Team Kimberlin Post of the Day

One of the sillier claims that Brett Kimberlin makes related to his recently filed case with the Seventh Circuit Court of Appeals of some of his Speedway Bomber convictions is that the charges for being a felon in possession of explosives should be thrown out because (I’m not making this up) the government can’t prove that he knew that he was a felon as a result of his perjury conviction.

In a lower court, Appellant argued that his conviction for the simultaneous receipt of explosives and blasting caps could not stand under Rehaif [a 2019 case] because he was a mere teen who had only served two weeks in the county jail on a perjury charge, so there was no way he could know that he was a convicted felon.

Kimberlin’s understanding of his status as a felon has already been examined by the Seventh Circuit Court of Appeals. Here’s a bit from one of that court’s decisions on one of his appeals related to the Speedway Bomber convictions. United States v. Kimberlin, 805 F.2d 210 (7th Cir. 1986). Kimberlin had asserted that allowing the jury to hear about his previous conviction prejudiced them against him. The court disagreed.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

After he lost the Kimberlin v. Walker, et al. nuisance LOLsuit in 2014, Kimberlin promised that his enemies would see lawsuits “for the rest of their lives.” He took a break after losing Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. National Bloggers Club (II), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. Hunton & Williams, et al. (II), Kimberlin v. Hoge, Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al.—but since 2018 he’s had this case going against the United States.

Even with all our troubles, I suspect that the United States will outlive Brett Kimberlin. Perhaps his curse of lifelong LOLsuits has boomeranged.

Stay tuned.

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