Team Kimberlin Post of the Day

Brett Kimberlin’s life has been filled with grandiose schemes that backfired. His pseudo-black-op cover story for his dope smuggling failed, resulting in his first multiyear sentence. His attempts to use bombings to divert police energy from a murder investigation ran his prison time up to double digits. His attempts to use lawfare to stop truthful reporting about who he is and what he is doing resulted in expanded attention to who he is and what he is doing. The TKPOTD points out one of the core reasons for the failure of his lawfare.

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The Dread Pro-Se Kimberlin has been given until close of business this Friday to file any further amendments to his complaint in the Kimberlin v. The Universe, et al. RICO Madness. One reason he wishes to do so is that so much of his existing amended complaint has been gutted by the various motions to dismiss. As we wait this week for TDPK’s latest magnum opus, let’s review some of the better bits from those motions to dismiss.

Since this is my blog, I’ll start with my discussion of the deficiencies in his allegations of defamation.

32. Plaintiff is a public figure who is defamation proof. He became the object of public attention when he was tried and convicted as the Speedway Bomber. See U.S. v. Kimberlin, 527 F.Supp. 1010 (S.D. Ind. 1981) and 483 F.Supp. 350 (S.D. Ind. 1979). He broadened his fame when, while still in prison on bombing and drug smuggling charges, he claimed to have sold marijuana to then-Vice-Presidential-candidate Dan Quayle. See Kimberlin v. Quinlan, 6 F.3d 789, 791 (D.C. Cir. 1999). Further public interest was generated when his parole for the bombing and drug charges was revoked. Kimberlin v. Dewalt, 12 F.Supp.2d 487 (D. Md. 1998). It was revoked because of failure to make restitution to the widow of a bombing victim (herself a wounded victim) which was a condition of his parole. He achieved another measure of fame when he sued the Bureau of Prisons because he was not allowed to possess an electric guitar in prison. See Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003). As a public figure, he has not alleged any instance demonstrating actual malice or a reckless disregard for the truth by any of the defendants. NYT v. Sullivan, 376 U.S. 254 (1964).

33. As can be seen by the partial listing of Plaintiffs history in the paragraph above, he has considerable reputational baggage. Citizen K: The Deeply Weird American Journey of Brett Kimberlin (Singer, Mark, Knoff, New York, 1996.) is an authorized biography of Kimberlin. It insinuates that Plaintiff had an improper relationship with a ten year old girl (p. 78.), that he was suspected of having arranged the murder-for-hire of the girl’s grandmother. (pp. 82, 83.), and that the subsequent Speedway Bombings were an attempt to distract the murder investigation (p. 89.). The book tells of other unsavory actions, including Plaintiffs bragging about sabotaging military equipment while working in a prison industry (p. 184.). Plaintiffs status as public figure is not unlike Nathan Leopold’s (of Leopold and Loeb); when one commits a sufficiently infamous crime, one becomes a public figure from that day onward. See Leopold v. Levin, 45 Il1.2d 434 (1970).

34. In paragraph 181 of the Amended Complaint Plaintiff alleges that statements by the defendants concerning his behavior make him appear “odious, infamous, and/or frightening” without, as noted above, alleging which particular statement(s) by which particular defendant(s) were defamatory. However, Plaintiff in the past has tacitly acknowledged his reputation (as a perjurer, drug smuggler/wholesaler/dealer, bomber, murder suspect, etc.) is bad. See e.g., U.S. v. Kimberlin, 805 F. 2d 210, 223-24 (7th Cir. 1986). Indeed, it is so bad as to render him defamation proof. See Jackson v. Longscope, 394 Mass. 577 (1985).

There was one other problem with his allegation of defamation against me.

31. Even if the alleged statements made by Defendant Hoge be defamatory, any claim by Plaintiff is barred by the statute of limitations (Md Courts & Judicial Proc. § 5-105.) because all alleged statements by Mr. Hoge were made more than one year before the filing of the instant suit. 

It won’t matter how he amends his complaint. Brett Kimberlin is a convicted serial bomber, and, like other serial bombers (The Unibomber Ted Kaczynski, for instance), he’s now known as a notorious criminal. He’s defamation proof.

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IANAL, but my opinion that Kimberlin is defamation proof was confirmed. The defamation claim in the RICO Madness LOLsuit was based in state law, so when Judge Hazel dismissed the federal claims in that case for failure to state a claim upon which relief could be granted, he dismissed the state claims for lack of jurisdiction. However, when The Dread Deadbeat Pro-Se Kimberlin filed them as the RICO Retread LOLsuit in state court, Judge Mason dismissed them for failure to state a claim, and one of the bases for that failure with respect to defamation was a finding that Kimberlin is, as a matter of law, defamation proof.

In the process of losing the RICO Remnant LOLsuit, TDPK most likely destroyed any possibility of winning another defamation case.

Everything proceeded as I had foreseen.

4 thoughts on “Team Kimberlin Post of the Day

  1. He’s taken some hits but Brett Kimberlin has also enjoyed success along the way.

    He has a house. Maybe (likely-) more than one. I suspect that will come out in discovery some day. He drives nice cars, including one or more Mercedes in the past, by press accounts. Cars are a function of lifestyle enabled by budget. Brett runs multiple side businesses with varying degrees of success. Y’all have no idea how many different things Brett is working. Betcha’ that comes out in years to come (given the glacial pace of the judicial system). The dude is a entrepreneur in every sense of the word. One who shades and occasionally sidesteps the law, but… That’s pretty much worked out for him. Except for time spent in jail. But make no mistake- Brett Kimberlin is sitting on some money.

    The single biggest thing that amazes me about Brett Kimberlin is that he willingly went BACK TO JAIL instead of settling, some how, with his bombing victims’ family. Talk about standing on principal (whatever that is in Bretts’ mind); he did. And paid. Handsomely, methinks.

    But none of us should delude ourselves that Brett Kimberlin hasn’t enjoyed some considerable success in his life. Personal relations, likely, aside. And said financial success is his biggest weakness.

    Brett could not and can not survive a IRS audit. Tax laws have teeth. They made me memorize that for the Bar exam.

    Brett Kimberlin also knows Bill Schmalfeldt is galactically stupid.

    All of this IMHO.

    Don’t sue me, Brett.

    • Know what?

      Reading what I’ve just written lead me to think, “If I was Brett what would I do now to shut all this down? And immediately foreclose any unforeseen alternative outcomes which might be prejudicial to me personally in terms of time, money and/or personal risk…”

      I myself would find a way to pay John Hoge to go away. Quietly. And forever.

      But that’s just me.

      OTOH, nah- “The fault, dear Brutus…”

      • Ah dammit-

        I ALWAYS try to think through 3rd-order effects at minimum. I strive for 5 but rarely get there. If ONLY I COULD think, and therefore see, 5 steps or so down the road…

        But I DO, at least, TRY to think through the consequences of alternative actions considered or taken.

        Therefore. In no way to I mean to imply Mr. H could be bought off.

        I’ve already sent a email to HR to report myself. So. All the rest of you… Get off my cloud.

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