Dan Backer Screws the Pooch on His ‘Case of a Lifetime’

Jeff Cohen, the attorney representing the nonprofit organizations Justice Through Music and Velvet Revolution in the long-running lawfare between Aaron Walker and Brett Kimberlin, took it upon himself to call Walker’s attorney, Dan Backer early in the timeline of Walker’s amended complaint which dragged JTM and VR into his personal vendetta against Brett Kimberlin.  Cohen asked Backer to please consider dismissing the case against JTM and VR as the case was literally too frivolous for the organizations to bother with.  Eventually, Backer decided he might see his way clear to dismissing his case against  JTM and VR, provided:

• The organizations get rid of Brett Kimberlin, terminate their involvement with him and agree to never fund anything he ever did in the rest of his life;
• Disclose all information about the Organizations that would normally be available in discovery, including detailed financial statements, bank statements, and other information; and
• Cut a check. Call it a “reasonable financial settlement” to compensate Walker for his “injuries” with respect to Mr. Kimberlin’s potentially improper use of the Organizations’ outside the lawful scope of their tax-exempt purpose.

Cohen saw this for what it was.  Extortion. And if you know anything at all about this case, you are aware that at the time (even to this date) Walker had been feeding his readers and conservative donors a steady diet of horseshit saying that he and his wife had lost their jobs because of the terrible, terrible “terrorism” of Brett Kimberlin. If you believed the lie, you would be forgiven for thinking Walker and Backer were fair in their request to have Kimberlin terminated.

Of course, as proven here and elsewhere, it was a lie.  It still IS a lie.

Walker was not fired because of anything Brett Kimberlin said, did, wrote, thought or imagined. Aaron Walker was fired for the reasons outlined in a story we published before, reprinted earlier today, and will stand by forever.  He was fired, according to the lawyer hired to fire him, because he was a shitty lawyer who blogged on company time, worked mostly on his personal business and fight with Kimberlin, instead of focusing on the work he was being paid to do.  He created an “Everyone Draw Mohammed Day” blog, tweeting and blogging all day about evil Muslims and begging extremists Muslims to “come and get him”, along with a host of other job killing conduct.

The reason James Hodges of Hodges and Associates gave for firing Walker had nothing whatsoever to do with Kimberlin. But Aaron Walker could not bring himself to blame himself or his own actions for his misfortune.  A check of the e-mail exchanges between Walker and such Andrew Breitbart acolytes as Mandy Nagy and Los Angeles County Assistant District Attorney Patrick Frey (who blogs under the name “Patterico” and is in hot water for his own, unrelated conduct at the moment) shows a clear pattern of conspiracy to “get” Brett Kimberlin before Walker was revealed as the “Aaron Worthing” who was assisting a whiny little knucklehead in a lawsuit against Kimberlin.

It couldn’t be HIS fault that he and his wife were fired!  It was that bastard KIMBERLIN who exercised his right to know the name of a lawyer assisting an adversary in court.  Kimberlin would have to pay.

Backer was asked to dismiss the Federal case against Kimberlin based on these facts and others. But Backer couldn’t do that! He gnashed his teeth, pulled out chunks of hair, tore his tunic and shrieked that he had “waited his entire life for this case.” This case was the key to the BIG time for Backer!  Sky’s the limit!

It was…

“THE CASE OF A LIFETIME!” STARRING DAN BACKER AS THE HEROIC LAWYER

Heh.

I remember seeing a movie called “A Civil Action”.  It was about an attorney with a large law practice and plenty of money to throw around who was brought down by a large corporation that happened to be poisoning a small towns populace. The attorney risked everything to defend them and eventually lost everything he owned by doing it.

Now, most in the legal profession would define THAT sort of cause as “the case of a lifetime”. Imagine the decision — risk everything you have to defend the people of a town or leave them to their misery. I came away from the movie thinking that this was a case every lawyer dreams of having on his desk.

Backer must have seen a different movie.

He thinks that harassing a liberal activist who was convicted of past crimes and has paid his debt to society is the dream case for which he has waited his entire life.

The dream case had a nightmare ending for Backer and Walker. They were figuratively thrown out of the federal courthouse and told “don’t come back.”

Case of a lifetime? Please. Not for any responsible lawyer who truly honors his oath to the bar and his status as an advocate and an officer of the court.  It’s not a “case of a lifetime” if it is filled with false narratives by counsel and plaintiff alike and all manner of ludicrous, ridiculous legal filings that have had no basis in fact.  This is the legal profession.  If you want to write pure fantasy and fiction?  Write reality shows for Fox.

Throughout the case, judges have found against Walker and Backer.  Now, a respected heavyweight on the bench, a federal jurist who has been practicing law longer than Mr. Backer or Mr. Walker have been alive – has come to the considered determination that Backer and Walker should take their comedy act on the road and leave his courtroom available for actual cases.

Walker is a liar. He is an Islamophobe who hates Muslims more than he loves his own wife, from all appearances.  He has told one false story after the next. He has made legally baseless claims, filed numerous motions all demanding lunatic fringe requests as if they were matters of settled law, and has duped gullible conservatives out of their hard earned cash.  He did it for the money he pocketed and continues to pocket.  He did it with the help of a fraudulent organization called the National Bloggers Club, with the help of fellow frauds like Ali Akbar and Devon Wills and John Dennis Pedrie and Michelle Malkin, all directors of the NBC, Inc., which claimed a 501(c)3 status the IRS did not bestow. When the NBC, Inc. got too hot, he left the donation link on his website– ironically named “Allergic to Bull” — and put a NEW Pay Pal link for stupid people to “Help Preserve Free Speech” with their donations to the Bloggers Defense Team.  And who are they?

DB Capitol Strategies, in partnership with RightSolutions, a 501c3 public charity, is building a nationwide team of lawyers to fight those who would silence online free speech. Our first salvo in that effort has been to file a federal lawsuit today against Brett Kimberlin, seeking, in part, an injunction to prevent the state from ever again arresting Mr. Aaron Walker, an American citizen, for exercising his right to free speech, and to release him from any prior censorship restrictions imposed by unlawful judgements.

Can you guess what the DB in DB Capitol Strategies stands for?  Correct.  Dan Backer.

The case against Brett Kimberlin was a fraudulent action from start to finish. The scheme was to break Kimberlin personally and financially and to raise enough money from conservative dupes to get away with it while making a tidy little profit at the same time. All during this ordeal, instead of working for a living, Aaron Walker nurses at the teat of his tea party donors, taking the money they earn, using it to sit at home all day playing video games and tweeting and blogging to his heart’s content. Stupid people gave him their money.  And now, he needs more.

Backer and Walker are going back to the well again, claiming yesterday’s dismissal is just a temporary setback — never mind that they lost their most valuable and precious possession; which is their federal case.  They will ask you, Gentle Reader,  to donate more money to the cause, even though they were just handed their asses and their hats (which are interchangeable) and told to get the hell out of the courtroom.

I don’t know if they believe they lost anything or not.  I do know they will spin this devastating loss into some way of convincing the stupid that they should dig into their Christmas savings and send money, send money, send money.  Never mind they are asking you to fund an ungodly expensive appeal process of a case that was dismissed before it even reached the beginning discovery phase.

Do they actually think they have a chance in a cold hell to win on appeal when a federal judge of Judge Motz’s character and stature threw them out before they even got their lame old horse of a case into the starting gate? Are Tea Party conservatives actually that idiotic? Wouldn’t they have to be to put any more money on the head of this broke nag?

Life is like a box of chocolates. You never know what you are going to get. Well Mr. Backer, your case of a lifetime was just thrown out. You lost. You lost real bad. You were humiliated. If you were a stock, there would have been a rush to sell your losing ass before the closing bell.

Go ahead.  Come up with the funds and appeal so you can lose again. Most of the people you are asking to fund your legal tragicomedy appeal will probably not be around 5 years from now when your case comes back denied.

Those who haven’t died? They will have all forgotten about the money they gave you by then right? So might as well gin up the conservative base once more and head back to the well for the “case of your life.”

The case of your life. Sure. Why not? If you’re a low-rent legal cockroach.

As for Aaron Walker, he will probably keep selling that metaphorical swamp land in Florida to anyone who will buy it. And if that doesn’t work out, there’s a bridge in Brooklyn he’d like you to take a look at.

Hey. Beats working for a living.