Team Kimberlin Post of the Day


One of the most persistent wastes of Internet bandwidth inflicted on the Universe by Team Kimberlin is the op-critical dot com website that allegedly promotes The Dread Deadbeat Performer Kimberlin’s band Op-Critical. Seven years ago, I posted #BrettKimberlin and Op-Critical which noted … oh, I’ll let it speak for itself.

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Tuesday night, I posted a review of the CD released by Brett Kimberlin’s previous band Epoxy. His most recent music group is called Op-Critical. The band has a website, a rather stale one that doesn’t appear to have been updated for several years.

While nosing about the site, I found these lyrics as part of a song called Fork

I am losing all control and I just don’t know what to do …

Yep, we are controlling transmission. If we wish to make it louder, we will bring up the volume. If we wish to make it softer, we will tune it to a whisper. We will control the horizontal. We will control the vertical. We can roll the image, make it flutter. We can change the focus to a soft blur or sharpen it to crystal clarity.

You have gone past the outer limit of what you might have been able to control, but the truth will bring clarity. But clarity may not be your friend.

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Yep. The result of The Dread Deadbeat Pro-Se Kimberli’s lawfare campaign of brass knuckles reputation management was that he lost control of his public persona.

Oh, and as for the op-critical dot com website, it doesn’t seem to have been updated since my post was published in 2012. Here’s a snapshot of it from yesterday evening.

Team Kimberlin Post of the Day


It’s the seventh anniversary of the post that’s had the most hits here at Hogewash!Review: “Nothing Else” by Epoxy (#BrettKimberlin).

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Back in 2002, Brett Kimberlin fronted a band named Epoxy and released a CD called Nothing Else. The story he spun promoting the album was that it contained songs that he had written while he was being held as a political prisoner in the federal prison system.

The band consisted of Brett Kimberlin on guitar and vocals, Wade Matthews on Bass, and Robbie White on Drums. The genre of the album is someplace between grunge and punk, neither of which are among my favorite musical forms.

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.” On most of the tracks his voice was off key, usually flat.

Most of the songs could have been filler tracks on a generic grunge album. Some of the alienation in them seems to be more appropriate for a 17 year old, not someone 30 years older. Mr. Kimberlin was in his late 40s when the recording was made. However, three of the songs stood out. Vicegrip was actually interesting musically. Donuts had clever lyrics. It’s about lousy prison food and would probably get a nod of approval from G. Gordon Liddy.

Then there’s the last cut Keyhole. It was outstandingly bad. Mrs. Hoge and I met while we were in the music business, and during her career as a recording engineer, she recorded more gold and platinum records than I did. Her comment was, “If you’re gonna mike a guitar that close, you should use a better guitar and make sure it’s in tune. And get a better guitar player.”

While he didn’t do especially well with the acoustic guitar on Keyhole, Brett Kimberlin is actually a reasonably good guitarist. He probably couldn’t cut it in Nashville or LA, but could make a living in a minor market (such as Seattle) or playing the Holiday Inn circuit. Indeed, the world would be a better place if he did ignore the usual advice and give up his day job.

Nothing Else by Epoxy (Pollen Records, $16.04 from Amazon) is interesting because of who recorded it, but I can’t honestly recommend it for the musical experience it offers.

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This exchange from a somewhat delayed comment is a favorite of mine—

In one of his multitude of LOLsuits, The Dread Deadbeat Performer Kimberlin complained that the reporting here at Hogewash! was interfering with his business as a musician and composer. Certainly, the review above could be characterized as adverse. OTOH, the Gentle Reader can check out the Op-Critical and Justice Through Music video still lurking on YouTube and form his own opinion concerning TDPK’s talent and commercial viability as a musician.

In another of his LOLsuits, The Dread Deadbeat Pro-Se Kimberlin claimed that part of his job description at Justice Through Music Project included filing lawsuits “seeking redress in federal court for violations of his civil and statutory rights.” Considering his track record, it may be that his day job has given up on him.

Team Kimberlin Post of the Day


One of Brett Kimberlin’s persistent hallucinations is that he’s going to have a career as a musician or as a music producer. The TKPOTD for six years ago today dealt with one aspect of that fantasy.

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There’s a Maryland corporation called Act Up Enterprises Inc. It was founded in 2011 by Brett Kimberlin “to provide entertainment services to musicians.” So far, it has one artist signed. She’s Tetyana Kimberlin’s elder daughter.

The company doesn’t do much to promote itself or its artist. Here’s its web page.actup_homeVarious websites related to the sole artist affiliated with Act Up refer to it as an artist management company and a record label—an artist management company with no bookings for its client and a label with no releases.

Hmmmm.

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Over next few years after that TKPOTD was posted, The Dread Deadbeat Promotor Kimberlin tried to jumpstart the career of Act Up’s sole artist. When she was unsuccessful, TDPK tried to place the blame on truthful reporting of his past and present activities by various bloggers. He even went so far as to file criminal complaints against Aaron Walker and me, alleging that our truthful reporting on him had harassed Tetyana’s daughter. Although Aaron and I were charged, the State quickly dropped both cases for lack of evidence.

Act Up’s artist used to have a fairly extensive website. It now looks like this.

And Act Up’s site now looks like this.It’s almost is if TDPK has realized that he’s not cut out for a career in music, and this bit of information from the State of Maryland Department of Assessment and Taxation does tend to support such a conclusion.

Of course, it could be that Kimberlin is simply a bit behind in his paperwork because he’s been busy protecting our elections and doing other important things.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin represented the Dread Deadbeat Performer Kimberlin in a LOLsuit against the U. S. Bureau of Prisons. The TKPOTD from six years ago today described the case.

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In November, 1997, Brett Kimberlin filed a complaint because the Bureau of Prisons would not allow him to play music on an electric guitar. An amendment in the Budget Act had banned the use of electric and electronic instruments in prisons except during worship services. The U. S. District Court in D. C. decided his case (in favor of the BOP) in late May, 2001, just a couple of weeks before his second release. The following is from the court’s decision [Kimberlin and Rice v. U. S. Department of Justice and Bureau of Prisons, 318 F.3d 228 (2003)]:

Plaintiffs assert that an acoustic guitar is not equivalent to an electric guitar. According to plaintiff Kimberlin, it is impossible for him to play his songs on an acoustic guitar. He is not able to make long, sustained notes. Also, he cannot perform a technique called “vibrato” because the strings on an acoustic guitar will not bend or sustain like those on an electric guitar.

Notwithstanding, BOP has not prohibited all musical expression, only the use of electrical instruments. An active music program and other informal means of musical expression still exist. Plaintiffs contend that an electric guitar is essential to their musical expression. Thus, they argue, banning this instrument is an absolute ban on their musical expression. Plaintiffs are incorrect in asserting that music created by an electric instrument is a distinct expression protected by the First Amendment. This Court has not found, and plaintiffs do not cite, any cases addressing this proposition. Accordingly, the issue is whether BOP’s policy impermissibly limits a prisoner’s First Amendment right to express himself through music by banning one of several mediums by which a prisoner can musically express himself.

Plaintiffs argue that to require them to express themselves musically on an acoustic instrument would be akin to requiring rap musicians to sing ballads, or Muslim prisoners to attend Catholic religious services. Plaintiffs insist that they cannot perform their music on acoustic instruments.

Plaintiffs are free to express themselves musically using other instruments, such as an acoustic guitar. Like the prisoners in Amatel, plaintiffs are only limited, not deprived. They can perform music written for an electric guitar on an acoustic guitar. This is not the same as expression on an electric instrument, but it is certainly an alternate to such expression. Moreover, plaintiff Kimberlin has stated that he has written a song which he can hear in his mind, but cannot perform, edit, polish, or get feedback. He may discuss the notes, lyrics, and ideas with others as a means of expressing himself through his music and getting feedback. Again, this is not the same as playing the electric guitar, but it is an alternate that allows him to express himself musically.

Well, like a group of real musicians once said:

No, you can’t always get what you want,
But if you try sometime, you just might find
You get what you need.

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Given the lack of of success that The Dread Deadbeat Performer Kimberlin has had with his attempts at a musical career (as evidenced by “music” videos on YouTube, the Bureau of Prisons might have wound up with suits from other prisoner raising Eighth Amendment issues if Kimberlin’s LOLsuit had been successful.