On Tuesday evening I posted Wednesday’s TKPOTD a few hours early to take note of a ruling in the U.S. District Court in Indianapolis denying a petition to vacate some of his Speedway Bombing related convictions. You can read that post here. Over the next few days, we’ll take a look at how that civil case progressed, but first, let’s take a look and the underlying criminal case. It turns out that Kimberlin also filed paperwork in that case and his motion to vacate that convict as unconstitutional was also denied.
Dread Deadbeat Pro-Se Kimberlin’s Motion to Vacate in the criminal case.
I find it ironic—but definitely not amusing—that Brett Kimberlin would complain about being haled into court by an allegedly unconstitutional attack on his First Amendment rights.
Kimberlin filed his Motion to Vacate pro se, and he did not have counsel until the case was almost a year old.
As the judge noted in her opinion, it’s reasonable for the government to want to prevent confusion about who is and who isn’t a federal law enforcement officer, and Kimberlin’s behavior while wearing his kludged-up uniform with a DoD police patch gave the impression that he was holding himself out as a DoD police officer. He was not play acting, he was impersonating. His conviction will stand.