Team Kimberlin Post of the Day

Almost 40 years after Brett Kimberlin’s convictions in the Speedway Bombing case, he moved for DNA testing of some hair samples presented at one of his trials. His motion was untimely, and the District Court denied his motion. Yesterday, the Seventh Circuit Court of Appeals affirmed the District Court’s denial.

The money quotes—

We need not resolve the question how this interpretation of § 3600A interacts with § 3600(a)—both are part of the Innocence Protection Act of 2004—because another basis exists upon which this appeal may be decided—untimeliness.

—and—

We have considered Kimberlin’s remaining arguments, and none has merit.

And so The Deadbeat Pro-Se Kimberlin maintains a perfect 0.000 batting average this century in the courts of appeal.

Team Kimberlin Post of the Day

This episode of Blognet first ran seven years ago today.

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BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A blogger has been accused of stalking and harassment. Your job … get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading

Team Kimberlin Post of the Day

This post On Libel from eight years ago today dealt with one on of the more bizarre twists of The Saga of the Dread Deadbeat Pirate Pro-Se Kimberlin and his crew.

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Libel is the publication in print (including pictures); writing; or broadcast through radio, television, or film; of an untruth about someone which will do harm to that person or his reputation by tending to bring the target into ridicule, hatred, scorn, or contempt from others.

Just as there are persons whose reputation is so bad that they can’t be defamed (Charles Manson, for example), there are people whose credibility is so poor that no one in his right mind really believes what they say (a real world Joe Isuzu); such people can’t actually defame anyone.

It’s really quite sad to be dealing with someone who reputation and credibility are so poor that he fits both categories.

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No one affiliated with Team Kimberlin has come out ahead as a result of their campaign of lawfare and cyberthuggery.

Team Kimberlin Post of the Day

Brett Kimberlin claimed that he has a lawyer willing to represent him pro bono in the filling of a petition for a writ of certiorari seeking to appeal the his recent loss in the Seventh Circuit.As of close of business yesterday, nothing is on the public docket at the Supreme Court’s website. However, Kimberliin has several week’s left before the filing window closes.

Stay tuned.

Team Kimberlin Post of the Day

Team Kimberlin invariably set themselves up for failure, but I must admit I taken some pleasure in helping to grease the skids for them. The honeypot referenced in the Remember the Honeypot? title of this post from six years ago today was one of the more amusing, for me at least, interactions will Bill Schmalfeldt.

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The Cabin Boy™ discovered a website last year that “proved” Paul Krendler was up to no good, and he republished what he found here. Schmalfeldt still hasn’t admitted that he was tricked and caught by a honeypot. That’s one of the reasons that some people believe that he truly isn’t educable.

Now, the Cabin Boy™ says he’s found images on the Internet that have metadata showing they were created by “Grady, Pat,” and he’s sure that they prove that Krendler is Grady or Grady is Krendler.RD201615101431Z

I’m not going to detail all of the problems the Cabin Boy™ would have trying to build a case on that evidence or the problems he would have attempting to get such evidence admitted in court, but I will point out that Grady’s name being in the metadata Schmalfeldt published does not mean it was there when the images were created. It could mean that the Cabin Boy™ has spent $10.99 at the Ap Store.EXIFChanger

Or it could mean that someone else did. Or it could mean that whoever created the images simply put Grady’s name in the original metadata.

The Cabin Boy™ seems to get most of his exercise by jumping to conclusions.

There’s a good reason why LOLsuit VI is subtitled The Undiscovered Krendler.

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Neither the Cabin Boy™ nor Brett Kimberlin (who claims I was Krendler) ever discovered Paul Krendler’s identity. Not false criminal complaint, and not in LOLsuits VI. Or VII. Or VIII.

Team Kimberlin Post of the Day

Brett Kimberlin is not only a liar, he he doesn’t know when to keep his mouth shut. As the TKPOTD from none years ago today details, he sometimes gets trapped into telling the truth.

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What perjury boils down to is lying under oath. Brett Kimberlin is a perjurer. He was convicted of that crime in November, 1973. He doesn’t seem to have broken the habit. I have seen transcripts of his testimony during the last couple of years where he denied, for example, having had his parole revoked. One need only search for Kimberlin v. Dewalt as a legal document using Google Scholar to find out about Kimberlin’s appeal of his parole revocation.

Speaking of Kimberlin and appeals and perjury, here’s a bit from one of the Seventh Circuits decisions on one of his appeals related to the Speedway Bomber convictions [United States v. Kimberlin, 805 F.2d 210 (1986)]. Kimberlin asserted that allowing the jury to hear about his previous conviction prejudiced them against him.

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.

I don’t understand why anyone would believe him to be trustworthy.

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His criminal past seems to keep blowing up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin already had a felony conviction for perjury during the Speedway Bombings, so it was federal felony for him to posses explosives. It was also a federal felony for him to posses a firearm. The TKPOTD for nine years ago today dealt with how effect such laws are in compelling compliance by criminals.

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As I’ve mentioned before, Brett Kimberlin is running a website called NRA Watch (No, I won’t link to it.) that supports a ban on modern sporting rifles such as the AR15. Back in the ’70s, when he was prohibited by the Gun Control Act of 1968 from possessing firearms because of a felony conviction, Brett Kimberlin had a significant personal arsenal. Here’s a partial description from the appeal of his bombing conviction to the Court of Appeals for the Seventh Circuit [805 F.2d 210 (1986)]:

ATF Agent Donovan testified that in a search of defendant’s home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.

Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.

On redirect, Bixler testified, over objection, that he and defendant Kimberlin had shot a semi-automatic .22 caliber pistol with a silencer on the end of it. Kimberlin had provided this weapon. They shot it at the “airstrip,” a location which figured in the marijuana operation.

Six AR15s?

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Some how, I’ve managed to get by with only one.

Team Kimberlin Post of the Day

Brett Kimberlin’s worst mistake in all of his lawfare over the past decade was suing me. I was the first defendant to raise the argument that his reputation as a violent felon so bad that it was impossible to degrade it. The TKPOTD for eight years ago today outlined my argument.

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Here is another selection from my reply to The Dread Pro-Se Kimberlin’s opposition to the motions to dismiss from Aaron Walker and me in the Kimberlin v. The Universe, et al. RICO Madness.ECF 56-p10

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In fact, another group of defendants’ motion to dismiss the subsequent RICO Retread LOLsuit in state court was granted in part because the judge in the case found that Kimberlin was defamation proof before my similar motion was granted. But a court has now found that Kimberlin’s reputation bars any viable claim for defamation.

Team Kimberlin Post of the Day

Over the past few years, Brett Kimberlin has had a couple of appeals going to try to set aside some of this Speedway Bomber convictions. He’s been unsuccessful thus far, but he still has one of the cases before the Court of Appeals for the Seventh Circuit, and he’s announced his intention to try to get the Supreme Court to take up the other.

Kimberlin was sentenced to a 51+ year consolidated sentence for his Speedway Bombing crimes and a drug smuggling bust, and he served 13 years before he was paroled. That parole was revoked. The TKPOTD for nine years ago today dealt with that revocation.

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Most folks who have been following the Saga of The Dread Pirate Kimberlin know that he had his parole revoked, and most believe it was revoked for failure to make good on the judgment due Sandra DeLong. That’s true, but there was another reason—mortgage fraud. The following is from the U. S. District Court opinion upholding the revocation of TDPK’s parole [Kimberlin v. Dewalt, 12 F.Supp.2d 487 (1998)]:

On March 25, 1997 the Commission issued a summons that was served on petitioner on April 10, 1997, requiring his presence at a preliminary interview. Petitioner was charged with (1) submitting a fraudulent loan application by making a false statement as to a material fact when he denied having an outstanding judgments against him; and (2) noncompliance with the special payment condition. On April 25, 1997 petitioner attended a preliminary interview by Probation Officer Catherine J. Kirby. At that hearing petitioner denied the charges, claimed poverty and said he was trying to settle the matter with Sandra DeLong. Officer Kirby concluded that petitioner had fraudulently concealed from the mortgage company the true extent of his indebtedness and that he intended to “make sure that [Sandra DeLong] gets as little money as possible.”

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As of close of business on Friday, the Seventh Circuit hasn’t ruled on his pending appeal and the Supreme Court hasn’t docketed a petition for writ of certiorari from Kimberlin. I’m watching both the dockets of both courts.

Stay tuned.

Team Kimberlin Post of the Day

This episode of Blognet first ran eight years ago today.

* * * * *

BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist and his associates. One of his associates is taking the bloggers’ writings and including them in online attacks on the bloggers in violation of their copyrights. Your job … document the infringement.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Saturday, April 19th. It was warm and clear in Westminster. We were working the day shift out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 8:04 am when I got the Department Conference Room for a briefing. Continue reading

Team Kimberlin Post of the Day

The past couple of TKPOTDs have dealt with Brett Kimberlin’s ongoing appeal in the Seventh Circuit Court of Appeals attempting to set aside some of his Speedway Bombing convictions. The Gentle Readers who are not familiar with that case may find the TKPOTD for seven years ago today helpful in understanding that case. It cites a court decision related to the revocation of Kimberlin’s parole.

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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).

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One of the reason Kimberlin’s parole was revoked was his failure to make restitution to Mrs. Delong.

BTW, even he were to be successful getting his criminal convictions related to the bombings set aside, the civil judgment will still stand. Just as OJ was found responsible for the death of Nicole Simpson, Kimberlin will still responsible for the bombing at Speedway High School that injured the DeLongs.

And he’ll still be a felon because of his perjury and dope smuggling convictions.

Team Kimberlin Post of the Day

Brett Kimberlin has filed another motion asking for a freebie lawyer as counsel for any as yet unscheduled oral argument in his remaining appeal at the Seventh Circuit Court of Appeals. He’s trying to get his Speedway Bombing convictions set aside.

There’s interesting information dealing with Kimberlin’s early failed appeal in paragraph 3 where he says former Solicitor General Neal Katyal and the firm of Hogan Lovells “have agreed to represent Appellant pro bon in the filing of a Petition of Certiorari to the Supreme Court to address Appellant’s wrongful conviction, the conflicts between the circuits re coram nobis, and the corrupt actions of the Government in Appellant’s case.”

I suppose that means I’ll have to keep an eye open for a petition.

Paragraph 5 raises this question: If a big time lawyer and law firm are willing to take on his other appeal, why is Kimberlin having to ask the court to “recruit” them as pro bono counsel in this case.

Stay tuned.

Team Kimberlin Post of the Day

Part of the scam associated with Brett Kimberlin’s not-for-profits has been advocacy for stricter gun control. The TKPOTD for nine years ago today dealt with his history of being a felon illegally possessing firearms.

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One of the latest efforts of Brett Kimberlin’s Velvet Revolution US is a website called NRA Watch (No, I won’t link to it.) that is advocating for stricter gun control, including a ban on modern sporting rifles such as the AR15 and standard capacity magazines. Hold that thought while you read the following passage from page 173 of Mark Singer’s Citizen K:

To counter Kimberlin’s claim that he was temperamentally incapable of violence (“not prone to assaultive behavior”), for instance, the government cited the array of weapons that had been seized during the drug bust in Texas. Among them was a .22-caliber semiautomatic pistol equipped with a silencer. The testimony of Bixler placed this gun in Kimberlin’s hands, along with the half-dozen AR-15s he said he had bought the defendant.

At the time that he was busted while trying to smuggle 5 tons of dope in Texas, Brett Kimberlin was already a convicted felon, and it was illegal for him to possess any firearm. Did that law stop him? Straw purchases were against the law then as now. Did that stop him?

Do you think that he would have complied with a 10-round magazine limit for the AR15s he wasn’t supposed to have?

Me neither.

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Incapable of violence? Carl Delong was unavailable for comment.

Team Kimberlin Post of the Day

One of the problems Brett Kimberlin has had with his pro se lawfare is that he’s routinely failed to address issue raised by the defendants in their court papers. The TKPOTD from seven years ago today cites an example.

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Apparently, The Dread Pro-Se Kimberlin has never read any of the motions to dismiss filed in hid vexatious Kimberlin v. The Universe, et al. RICO Madness.ECF 119-3

Oh, yes we have. For example, here’s a brief selection from my motion to dismiss that deals with the lack of merit of his defamation claim.ECF 5-33Here’s a sample from DB Capitol Strategies’s motion to dismiss dealing with problems in TDPK’s false light allegations.ECF 8-VIHere’s a part of what The Franklin Center had to say about the inadequacy of TDPK’s defamation claim.ECF 16-1Among many other issues, The motion from Michelle Malkin and Twitchy noted this deficiency in TDPK’s allegations under the Ku Klux Klan Act.ECF 41-DAnd so on and so on, through the motions from Aaron Walker; RedState, Erick Erickson, RedState, James O’Keefe, and Simon & Schuster; and Glenn Beck, Mercury Radio Arts, and The Blaze.

It’s not the case that we defendants failed to point out the lack of merit in TDPK case. Rather, Brett Kimberlin chose not to correct his errors.

#Fail

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He’s continued this behavior in recent appeals in the Speedway Bombing case, and he’s lost one of those appeals so far.

Team Kimberlin Post of the Day

I mention in yesterday’s TKPOTD that Brett Kimberlin’s Velvet Revolution US stopped filing IRS Form 990s after the 2015 reporting year, and that the IRS has revoked the entity’s 501(c)4 status. Kimberlin changed its name to Protect Our Elections/EMPR Inc. in 2017.

Here’s the signature block for the VRUS 2014 Form 990 as signed by Jeffrey Cohen, who was listed as Executive Director.

Here is the signature block for the 2015 Form.

The signature clearly do not match. Note, for example, the forward slant of the C in Cohen in the 2014 document and the backward slope of the C in the 2014 filing.

Backward slant is common in the handwriting of left-handed writers. Brett Kimberlin, who has a history of forging documents, is left handed.

Team Kimberlin Post of the Day

Brett Kimberlin has an appeal before the Seventh Circuit Court of Appeal seeking to overturn some of his Speedway Bombing convictions. His appeal is based on hair evidence (which he introduced) not being available for DNA analysis. He’s filed his opening brief, and the DoJ has filed the government’s response.

Kimberlin’s reply brief was due next Monday, but he managed to get it filed yesterday.

The case is now fully briefed, and it has not yet been scheduled for oral argument.

Stay tuned.

Team Kimberlin Post of the Day

Back in 2017, Bill Schmalfeldt had worn out his welcome in Wisconsin and had moved back to his home town in Iowa. He managed to get a driver’s license and bought himself a beater. It appears that he managed to ruin a couple tires by running up against a curb. The TKPOTD for five years ago today dealt with the false narrative he tired to spin about the result of his poor driving.

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The Cabin Boy™ continues to make a fool of himself.He keeps throwing stuff at the wall, and nothing sticks.

His $465 “vandalism” won’t result in a felony warrant. Criminal mischief causing less than $500 damage is a misdemeanor in Iowa.

Of course, I don’t believe the Cabin Boy™ filed a police report, but if he did, IA Code 718.6 raises some interesting possibilities.

UPDATE—I see from the Comment Section that the Cabin Boy™ has tweeted a selfie that includes a business card from a policeman, and that card appears to have a case number written on it. I suppose that means that the Cabin Boy™ is even more foolish than I thought, and he really did file a police report. (I really need to stop giving him the benefit of the doubt concerning intelligence or wisdom.)

*yawn*

If past is prologue, he’s probably all spun up about seeing the full weight of the law coming down on his enemies. We’ve seen this before.

So not everything is proceeding as I have foreseen. The Cabin Boy™ is exceeding my expectations for stupidity.

I need another cup of coffee.

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Speaking of coffee, Murum Aries Attigit mugs are available at The Hogewash Store

Everything Is Proceeding As I Have Foreseen

Special Counsel John Durham has released an email which tends to confirm that Michael Sussmann was lying when he told James Baker of the FBI he was not representing a client. The mail reads

Jim – it’s Michael Sussmann. I have something time-sensitive (and sensitive) I need to discuss, Do you have availibilty [sic] for a short meeting tomorrow? I’m coming on my own – not on behalf of a client or company – want to help the Bureau. Thanks.

If he didn’t lie when speaking to Baker, he lied in the email.

UPDATE—The message was a text rather than an email.

Team Kimberlin Post of the Day

This episode of Blognet first ran eight years ago today.

* * * * *

MUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. A group of bloggers have been writing about the activities of a paroled domestic terrorist and his associates. He, in turn, had been seen stalking some of those blogger, and photographs related to that stalking have been published on the Internet. Your job … connect the dots.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual crime. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end. From crime to punishment. Blognet is the story of the good guys in action.

MUSIC: Up and out.

SOUND: Footsteps in hallway.

FRIDAY: It was Friday, March 1st. It was clear and unseasonably warm in Westminster. We were working the evening shift out of Internet Detail. My partner’s Liz Smith. The boss is Twitter Town Sheriff, W. J. J. Hoge. My name’s Friday. It was 7:36 pm when I got back to the office.

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