Team Kimberlin Post of the Day

When Brett Kimberlin sued Kimberlin Unmasked for copyright infringement, he claimed that images from music videos were being used without permission. The TKPOTD for seven years ago today pointed out a basic flaw in his LOLsuit.

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This paragraph is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Kimberlinunmasked copyright trolling lawsuit.BK v KU ECF 1-7And therein lies a fatal problem for TDPK’s lawsuit. Federal Rule of Civil Procedure 8(a)(2) requires that someone filing a pleading with a court provide

a short and plain statement of the claim showing that the pleader is entitled to relief[.]

Because TDPK never identifies which videos are his and which are JTMP’s he doesn’t show that he is entitled to relief. For all the court knows, all of the allegedly infringed videos belong to JTMP, and TDPK cannot sue on the organization’s behalf. JTMP would have to sue in its own right, and it would have to be represented by a lawyer instead of TDPK.

popcorn4bkMore fundamentally, TDPK never identifies which videos the allegedly infringing images were taken from. In effect, he’s saying, “Your Honor, they stole my stuff, but I can’t bother to tell you what they stole.”

If you thought the opposition to the motion for default was brutal, just wait till you see what can be put in a motion to dismiss.

Stay tuned.

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Kimberlin owns the copyrights to his songs. Have they been of any real economic value for him?

Team Kimberlin Post of the Day

Last week, Brett Kimberlin filed his appeal brief with the Seventh Circuit Court of Appeals in his current attempt to overturn some of this Speedway Bombing convictions. He also filed a second motion requesting that the court appoint pro bono counsel to represent him. Yesterday, the court denied his motion for freebie lawyer.

Also yesterday, the Assistant U. S. Attorney representing the government in the case filed a request for a one month extension of the filing date for the reply brief. The court granted that motion and set a new schedule for briefs.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

One of the ways that Brett Kimberlin’s campaign of pro se lawfare backfired was the problems he had with the discovery phase of the LOLsuits. The TKPOTD for seven years ago today dealt with some of the discovery questions he tried to evade.

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Here are some other intriguing answers provided by The Dread Pro-Se Kimberlin to my Requests for Admissions in the Kimberlin v. Walker, et al. nuisance lawsuit.Admissions 40_43There’s computer forensic information linking TDPK to both the Breitbart Unmasked accounts. He was photographed outside of Bobby McKey’s on 14 March, 2013. There is eyewitness testimony placing him at CPAC this year.

Notice that he doesn’t deny any of these as he should if they weren’t true. Objecting because of irrelevance is a tacit admission that the statements are true.

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It was fortunate for Kimberlin that the judge granted the defendants a direct verdict in our favor after Kimberlin rested his case. Otherwise, he would have had to deal with the defense we had prepared.

Team Kimberlin Post of the Day

Today is the the ninth anniversary of the most popular post ever published at Hogewash!— Review: “Nothing Else” by Epoxy (Brett Kimberlin).

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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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There are still some Amazon sellers offering “used” and “collectible” CDs.

Team Kimberlin Post of the Day

I’ve been following Brett Kimberlin’s attempt to have some of his Speedway Bombing convictions set aside. Yesterday, I posted the appeal brief he filed on Wednesday. He also filed a second request for the court to provide him with a freebie lawyer to handle oral argument in the case. Of course, the court can rule on just the written record and filings. Indeed, most appeals are considered without a hearing.

I found paragraph 13 interesting. If Kimberlin and his wife are getting by on only about $32 k a year, who’s paying for all those trips to Ukraine to produce music video—or producing the music videos for that matter?

Paragraph 14 begins, “An attorney would not only represent Appellant but would also effectively and ethically present the facts and the law to this Court.” It’s puzzling why Kimberlin is asking for an ethical presentation of the facts and law when that’s clearly against his interest. OTOH, he hasn’t had a very good record as a pro se litigator. We’ll see how the court rules on his motion.

Team Kimberlin Post of the Day

Brett Kimberlin’s has been trying to have some of his Speedway Bombing convictions overturned. His efforts failed in the District Court, and he’s appealed to the Seventh Circuit. His appeal brief in the case was due yesterday, and he managed to get it filed on time.

It appears to be chocked full of misrepresentations of what happened in his original trials and the evidence in the trial records. One that jumped out at me was his incomplete recounting of the evidence relating to his conviction for being a felon in possession of explosives (beginning on page 9). His brief implies that the use of explosive s by a third party for an excavation job on Kimberlin’s rural property years before the Speedway Bombings provided the grounds for his conviction. However, residue of Tovex explosive was found in the Chevrolet Kimberlin was driving when he was arrested and was also found in his Mercedes.

The felony conviction which made Kimberlin ineligible to possess explosives was for perjury. It seems he still tells lies.

Team Kimberlin Post of the Day

The TKPOTD from seven years ago today dealt with one of the sillier claims in the Dread Deadbeat Pro-Se Kimberlin’s RICO Madness LOLsuit and my not-so-tongue-in-cheek response.

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The Dread Pro-Se Kimberlin feigns fear of Aaron Walker and me. This is from paragraph 76 of his second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 135-76
TDPK strikes me as a bit disingenuous with his worry about people who own firearms. After all, his authorized biography Citizen K tells of how he possessed several AR15s, a silenced pistol, a shotgun, and other weapons back in his drug dealing days. He was barred from possessing any firearm back then because of a previous felony conviction.

RANGE_PHOTOI, OTOH, am a law-abiding gun owner, and, although my 66 year old eyes ain’t what they used to be, I’m still a reasonable shot. The target on the left was shot rapid fire with a .45 at 50 feet.

I’ve never threatened anyone on Team Kimberlin with violence. However, anyone who wishes to threaten me or my family may draw whatever conclusion he will based on what he knows about me.

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Things have remained peaceful at stately Hoge Manor. BTW, this is from a more recent trip to the range with a 9 mm Browning High Power.

Team Kimberlin Post of the Day

There’s been a bit of action in Brett Kimberlin’s appeal in the Seventh Circuit related to his Speedway Bomber convictions. Last week, he filed a motion asking that the case be scheduled for mediation. Apparently, he hoped that the current leadership of the Justice Department would be willing to resolve the appeal in his favor via a negotiated settlement.

Kimberlin’s Request for mediation was filed on the 6th. The version posted appears to be missing at least on page. That could be from an scanning error when the Clerk entered the document. OTOH, it wouldn’t be the first time that Kimberlin has failed to send all the pages of a court paper he was trying to file.

The court denied his request the next day.

The denial is probably for the best. After all, the Kimberlin v. McConnell, et al. LOLsuit failed, so Merrick Garland doesn’t owe Kimberlin any favors.

His appeal brief is due on Wednesday.

Team Kimberlin Post of the Day

My involvement with reporting on Team Kimberlin sprang out of Brett Kimberlin’s attempts to peace orders to gag Aaron Walker’s blogging about Kimberlin’s past and ongoing activities. Two of the most enjoyable moments of the whole saga were when Aaron was the winning counsel for the defendants in Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler and his success representation of me in the appeal of Kimberlin’s RICO 2:Electic Boogaloo LOLsuit. Here’s the TKPOTD from five years ago today.

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I’ll just leave this right here.

I expect to have more to say about this in two or three days.

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Kimberlin not only lost that appeal, he was sanctioned for frivolously including me as an appellee.

Team Kimberlin Post of the Day

It was nine years ago today that Judge Rupp ruled that nothing Aaron Walker had done, said, or written fell under the Maryland statutes relating to harassment, stalking, or Peace Orders. Therefore, there was no basis for the peace order Brett Kimberlin had sought against Aaron, and the order was overturned by the Circuit Court.

Kimberlin should have cut his losses at that point.

He didn’t, and things have not gone well for him since.

Team Kimberlin Post of the Day

At one time or another, Brett Kimberlin has had as many as two dozen or more websites online. One of the results of this failed lawfare against bloggers was the devastation of The Dread Deadbeat Publisher Kimberlin’s web presence. The TKPOTD for three years ago to day took a look at deterioration of the website for Kimberlin’s flagship not-for-profit Justice Through Music Project.

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The Dread Deadbeat Publisher Kimberlin isn’t very good at keeping things up to date. For example, the following image is for a recommended link on the Justice Through Music Project website’s home page:

Free Bradley Manning? Uh, he’s been out of jail for quite awhile now and has run (unsuccessfully) for the Democrat’s nomination for the U. S. Senate from Maryland this year.

The JTMP website also has links to several defunct webpages. Some return 404s. Some haven’t been updated in years.

How can a site with so little traffic and so little relevant connection to the rest of the web generate enough hits on the DONATE button to be worth keeping up?  ‘Tis a puzzlement.

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The deadnaming of Bradley Manning shows how little attention was being paid to the site’s upkeep in 2018. Since then, the site has been moved to the same offshore server that hosts brietbartunmasked dot com and almost all of the other Kimberlin-related sites that still survive.

When I scanned jtmp dot org yesterday evening, I received 38,936 errors, mostly 404—Not Found. The Home page is broken.Kimberlin’s campaign of brass knuckles reputation management has, like almost everything he’s touched, been a failure in the long run.

Team Kimberlin Post of the Day

Here’s the current status of The Dread Deadbeat Pro-Se Kimberlin’s appeal of some of this Speedway Bombing convictions currently before the Court of Appeals for the Seventh Circuit—

1. He’s still representing himself pro se. The court denied his request for a pro bono lawyer.

2. Because the court denied Kimberlin’s request to hold his appeal in abeyance until a lower court rules on an unrelated motion, his Transcript Information Sheet was due on Tuesday. As of close of business yesterday, it still wasn’t listed in the online docket.

3. His brief and short appendix of the record are due on the 14th.

Team Kimberlin Post of the Day

As I mentioned yesterday, Brett Kimberlin’s Transcript Information Sheet for the current appeal he has before the Court of Appeals for the Seventh Circuit was due day before yesterday (29 June). At close of business yesterday (30 June), it still was not a part of the online docket.

Late paperwork. No surprises here.

Team Kimberlin Post of the Day

In a couple of his appeals to U.S. Circuit Courts, The Dread Deadbeat Pro-Se Kimberlin has seemed to realized how poor his legal skills are, and he has asked the court for a free court-appointed lawyer. A few days ago, the Seventh Circuit denied such a request. Five years ago today, my post titled Well, That Didn’t Take Long reported a seminal denial by the Fourth Circuit.

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The Fourth Circuit wants The Dread Pro-Se Kimberlin to explain the merits of his case before they appoint counsel to file an amicus brief on his behalf in the Kimberlin v. McConnell, et al. LOLsuit appeal.

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The Kimberlin v. McConnell, et al. LOLsuit was based on the crackpot theory that because the Senate had not acted on the Merrick Garland’s nomination to the Supreme Court, its advice and consent had been waived, so Garland’s nomination should be considered confirmed. No court ever ruled on the merits of that proposition because it was found that Kimberlin didn’t have standing to bring the suit.

BTWl, that’s the same Merrick Garland who is now the Attorney General leading the Department of Justice defending the current Kimberlin LOLsuit in the Seventh Circuit.

And one more thing … Kimberlin’s Transcript Information Sheet for the current appeal was due yesterday. Perhaps it arrived too late to be scanned into the case docket on PACER, but as of close of business yesterday it wasn’t in the online docket.

Team Kimberlin Post of the Day

Brett Kimberlin has been trying to get some of his Speedway Bombing convictions overturned. His efforts in the U.S. District Court in Indianapolis have been denied, so he’s filed an appeal with the Court of Appeals for the Seventh Circuit. Last week, he asked that his appeal be held in abeyance while yet another motion about one of the Speedway Bombing cases is considered by the District Court. Last Friday, the court of appeals denied that motion and ordered Kimberlin to get his paperwork in as required by the existing briefing schedule.

Kimberlin’s Transcript Information Sheet is due today, and his brief and short appendix of the record are due on 14 July.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

Some days are better than others, but 26 June, 2013, was a day that didn’t go well for Brett Kimberlin. The post #BrettKimberlin Strike Two dealt with on of the setbacks he faced that day.

I referred to Kimberlin as Lord Voldemort because of the unconstitutional “he-whom-must-not-be-named” gag order that was part of the peace order he had obtained against Aaron Walker.

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The Maryland Court of Special Appeals rules that Brett Kimberlin Lord Voldemort does not have standing to appeal the Circuit Court ruling that Seth Adams was not in contempt of the order the Dark Lord has against Mr. Adams. (H/T, Allergic to Bull)

First Amendment 2, Voldemort 0

Going to court with neither the facts nor the law on your side isn’t working any more, is it?

The time to face the music is coming ever nearer. Justice through blogging. And then the courts.

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Kimberlin is still mired in losing legal cases of his own making.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

Since 2018, Brett Kimberlin has been filing motions in the U. S. District Court in Indianapolis trying to get some of his Speedway Bomber convictions overturned. He was unsuccessful, so he filed an appeal with the Seventh Circuit Court of Appeal, and as part of that appeal asked for a free lawyer. The Court of Appeals denied the request for pro bono counsel.

This week, The Dread Deadbeat Pro-Se Kimberlin filed an motion to hold his appeal in abeyance until the District Court can rule on a motion he believes might be relevant to his appeal. I’ve posted a copy here. I would normal post the document to Scribd, but that site’s upload function his flakey as I’m drafting this post. When Scribd gets it’s act back together, I’ll post TDPK’s motion and embed it here.

Kimberlin is grasping at straws, hoping some of his convictions could be overturned because some hair evidence which tied him to some other physical evidence isn’t available for DNA testing.

Team Kimberlin Post of the Day

Brett Kimberlin’s PR outlet Breitbart Unmasked told some truly outrageous lies attempting to flack for its publisher, but the bio on his personal website was completely disconnected from reality. The TKPOTD for eight years ago dealt with one of the most stupid.

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There are some things that are so far out in the ozone that you couldn’t make ’em up if you tried. I found this in Brett Kimberlin’s bio on his personal website (No, I won’t link to it.).

Brett has also been passionate about protecting the rights of minorities by exposing bigots, hate groups, and bullies.

Exposing bigots, hate groups, and bullies, huh?

I don’t know about you, but I class anti-Semites as bigots. Brett Kimberlin’s anti-Semitism is well documented.

I don’t know about you, but I count those who have a history of cowardly attacks among the bullies.

And would you say that an organization (Koch Watch, NIWLTI) that promotes hatred based on a greedy desire to appropriate the fruits of the success of others might be a hate group?

Is Brett Kimberlin trying to expose himself?

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The Gentle Reader may determine for himself if the original post contains a double entendre.

Team Kimberlin Post of the Day

Neal Rauhauser was the actual architect of Team Kimberlin’s strategy of using frivolous pro se litigation to harass their perceived enemies. I was on the receiving end of two of The Dread Deadbeat Pro-Se Kimberlin’s RICO LOLsuits, and I wasn’t surprised by the first RICO claim because Rauhauser had tipped their hand over a year in advance. This post about RICO and Patterico is from nine years ago today.

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Neal Rauhauser has a pattern of letting things slip through careless blogging, emails, or tweets. Patrick Frey believes he has picked up on plans for a RICO suit targeting him and other bloggers.

Mr. Rauhauser, once you sue, the discovery process will begin. It works both ways. Is that really what you want?

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Indeed, only two of the many cases brought by TDPK made it to the discovery phase, and discovery did not go well for Kimberlin in either.

Team Kimberlin Post of the Day

I had to send a lot of correspondence, usually emails, related to the various court cases connected to Team Kimberlin. The letter referenced in the TKPOTD from four years ago today was one of the most satisfying to send.

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The Gentle Reader who has been following the twists and turns of the Hoge v. Kimberlin, et al. lawsuit may remember that defendants were not especially cooperative with my discovery requests and that they failed to seek any discovery from me before discovery closed. A few days ago, I received a belated request for production of documents and a deposition notice from the Kimberlins. I sent them this reply.

Everything is proceeding as I have foreseen.

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The Rules apply to everyone, especially the little people who think their big shots.

Team Kimberlin Post of the Day

Pretty much everything the members of Team Kimberlin try fails or, at best, performs below their expectations. Their campaign of lawfare is the prime example, of course. The TKPOTD dealt with one of the many failures associated with The Dread Deadbeat Publisher Kimberlin’s flagship PR operation, Breitbart Unmasked Bunny Billy Boy Unread.

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The Gentle Reader who has been following The Saga of Team Kimberlin for a few years may remember that in early 2017 Bill Schmalfeldt used his position as editor of Breitbart Unmasked Bunny Billy Boy Unread to publish a series of defamatory posts accusing me of plagiarism. He used without permission material from Hogewash! in one those posts, so I filed a DMCA notice with the ISP hosting BU which resulted in BU receiving an email which read in part:

For your information, I have received the following/attached notice of copyright infringement. The infringing materials must be removed from your site within 24 hours, or under the Digital Millennium Copyright Act (DMCA), we are required to block access to your site. Once we have had to do that, we cannot unblock it for a minimum of 10 days after you respond with the proper counter-notification under the DMCA or the individual submitting the notification advises us that the material has been removed.

Filing a counternotice would have required providing information concerning the actual ownership of BU and information for service of process on the owner and/or operator. Rather than give up that information, the site was moved offshore, first to Iceland and then to Holland. The Cabin Boy’s™ Breitbit News site moved to the same server at about the same time.

The other site hosted on that Dutch server is empr dot media, a Ukrainian “news” site. Of course, it could be purely coincidental, but I find it interesting that BU moved to a server hosting a Ukrainian PR website while Brett Kimberlin was working closely with a Ukrainian-American operative of the Democratic National Committee on a project to dig up dirt on the Trump Administration.

Hmmmmm.

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Although, the BU site hasn’t had any new material since Bill Schmalfeldt went off for a winter vacation in Montana in late 2018, the Cabin Boy™ still maintains a connection, having tweeted a link to one of his defamatory posts only a few months ago.

Team Kimberlin Post of the Day

A big part of Brett Kimberlin’s litigation record as The Dread Deadbeat Pro-Se Kimberlin has been the filing of futile court motions. Just this week, his gimme-a-free-lawyer motion was rejected by the Seventh Circuit Court of Appeals. The INMTUYK for six years ago today was about another failed request to a court.

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The Dread Pro-Se Kimberlin has sent this to the judge in the Kimberlin v. Frey remnant of the Kimberlin v. The Universe, et al. RICO Madness.

Bwahahahahahahahahaha!

UPDATE—There are an amazing number of errors in this filing, but I’ll point out just two for now.

First, TDPK says he wants to add the Los Angeles DA’s Office and the FBI as defendants. Does he mean the City of LA or the County of LA? However, that question is moot, because, second, the court has ordered that TDPK may not make any further amendments to his LOLsuit.

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It was an FBI Special Agent who busted Kimberlin in Indianapolis in the arrest that led to his car being impounded and searched and bomb making materials found in the trunk. Maybe he still got a grudge.

Team Kimberlin Post of the Day

Brett Kimberlin filed motions in his old Speedway Bomber cases to try to have some of the convictions set aside. His motions were denied, and he has appealed to the Court of Appeals for the Seventh Circuit. I reported in May that The Dread Deadbeat Pro-Se Kimberlin had filed a Motion for Appointment of Pro Bono Counsel. On Monday, the Court of Appeals denied his motion.

The court did grant TDPK’s request for 15 days to file his Transcript Information Sheet after ruling on the gimme-a-free-lawyer motion.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar. The TKPOTD for eight years ago today cites on example.

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Brett Kimberlin has been caught telling lies many times. When his biographer Mark Singer asked him about a particular item, he told Singer that he had admonished someone else about lying.

The notion of Kimberlin admonishing anybody not to lie both amused and galvanized me; I had no choice but to retrieve from storage the transcript of Sandi’s testimony. On pages 4532 and 4561, I located the colloquy that confirmed what the Chicago Reporter and the Indianapolis News had reported. Confronting the naked evidence of this particular deception left me feeling momentarily deflated, if not downright insulted. Did Kimberlin think I was stupid? Getting an appointment at the federal archive proved a mild inconvenience, transcript copies cost fifty cents a page, and I had to hire someone in Chicago to go to the archive and pick up the pages—but I’d had rougher days at the office. Did he think I was lazy? How could I maintain my presumption of his innocence, or my refusal to acknowledge his guilt, if he insisted on lobbing fat juicy ones in the vicinity of my overhand smash? What next—a confession? Hardly likely, I reassured myself. This had been a glaring lapse by Brett, but as long as I remained in character—a talented amateur, never quite able to see into the heart of the game—we could keep the rally going.

Citizen K, p. 327

I don’t know if Brett Kimberlin thinks other folks are stupid so much as he believes that he is enough smarter than the average bear that he can spin yarns that won’t be seen through. But some people are not only smart, they’re industrious enough to search for documents. And these days it doesn’t take much google-fu to find out a lot of stuff about someone.

Mark Singer caught Brett Kimberlin in so many lies that he concluded that Kimberlin’s story about selling marijuana to Dan Quayle was a lie too. But that should be no surprise. Perjurers tell lies.

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Brett Kimberlin has sued me four times claiming that my truthful reporting about him was defamatory. He lost all four times.