Team Kimberlin Post of the Day

It was Brett Kimberlin who first used the marxist term false narratives to describe truthful reporting on his past and present activities. He was also the first to start using false stories (lies) as the bases for his claims in court. The TKPOTD for nine years ago dealt with one he’s kept bringing up.

* * * * *

Did you ever watch Gunsmoke on TV? Do you remember the opening? The guy down the street draws his gun first. Matt Dillion draws and fires in response. Now, pointing a gun at someone is assault, and shooting him is battery. And killing him is homicide. So why doesn’t Matt Dillion wind up on the gallows? Because Matt, unlike Han, shot second. He was responding to the threatening actions of the other guy which makes his assault (and homicide) justified.

The same principle applies in the alleged assault of Brett Kimberlin by Aaron Walker. The Dread Pro-Se Kimberlin made what to a reasonable person could be a threatening move by raising his iPad up as if to strike Aaron Walker, and Mr. Walker took it away from him. (TDPK now claims that he was simply trying to use the iPad’s camera to take a picture of Mr. Walker. Photography is forbidden in Maryland courthouses without a judge’s express permission.)

When TDPK sought a peace order based on the altercation, he claimed assault as one of the bases. When a judge heard both sides of the story during the final hearing in the District Court, he found that any assault that might have occurred was a justified response to TDPK’s provocation, and assault was dropped as a basis for the peace order. The Circuit Court later ruled that there was no basis for a peace order at all and threw it out.

Actually, an assault may have occurred on the 9th floor of the Montgomery County Circuit Courthouse on 9 January, 2012. Brett Kimberlin’s threatening gesture toward Aaron Walker may have constituted an assault. Regardless, TDPK’s claims of being assaulted are pure nonsense. They’ve already been reviewed by a judge and thrown out. They’re in the same category as his claim of selling dope to Dan Quayle or his sooper sekrit exoneration or so many of his fanciful tales.

Lies.

* * * * *

And a big difference between Matt and Brett is that Matt never shot himself in the foot.

Team Kimberlin Post of the Day

Brett Kimberlin’s Breitbart Unmasked website initially went live on server in The Netherlands, but it moved to onshore hosting after a year or so. However. it moved back offshore after Bill Schmalfeldt published post containing material lifted from Hogewasht! without permission. When I filed a DMCA takedown notice, the site moved from its U.S.-based hosting rather than provided contact information for service of court papers. Six years ago today, I posted about GS13 Editor Bill Schmalfeldt and how He Bravely Turned His Tail and Fled.

* * * * *

When DMCA raised its ugly head,
He bravely turned his tail and fled.
Bravest of the brave, Sir William!

Rather than obey U. S. copyright law, Breitbart Unmasked Bunny Billy Boy Unread has fled to an off shore server. So Marcus Crassus can talk tough hiding on a server in Iceland, but seems to be afraid to speak his mind here in America.

#Cowards

UPDATE—Lest the Plagiarism Polizei become excessively agitated, let me state that the short ditty above is a parody of the song about Brave Sir Robin from Monty Python and the Holy Grail. Furthermore, the parody is not my creation. I saw it, or something very much like it, in a cartoon published by a cockroach.

* * * * *

I did some digging, and I found a copy of the cartoon I mentioned above.

Heh.

Team Kimberlin Post of the Day

I’ve recently had some request for more background on Brett Kimberlin and his campaign of lawfare. The TKPOTD from seven years ago today is a good summary of the first five years of the Saga.

* * * * *

Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.

I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).

As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.

By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.

All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.Molon_Labe

* * * * *

Kimberlin’s focus for most of the past five years has been his failed attempt to attack his Speedway Bombing convictions. A couple of weeks ago, the Supreme Court put the kibosh on that by denying his appeal.

Team Kimberlin Post of the Day

One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.

* * * * *

In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

* * * * *

Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.

Team Kimberlin Post of the Day

Although it has lain fallow for over four years now, on of Team Kimberlin’s principal PR organs was the Breitbart Unmasked website. The site’s occasional editor Bill Schmalfeldt call it his “prime source for news, hearsay, lies and innuendo. Oh, yeah. Smears, too!” Eight years ago today BU published a long defamatory screed attacking Aaron Walker, and it was full of hearsay, lies, innuendo, and smears. And sealed court discovery, too! That’s only the opening paragraph. The Gentle Reader can find the whole post still active on the BU website.

Here’s Bill Schmalfeldt’s concern troll comment to the post.It wasn’t Aaron Walker’s blog about free speech and pictures of Muhammed that drew Brett Kimberlin’s interest and ire. It was Aaron’s pro bono legal assistance to a left-wing blogger who Kimberlin had sued for defamation.

It’s was Kimberlin’s attacks on Aaron’s First Amendment rights that backfired and drew the attention of the blogosphere to past and current activities.

Team Kimberlin Post of the Day

Brett Kimberlin’s lawfare campaign has been a failed attempt to use the courts to suppress the First Amendment rights of the those of us who have written about his past and present activities. In fact, this blog took no notice of him until his attacks on blogger Aaron Walker. Ten years ago today, I took a look at how Kimberlin’s lawfare was going with this post titled Dread Pirate #BrettKimberlin and Reputation Management.

* * * * *

So what’s the result of a year of TDPK’s brass knuckles reputation management via lawfare? When one googles him, this is the result.dpk20130121

He’s “best known as the perpetrator of the Speedway bombings in 1978.”

The truth is still out there.

* * * * *

And now, the Supreme Court has denied Kimberlin’s petition seeking to set aside his bombing conviction.

The truth is still out there.

Team Kimberlin Post of the Day

Sometimes, a blog’s comments are better than the post itself. That was true for the TKPOTD from seven years ago today.

* * * * *

Last week was a pretty good week. Aaron Walker’s motions to dismiss and for summary judgment were granted in the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit. The remaining motions in the case will be heard on 10 March. It wouldn’t surprise me if the case is completely over after that hearing.

res_judicata_tshirtJudge Mason threw out all of the claims against Aaron on two grounds. First, he granted summary judgment on all the claims except part of the invasion of privacy nonsense on the basis of res judicata. He also granted summary judgment on the same bases as his motions to dismiss the six defendants who were dismissed back in September. Those includes failure to state a claim upon which relief can be granted and lack of personal jurisdiction for out-of-state defendants. (The court might have had personal jurisdiction over Aaron based on the battery claim, but that was wiped out by res judicata.)

The judge also found that The Dread Pro-Se Kimberlin had failed to state a claim upon which relief can be granted concerning the privacy torts TDPK alleged that weren’t covered by res judicata.

popcorn4bkThe net of this is that TDPK probably has no case left. Each of the other out-of-state defendants can point to rulings for the seven defendants who have been dismissed and say, “Me too!” Ali Akbar and I can point to Aaron’s ruling concerning res judicata and say, “Us too!” (But Ali may not have to bother because TDPK hasn’t served him.)

It will be interesting to see how Team Kimberlin spins out of control between now and 10 March.

Stay tuned.

* * * * *

Several commenters responded with limericks.

Charles Hudson
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,
for his fantasy was but a …

… I can’t quite figure out that last word. Someone help me out here.

Vigilans Vindex
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

So now he’s a case for the DA.

BusPassOffice
And his good friend was a child pornographer
made stories without a photographer
but he preyed on small young boys
with nothing more than filthy noise
And then ran from the gathering stenographers

AJ Fornicarius Hoc
There once was a bomber from Speedway,
who whined to the courts for more leeway.
His motions were tossed,
and his cases were lost,

But sanctions? Not likely will he pay.

Heh.

Team Kimberlin Post of the Day

One of the reasons why Team Kimberlin has maintained a perfect batting average of 0.000 with their LOLsuits is their reliance on crackpot legal theories. This Legal LULZ Du Jour ran seven years ago today.

* * * * *

JWR smallThe Cabin Boy™ has been hitting the … um … the books … yeah, that’s it … hitting the books over at the Acme Legal Law Library and has come up with another couple of cockamamie theories. He really doesn’t understand the doctrine of res judicata.

YGNQ201601121918Z

I’ve never claimed that Roy Schmalfeldt’s allegations against the Cabin Boy™ are true. What I have noted is that by dismissing his lawsuit against Roy with prejudice, it now a settled matter that the Cabin Boy™ could not prove that what was said was false. I’ve also noted that the legal doctrine of res judicata prohibits The Dreadful Pro-Se Schmalfeldt from ever suing his distant cousin Roy over those statements again. By extension, if it wasn’t defamatory for Roy to make those statements before 19 August, 2015, it still shouldn’t be defamatory now.

Should someone else say the same thing about Bill Schmalfeldt? I wouldn’t advise it. However, it is not defamation to report the factual outcome of a court case or to offer an opinion about the future consequences of that case.

YGNQ201601121920Zpopcorn4bkThe Cabin Boy™ sued “Roy Schmalfeldt” and lost. The fact that the Cabin Boy™ didn’t know for sure exactly who he was suing doesn’t affect whether res judicata applies. The Cabin Boy™ is suing an unknown Roy in his LOLsuit VI: The Undiscovered Krendler, and res judicata shields that Roy from any thing that the Cabin Boy™ sued or could have sued about prior to 19 August, 2015. If TDPS decides to ID a particular person as “Roy Schmalfeldt,” that should have the affect of transferring the res judicata shield to that defendant.

The Cabin Boy™ should ask The Dread Pro-Se Kimberlin about res judicata and it’s bite.

* * * * *

As we saw in Brett Kimberlin’s latest loss at the Supreme Court, even a white shoe law firm has trouble saving a case when the facts and the law are against you.

BTW, Res Judicata goodies are available at The Hogewash Store.

Team Kimberlin Post of the Day

The whole of Team Kimberlin’s lawfare campaign was a pack of lies aimed at undermining the credibility of bloggers and reporters who were writing about Brett Kimberlin. Now, you’d think that people with that much practice at lying would at least be competent at it, but competence was rare among the members of Team Kimberlin. The TKPOTD for nine years ago was about an attempt by Matt Osborne (aka Xenophon) to lie about the progress of one of Kimberlin’s LOLsuits.

* * * * *

Xenophon is telling lies over at Breitbart Unmasked again (No, I won’t link to it.)—BU20140114Z9871receiptWhat really happened was that The Dread Pro-Se Kimberlin’s motion for alternate service on Ali Akbar was denied. You see, Maryland Rule 2-121(a) requires that service of process via mail be by Certified Mail, Return Receipt Requested, Restricted Delivery. Unfortunately, TDPK didn’t check the box for Restricted Delivery on the Certified Mail green card. Also, and this is confirmed by the USPS mailing receipt he filed as an exhibit in his RICO status of service report, he didn’t pay for Restricted Delivery either. The Restricted Delivery charge in 2013 was $4.75 in addition to the $5.65 for Certified Mail with Return Receipt. Sure enough, the copy of the green card that Kimberlin filed with his motion for alternate service does not have the Restricted Delivery “Yes” box checked. Even if he had mailed the package to correct address, service would have not been valid.9871_a

Meanwhile, TDPK was unhappy that Ali’s lawyer was not being cooperative, that is to say, was looking out for his own client’s interests. In a fit of pique, TDPK filed a motion for sanctions against Ali’s lawyer, and, to make sure that he got it right this time, he included an exhibit that showed the green card with the box checked.9871_b

And he got caught.

And Judge Burrell was not amused by having two versions of the same document from the same party. Motion denied!

Furthermore, at no time during the hearing did Judge Burrell verbally order Ali’s lawyer to disclose Ali’s current address to TDPK, and she has not sent any such written order to Ali’s lawyer.

So what we have here is a notorious liar lying about what happened when a convicted perjurer got caught filing an apparently forged document with a court.

#Fail

* * * * *

That one check mark wound up costing Kimberlin dearly.

Team Kimberlin Post of the Day

Brett Kimberlin’s appeal got denied by the Supreme Court because even with real lawyers writing his petition and real lawyers filing a supporting amicus brief, there were neither facts nor law from which he could make a case. The Legal Lulz Du Jour from seven  years ago today gave an example of how poorly Team Kimberlin did when they tried acting pro se, that is, representing themselves.

* * * * *

It obvious from these tweets that the Cabin Boy™ still hasn’t read N.C. R. Civ. P. 5(b1).NQ201601130350ZNQ201601130352ZBTW, Sputnik 1 decayed out of orbit on 4 January, 1958. The last Sputnik satellite was an amateur radio satellite. (My son William received a QSL card from the operators of the satellite.) That was Sputnik 41, and it decayed out of orbit on 11 January, 1999.

* * * * *

The case, in which Bill Schmalfeldt was trying to defend himself involved restraining order. Of course, this is the quality of what he filed …

Team Kimberlin Post of the Day

In yesterday’s TKPOTD, I took note of Brett Kimberlin’s felony convictions that he had racked up prior to the Speedway Bombing trials. Ten years ago today, this post about Dread Pirate #BrettKimberlin and Gun Control looked at the weapons in his possession when he was busted for drug smuggling.

* * * * *

Those who feel that adding more laws to the 20,000+ gun control laws now on the books will have any effect on reducing crime should consider the case of Brett Kimberlin. He was convicted of a felony before he turned 20. As a felon, he is barred by federal law from possessing a firearm. With that in mind, let’s take a look at what Mark Singer writes on p. 106 of Citizen K about what TDPK had in his possession when he was busted for drug smuggling.

… strobe lights, walkie-talkies, a twenty-thousand-watt searchlight, bulletproof vests, handcuff, two Taser electric-shock-inducing stun guns, several military uniforms and berets bearing United States Special Forces and Special Officer and Department of Defense and American flag patches, U. S. Postal Service uniforms, a 20-gauge shotgun, a .22-caliber revolver, a .22-caliber automatic pistol with a silencer, a.38-caliber revolver, a box of silicone-sealed .38-special shells loaded with cyanide, a gas mask, and eight pairs of panty hose.

Other passages in the book mention TDPK in possession of an AR-15 rifle.

TDPK was not impressed by and had no respect for the Gun Control Act of 1968 that outlawed his possession of firearms. You know, it might just be the case that other criminals will be willing to break that law, and enacting more laws probably won’t restrain them any more effectively.

* * * * *

Of course, The Deadbeat Pro-Se Kimberlin’s legal career consisted of nothing except shooting blanks.

Team Kimberlin Post of the Day

Now that the Supreme Court has denied Brett Kimberlin’s attempt to have his Speedway Bombing convictions set aside, it will be interesting to see if he finally decides to put an end to his lawfare. His status as a felon was never in doubt. He was convicted of perjury about dealing LSD before he turned 20, and he pleaded guilty to dope smuggling charges in the late ’70s. Even if he’d found a way to quash the bombing convictions, he’d still be tagged with those felonies. He would still be under all of a felon’s legal disabilities, so why bother?

One theory I’ve heard advanced is that the convictions for violent felonies have turned off potential donors to his not-for-profits.

Maybe. Maybe not.

Team Kimberlin Post of the Day

Many of my favorite posts about Team Kimberlin were those announcing a win by one of their opponents in court. Those posts were often titled Qapla’ (the Klingon word for “success”). I hurriedly published yesterday’s Bonus Team Kimberlin Post of the Day during my lunch break. I probably should have titled it Luj (the Kinglon verb for “to lose”).

Team Kimberlin Post of the Day

It was eleven years ago today that Brett Kimberlin tried to use his iPad to take a picture of Aaron Walker in the waiting area outside Judge Rupp’s courtroom in the Montgomery County Courthouse. Given the context of the of the statements The Dread Deadbeat Pro-Se Kimberlin had made, Aaron interpreted Kimberlin’s movements as threatening, and he acted to disarm Kimberlin by taking the large object Kimberlin was brandishing out of his hands.

Things went downhill from there, and TDPK built a false narrative around the event which resulted in a bogus peace order against Aaron, Aaron being arrested on a false charge related to that order, and years of follow-on lawfare. Oh, and lots of adverse publicity for Brett Kimberlin.

BTW, taking a photograph in a Maryland courthouse without permission from a judge is against the law.

Oh, one more thing … IANAL, but wouldn’t Kimberlin’s threatening gesture with his iPad constitute an assault on Aaron Walker?

Team Kimberlin Post of the Day

My podcasting partner and former fellow codefendant Stacy McCain refers to Brett Kimberlin as The World’s Worst Pro Se Plaintiff™. The TKPOTD for seven years ago today displayed one of The Deadbeat Pro-Se Kimberlin’s dumbest moves in any of the case he filed against me.

* * * * *

The Gentle Reader may remember that I have filed a motion for sanctions against The Dread Pro-Se Kimberlin for failure to properly serve court papers on me in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit. I received this in the mail on Saturday. It appears to be an opposition to my motion.

Note: This is the first court document published under the new Hogewash! policy of not usually redacting signature blocks on public court documents.

Comments are open, but please don’t educate the midget on his mind-bogglingly stupid error.

UPDATE—A further note about redaction: In general, home addresses and home telephone numbers will still be redacted. Business contact information will not be.

* * * * *

On 21 July, 2017, Judge Hazel filed his memorandum opinion granting summary judgment in Patrick Frey’s favor and bring the case Kimberlin filed in October, 2013, to an end. Of course, Kimberlin appealed, and of course, he lost in the Fourth Circuit as well.

Now that case has been dead for over five years, I suppose I can point out the worst of Kimberlin’s errors in that filing. It violated one of the requirements of the case management order it cites—

No motion, opposition, or reply may contain any redundant, immaterial, impertinent, or scandalous matter, or any ad hominem attack on any party, any Judge or employee of this or any Court, or any other person.

Incompetent is as incompetent does.

Team Kimberlin Post of the Day

Brett Kimberlin filed his RICO Madness LOLsuit against me and my codefendants (there were 24 defendants in the case at one point) in the middle of October, 2013. It took until January, 2105, to get all of the preliminary motions filed, oppositions filed, and relies filed. The TKPOTD for eight years ago today dealt with the beginning of the end of that LOLsuit.

* * * * *

The replies to The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness are due by next Thursday. I have reason to believe that some will be filed earlier, and if they are, I’ll post them as they become available on PACER.

I hope that there will not be much delay between those replies being filed and the judge ruling on our motions.

Stay tuned.

* * * * *

It wasn’t until the middle of March, 2015, that the case was finally dismissed, except for one count against Patrick Frey.

Speaking of staying tuned, Kimberlin’s petition to the Supreme Court for review of his Speedway Bombing conviction was circulated to the justices for their conference this Friday. We may know more about the fate of that case soon.

Team Kimberlin Post of the Day

Since 2018, Brett Kimberlin has been attacking his conviction in the Speedway Bombing cases. First, he failed in the U. S. District Court in Indianapolis. Then, he failed in Court of Appeals for the Seventh Circuit. Now, he has asked the Supreme Court to consider his appeal, and the paperwork surrounding his petition for a writ of certiorari has been distributed to the justices for their conference on the 6th.

Tick, tock.

Team Kimberlin Post of the Day

The most significant news about Brett Kimberlin in 2022 was the failures of his appeals in the Seventh Circuit of his attempts to attack his Speedway Bomber convictions.He’s now asking the Supreme Court to review one of the cases.

Kimberlin’s petition for a writ of certiorari, the government’s opposition, Kimberlin’s response, and an amicus brief supporting Kimberlin have been circulated to the justices for their conference next Friday.

Stay tuned.

Team Kimberlin Post of the Day

Part of Team Kimberlin’s PR effort was to threaten those of us being sued by the Dread Deadbeat Pirate Pro-Se Kimberlin with the direst of dire direness if we didn’t settle on terms favorable to the plaintiff. One of the early threats that fizzle was that Kimberlin had found a top notch lawyer who would crush us in court. The Bonus Prevarication Du Jour from nine years ago today was about one of Matt Osborne’s (aka Xenophon) attempts to spin that yarn.

* * * * *

Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).BU20131223If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.

I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.

OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.

* * * * *

Brett Kimberlin has managed to talk a law firm into providing him with pro bono representation for his petition seeking the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bomber convictions set aside. His petition has been distributed to the justices for their conference on 6 January.

Stay tuned.