

DECLARATION OF AARON J. WALKER, ESQ.

1.

My name is Aaron J. Walker, Esq., and I make these statements based upon my own

personal knowledge (except where otherwise indicated). I am an attorney in good standing in Virginia
and Washington, D.C. but not in Maryland. I am over 18 years of age, and if called to do so, I am
competent to testify that the contents of this declaration are accurate and true.
2.

The Plaintiff in this case, Brett Kimberlin, has repeatedly and falsely accused me of filing

documents on Mr. Allens behalf in the case of Kimberlin v. Allen, No. 339254V (Md. Mont. Co. Cir.
Ct. 2011), including particularly a motion to declare Mr. Kimberlin a public figure.
3.

The allegation is entirely fabricated. I have never submitted anything in any courtroom

on Mr. Allens behalf. It would indeed be unauthorized practice of law if I had done so, because I am
not, nor have I ever been, a Maryland lawyer (unless I was admitted pro hac vice, which I was not). It is

also worth noting that he made the same false claim to the Virginia Bar, and they found it to be without
merit.
4.

What I have done is file a number of other motions on my own behalf in that case,

sometimes through counsel and sometimes pro se. I did this because Mr. Kimberlin filed a number of
motions affecting my interests in that case. For instance, at that time I was an anonymous author on the
internet, and Mr. Kimberlin was attempting to obtain my personal identifying information through that
case, and to needlessly place that information into the public record. I also asked the court dismiss an
unconstitutional prior restraint against Mr. Allen on the grounds that it was being used as a vehicle to
file abusive subpoenas against me and others. While doing so, in emails I also privately expressed the
hope that Mr. Allen would be collaterally benefitted from my pro se filings, but I did not file any of
those documents on Mr. Allens behalf. I suspect that Mr. Kimberlin is hoping that this court will
become confused between the motions that I filed on my own behalf and the motion to find Mr.
Kimberlin a public figure that Mr. Allen filed on his ownand that this court will mistakenly believe I
filed that motion on Mr. Allens behalf. That simply is not the truth.
5.

Further, I have no reason to believe that the determination of Mr. Allens motion was on

the merits. Upon information and belief, Mr. Allen had been found to be in default in that case. Upon
examination of the online docket, it appears that the default was entered on July 14, 2011.

Mr. Allen

claimed publicly that this default was obtained by fraudulent means. Upon examination of public
records, it appears he subsequently attempted to overturn that default, and failed in that effort in a
November 14, 2011 hearing. Meanwhile, upon similar examination of public records, it appears his
motion to have Mr. Kimberlin declared a public figure was filed and denied on January 9, 2012, about
six months after that default and two months after the default had been affirmed. It was untimely and, at
2

that point, irrelevant, which is likely why it was rejected even before Mr. Kimberlin could file a
response.
6.

Likewise, the Plaintiff alleges that Defendant Walker made the same argument in a civil

case in Prince William County Virginia [sic] but the judge implicitly rejected it when he excoriated
Walker for filing a frivolous and malicious suit against Plaintiff. Plaintiffs Omnibus Opp., 86. He
also attaches a true and correct copy of a transcript from this case; yet this court would look in vain to
find reference to any claim that Mr. Kimberlin was a public figure or any determination of that claim.
The judge made no such ruling, and, indeed, it would have been illogical for him to have done so. In
that suit Mr. Walker was claiming Mr. Kimberlin had defamed him (among other things). It is of no
relevance in that circumstance that the defendant in such a suit might be a public figure, only whether or
not the plaintiff is. Therefore, it is obvious on the face of the Plaintiffs own documents that his claim
that the court found that he was not a public figure is false.
7.

I am not aware of any court reaching the merits of this question. Certainly, I have never

been able to litigate it to conclusion, and neither has any person who has been in privity with me. It is
an open question (for me, at least), but one on which I believe the evidence is pretty clear. Upon
information and belief, he terrorized an entire town for nearly a week, he accused a sitting Vice
President of buying drugs from him, he is the singer in a rock band, and the director of two non-profit
corporations. Doonesbury even made a series of comics about him. It is self-evident that he is a public
figure.
8.

Finally, it is worth noting that Mr. Kimberlin eventually obtained my true identity by

other means. I believe subsequent events have proven that his claim to have a need related to the Allen
case was false and that he had an improper motive for seeking that information. He claimed in court
3

documents in Kimberlin v. Allen that he needed my testimony at the January 9, 2012 hearing, but even
though I was present at that hearing and he was aware of my presence, he never called me to the stand.
Instead, he has used that information to stalk and harass not only me but my wife as wellapparently
believing she should suffer for the sin of marrying me. He has done the same to other enemies
including his own wife, getting her falsely arrested when she sought a protective order in Maryland
Court. I believe he will behave in similar fashion if he obtains the true identity of any other anonymous
author. Therefore, I believe this court will do the anonymous blogger Ace of Spades irreparable harm
if it allows Mr. Kimberlin to obtain her identity.

I declare under penalty of perjury under the laws of the United States of America that the
forgoing is true and correct to the best of my knowledge.

Executed on Wednesday, January 07, 2015 in Manassas, Virginia.

Aaron J. Walker, Esq.