Team Kimberlin Post of the Day


On June 11, 1980 petitioner was sentenced to four years following his conviction in the United States District Court for the Southern District of Texas for conspiracy to possess with intent to distribute marijuana.

On November 3, 1980 petitioner received a consecutive 12 year sentence following his conviction in the United States District Court for the Southern District of Indiana for possession and illegal use of Department of Defense insignia, illegal use of the Seal of the President of the United States, and impersonation of a federal officer.

On June 4, 1981 petitioner received a consecutive five year sentence following his conviction in the United States District Court for the Southern District of Indiana for receipt of explosives by a convicted felon.

On December 30, 1981 petitioner received a 50-year concurrent sentence from the United States District Court for the Southern District of Indiana for possession of an unregistered destructive device, unlawful manufacturing of a destructive device, malicious damage by means of explosives, and malicious damage by means of explosives involving personal injury. As set forth in his presentence report, during a six day period in September, 1978 eight bombs made of Tovex 200 dynamite were detonated in the Speedway, Indiana area. One bomb, placed in a gym bag in the Speedway High School parking lot, detonated on September 6, 1978, when it was picked up by Carl and Sandra DeLong after a high school football game. Sandra DeLong received permanent nerve damage caused by bomb fragments in her leg. Her husband Carl lost his right leg and two fingers. Carl DeLong received additional injuries to his inner ear, stomach, chest, neck and arm due to bomb fragments, and endured a series of operations. On February 23, 1983 Carl DeLong committed suicide at the age of 44.

On October 23, 1983 a Marion County, Indiana jury awarded $360,000 to Sandra DeLong for her injuries, and $1,250,000 for the wrongful death of Carl DeLong. The Indiana Court of Appeals reversed the wrongful death judgment, holding that Carl DeLong’s suicide was, as a matter of law, an intervening cause. The Supreme Court of Indiana reinstated the wrongful death judgment on June 13, 1994, finding that Carl DeLong’s death “was within the scope of harm intended by Kimberlin’s intentional criminal conduct.”

Sandra DeLong attempted to collect on her judgment by obtaining a writ of attachment against petitioner’s prison commissary account after a United States Probation Officer informed her that petitioner regularly transferred money to someone outside the prison. Petitioner promptly sued Mrs. DeLong, her lawyer, the probation officer, and various Bureau of Prisons and Department of Justice officials for money damages. Petitioner’s action was not successful. See Kimberlin v. U.S. Department of Justice, 788 F.2d 434 (7th Cir.1986).

Kimberlin v. Dewalt, 12 F.Supp.2d 487, 489-490 (D.Md. 1998).

When Did America Forget That It’s America?


That’s the title of an op-ed over at WaPo by Natan Sharansky. He compares how America stood up to the Soviet Union with its failing to do so with Iran.

But in today’s postmodern world, when asserting the superiority of liberal democracy over other regimes seems like the quaint relic of a colonialist past, even the United States appears to have lost the courage of its convictions.

I’m not sure exactly when America forgot who we are, but I know who did the forgetting. It was my generation. Our parents had grown up during the depression and been on the front lines of World War II. As President Kennedy noted in his inaugural address, they were

tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage—and unwilling to witness or permit the slow undoing of those human rights to which this Nation has always been committed, and to which we are committed today at home and around the world.

When it was their turn to lead, our parents carried on with the struggle against tyranny, and faced down the Evil Empire.

Their children—my generation—were raised in the relative prosperity of the ’50s and ’60s and many of us avoided service in war when it was our turn. To paraphrase JFK, we have been relatively untouched by war, undisciplined through years of apparent peace, unsure of our heritage—and quite willing to permit the undoing of human rights in far-off lands so long as we aren’t discomforted.

We’re leaving one helluva mess for our children and grandchildren, and I suspect that it is our grandchildren who will face a world not unlike the one faced by our parents.

Kalends


The kalendae (Latin for the called) were the first days of the months on the Roman calendar. On that day, the priests would announce the number of days remaining until the beginning of the next month so that debtors would know how much time they had before their debs were due.

Team Kimberlin Post of the Day


Every once in a while, I find it useful to present a review of some of the names used for Brett Kimberlin and Team Kimberlin and how they have evolved. After all, not all the Gentle Readers have been following The Saga since May, 2012, as I have.

Back in May, 2012, Brett Kimberlin had secured an unconstitutional gag order against Aaron Walker that prohibited Aaron from even speaking or writing about Kimberlin publicly. I began referring to Kimberlin as Lord Voldemort (i.e., “He who must not be named”) and his supporters as Death Eater Wannabes. After the gag order was overturned, it wasn’t long before Kimberlin put up a pirate-themed fundraising website called the Bloggers Offense  Fund. (That was an attempt to play on the name of a site called the Bloggers Defense Fund.) That’s when I began referring to Kimberlin as The Dread Pirate Kimberlin.

TDPKVarious members of Team Kimberlin have earned positions on the crew. These include First Mate Neal Rauhauser, Cabin Boy Bill Schmalfeldt™, Very Ordinary Seaman Ferguson, Chief Pedo Officer Gillette, and 57F Osborne.

In mid 2013, Kimberlin upped the ante in his campaign of lawfare. He filed suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. He sued us in a Maryland state court for $1,000,000 claiming a bunch of stuff that boiled down to defamation and false light invasion of privacy in the end. Following the Team Kimberlin lawfare strategy, TDPK sued us without hiring a lawyer. Self-representation is referred to a acting pro se. Thus, The Dread Pirate Kimberlin morphed into The Dread Pro-Se Kimberlin.

TDPK has also been referred to as The Dread Pedo Kimberlin and The Dread Performer Kimberlin in reference to the charges filed against him by his wife and to his singing, respectively.

I’ll conclude with these words which were originally posted in September, 2012—

The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

UPDATE—As Ron Coleman notes in his comment below, some of the defendants in the RICO Madness have surrendered to TDPK. However, most have not. Four of us beat him in state court. The same four and our codefendants will also beat him in federal court.

Quote of the Day


Se magis consuetudine sua quam merito eorum civitatem conservaturum, si prius quam murum aries attigisset se dedidissent; sed deditionis nullam esse condicionem nisi armis traditis. That he should spare the city in accordance with his custom rather than giving them what they deserved if they should surrender themselves before the battering-ram should touch the wall; but that there was no condition of surrender, except upon their arms being delivered up.

—Julius Caesar, Commentarii de bello Gallico, II, 32