Tag Archives: Brett Kimberlin

Team Kimberlin Post of the Day

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Brett Kimberlin is an unsuccessful musician, and rather than take responsibility for his failure, he sued me (and a long list of codefendants), claiming that truthfully blogging about him was a cause of damage to his career. Here’s the TKPOTD for nine years ago today.

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The Dread Pro-Se Kimberlin alleges that the coverage he receives here at Hogewash! is bad for his business. This is from his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 135-265Ear-plugsMusician? Humpf. From my point of view, the biggest obstacle to The Dread Performer Kimberlin’s success in the music business is his lack of talent. I more fully explain my feelings about his musicianship here.

Perhaps his omnibus opposition to all the motions to dismiss (due at close of business a week from today) will offer some crackpot legal theory that will attempt to keep alive the claim “supported” by this allegation.

Stay tuned.

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The link in the post above goes to my review of a CD Kimberlin released a couple of decades ago.

If the Gentle Reader is a glutton for punishment, he can checkout Kimberlin’s talent for himself. Used copies of the Epoxy Nothing Else CD are still lurking on the used market. Here’s an Amazon link.

Team Kimberlin Post of the Day

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Nothing new appeared today on the Kimberlin v. DOJ, et al. cert petition docket at the Supreme Court website.

While we’re waiting for the case to progress, here’s a summary of the Seventh Circuit’s findings in the order affirming the District Court’s dismissal of Kimberlin suit—

The district court promptly dismissed Kimberlin’s complaint for failure to state a claim. It principally determined that the claims regarding evidence fabrication, jury tampering, failure to intervene, “fraud upon the court,” and destruction of exculpatory DNA evidence necessarily implied the invalidity of his conviction and were therefore barred under Heck, 512 U.S. at 486–87. His Fourth Amendment claim likewise failed, according to the court, because he did not allege an injury besides his conviction. The court otherwise concluded that Kimberlin’s claim against the Indiana State Police, a state agency, was barred by the Eleventh Amendment.

The court gave Kimberlin an opportunity to amend his complaint. In his proposed amended complaint, Kimberlin removed the Indiana State Police as a defendant and added the agency’s superintendent, as well as the attorney who had litigated his recent postconviction cases on behalf of the federal government. He also added new claims under 42 U.S.C. § 1986, and the Administrative Procedure Act, see 5 U.S.C. § 702. And Kimberlin now argued that the defendants had engaged in concerted misconduct to “deprive him of meaningful and effective access to the Courts.” The district court entered judgment against Kimberlin after determining that his proposed amended complaint failed to correct the deficiencies noted in the screening order, was untimely under § 1986, and failed to state an APA claim.

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Next, Kimberlin maintains that he has stated a Fourth Amendment claim for Appleby’s alleged illegal searches. … Next, Kimberlin maintains that he has stated a Fourth Amendment claim for Appleby’s alleged illegal searches. … The district court therefore properly dismissed Kimberlin’s Fourth Amendment claim, but we modify its judgment so that this dismissal is with prejudice.

The betting calendar for the date the Supreme Court denied Kimberlin’s cert petition is posted in the break area.

Team Kimberlin Post of the Day

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After Brett Kimberlin realized that he was losing his last avenue to challenge his criminal convictions related to the Speedway Bombings, he filed a LOLsuit against a group of persons and organizations seeking money damages for his time spent in prison. The case is properly styled Kimberlin v. DOJ, et al., but I prefer to tag it Kimberlin v. Reality. He lost in the U.S. District Court in Indianapolis, and the Seventh Circuit affirmed the lower court’s decision. Kimberlin has filed a petition for a writ of certiorari with the Supreme Court, and responses to the petition from the respondents are due today.

As of Wednesday, the counsels for most of the respondents had filed waivers stating they would not respond unless asked to do so by the Court. After today, the next step for the petition should be for the Clerk to place the petition on justices’ conference list. This should occur on the Wednesday after the all waivers or opposition briefs are docketed. If the Court has not received either a brief in opposition or a waiver from each respondent, the Clerk’s Office will wait several days after the brief due date before distributing the petition. So we may see something on 29 November or 6 December.

Stay tuned.

Team Kimberlin Post of the Day

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After realizing that he was about to exhaust his last chance to overturn his criminal convictions related to the Speedway Bombings, Brett Kimberlin filed a civil suit seeking money damages for the time he spent in prison. The case in officially styled Kimberlin v. DOJ, et al., but I generally refer to it as Kimberlin v. Reality. He lost in the U.S. District Court in Indianapolis, and his appeal failed in the Seventh Circuit. He has filed a pro se petition for a writ of certiorari at the Supreme Court. Responses to his petition are due this Friday.

The Indiana State Police, Brooke Appleby, and Michael Oliver are among the defendant/appellees. Their counsel has waived any response unless one is requested by the Court.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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All of the Kimberlin LOLsuits of the past decade have failed either because there was no evidence to support his claims or because his allegations didn’t support an actual cause of action. The TKPOTD for nine years ago today pointed out one such hole in his first RICO LOLsuit.

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RICOMadnessI’ve previously noted that The Dread Pro-Se Kimberlin needs to answer the points that we defendants have raised in our motions to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. He needs to explain why the “facts” he has alleged in his complaint are sufficient to establish a claim upon which the court can grant relief. That explanation is due on 8 December in the form of an omnibus opposition to our motions.

Remember that at this stage of the proceeding the court is supposed to give TDPK the benefit of the doubt as to whether or not his allegations are true.

Here’s one of them—ECF 135-80OK. Let’s pretend for the sake of argument that what he says it true. So what? How could writing mean things about the Howard County State’s Attorney have injured Brett Kimberlin?

It couldn’t have caused him any injury in his business or property, so it is not basis for his RICO claim.

It doesn’t have anything to do with Patrick Frey, so it is not a basis for the civil rights claim against him.

It doesn’t involve race- or class-based discrimination against TPDK, so it is not a basis for a claim under the KKK Act.

It doesn’t have anything to do with Kimberlin per se, so it is not a basis for any of his state law claims of defamation, false light invasion of privacy, interference with prospective business, battery, conspiracy, or mopery with intent to lurk.

Like so much of his complaint, nothing in that half-page of gobbledygook supports anything in his case. It’s all wasted pixels and toner. The challenge facing TDPK over the next two-and-a-half weeks is to try to salvage the elements of at least one on the causes of actions he’s alleged out of the dreck in his second amended complaint. Thus far, it seems that he’s been frittering away his time on nonsense such as the motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit.

Tick, tock.

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His ongoing Kimberlin v. Reality (aka Kimberlin v. DOJ) seeking money damages for his time in prison because of his Speedway Bombing convictions failed in U. S. District Court. When the Court of Appeals for the Seventh Circuit reviewed the case, it found—

More than 40 years ago, juries convicted Brett Kimberlin of felonies related to a series of bombings in Speedway, Indiana. He maintains his innocence and, after a host of unsuccessful direct appeals, collateral attacks, and adjacent civil litigation, he sued the United States Department of Justice, the Bureau of Alcohol, Tobacco, and Firearms and Explosives, the Indiana State Police, state and federal officials, as well as a juror and her husband—all of whom, he alleges, conspired to convict and imprison him. The district court screened the complaint and dismissed it after concluding that most of Kimberlin’s claims were barred by Heck v. Humphrey, 512 U.S. 477 (1994), and that the remainder of his complaint failed to state a claim. We affirm the judgment.

Kimberlin has filed a petition for a writ of certiorari with the Supreme Court. The Government’s response is due this Friday.

Stay tuned.

Team Kimberlin Post of the Day

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The TKPOTD for ten years ago listed a few of Brett Kimberlin’s more blatant lies that had surfaced back then.

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Brett Kimberlin is a convicted perjurer.

He is famous for telling a whopper about selling dope to Dan Quayle. Mark Singer, who wrote a biography of The Dread Pirate Kimberlin, concluded

I spent four years asking questions about Kimberlin, along the way I never met a soul who could offer genuine corroboration of the fable that brought him to my attention.

He had his parole revoked in 1997, and in 2011 he testified in the Kimberlin v. Allen lawsuit that he had never had his parole revoked.

This summer, he filed a criminal complaint against me for harassment that was so bogus on its face that it was quashed before I could even be served a summons.

Now, he’s suing four other bloggers and me in state court for telling the truth about him. And he’s suing more than 20 people and organizations in federal court claiming that we formed racketeering enterprise to defame him, harass him, ruin his business, yada, yada, yada, …

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He tells some real whoppers in his Kimberlin v. DOJ, et al. (aka Kimberlin v. Reality) LOLsuit seeking money damages for his imprisonment as the Speedway Bomber, in his losing  appeal to the Seventh Circuit in that case, and in his petition for a writ of certiorari now before the Supreme Court.

The betting calendar for the day the Supreme Court denies his cert petition is posted in the break area.

Team Kimberlin Post of the Day

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One of the running gags in this blogs coverage of the Team Kimberlin has been the suggestion that they have been getting their legal counsel from the the legal department of the same Acme Corporation that has sold all those fine products to a certain coyote. Brett Kimberberlin’s current petition for a writ of certiorari at the Supreme Court reads like Acme could have written it. This tweet from eight years ago today was about Bill Schmalfeldt and More Acme Law from the Cabin Boy™.

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TheMerryWidower201511160513ZTheMerryWidower201511160520Z

res_judicata_mugsThe Cabin Boy™ seems to think that he is entitled to a second bite at the apple with “Roy Schmalfeldt.” IANAL, but I don’t believe he is. Rereading his amended complaint in the Schmalfeldt v. Grady, et al. LOLsuit, it is obvious that he sued the person using the name “Roy Schmalfeldt” who made the claim in a comment over at TMZ that the Cabin Boy™ was a rapist. He includes a copy of the offending comment as an exhibit to his amended complaint. The Cabin Boy™ also dismissed his complaint with prejudice. As I understand things, such a dismissal counts as a finding on the merits in favor of the defendants. That would seem to mean that res judicata prevents the Cabin Boy™ ever again suing the person who made the rape comment about that comment. The matter is settled, and no court in the United States, state or federal, can take it up again.

Game over.

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While I don’t advise anyone to refer to members of Team Kimberlin as rapists or pedophiles, I will note that Schmalfeldt and Kimberlin all of their defamation LOLsuits.

A Reminder—the betting calendar for the date the Supreme Court denies Kimbberlin’s cert petition is posted in the break area. I’ve taken 12 January, 2024.

Team Kimberlin Post of the Day

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The IRS says they’re running late on posting reports from exempt organization. For example— Early yesterday evening, clicking on the link for the latest posted return (2020) yielded this—JTMP isn’t the only entity that doesn’t have its 2020 filing available online yet. Although other tax exempt entities have 2021 filings listed on the IRS site, there’s no indication that a Form 990 for 2021 has been filed by JTMP. Perhaps one of those 87,000 new IRS employees will take an interest in this.

Team Kimberlin Post of the Day

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A Bacon Number is the degree of separation between two people. For example, Bill Clinton’s bacon number with me is one because we have a mutual acquaintance (Al Gore). My bacon number with my podcasting partner Stacy McCain is zero because we know each other directly. This post from eleven years ago today shows that my bacon number with Brett Kimberlin was one before I ever heard of him.

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In October, 1972, TDPK was brought before a grand jury and asked about this dealings with a couple of accused drug dealers, John Buckley and David Pacific. He testified that he has sold marijuana to Mr. Buckley and had had no dealings with Mr. Pacific. He testified that he had never sold LSD to them or anyone else. When they were arrested, Messrs. Buckley and Pacific claimed that TDPK was their wholesale connection for LSD. A second grand jury was convened, and it indicted Brett Kimberlin for perjury. He was convicted, his first felony conviction.

Through the years, TDPK has claimed that he was set up by John Buckley and David Pacific. Mark Singer does a thorough job of demolishing that claim in chapter 35 of Citizen K.

I lived in Indiana in 1977 and 1978. I had connections to the music and arts scene in Bloomington, the town where Indiana University is located and where TDPK was dealing drugs in the early ’70s. It happens that I met, first, David Pacific and, later, John Buckley in social situations while visiting with music friends in Bloomington. I never knew either of them well, but my friends did. What they told me about Mr. Pacific and Mr. Buckley then and what those folks that I have been able to contact again reaffirm now does not at all fit with any of TDPK’s narrative.

As Mark Singer writes beginning at the bottom of p. 316 of Citizen K,

Ultimately, they signified his willingness to stay wedded to a falsehood despite black-and-white evidence to the contrary. My metaphor metamorphosed. The Pacific-Buckley factoid—the news report of their arrest, along with Kimberlin’s claim of their perjury to frame him for the same—was no longer a constructive brick but one of many blind turns in a labyrinth of misinformation.

He lies about not being a perjurer.

I find the number of near intersections of my life with TDPK’s amazing. The more I dig, the more people I find with connections to the both of us. It’s really kinda weird. OTOH, it’s quite useful in running down the truth about his activities.

And the Truth is out there waiting for him. Stay tuned.

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After reading his current pro se petition for certiorari filed with the Supreme Court seeking a review of the dismissal of his LOLsuit seeking money damages for his time in prison as the Speedway Bomber, it appears that he hasn’t given up on telling lies.

A Team Kimberlin Post of the Day for Veterans’ Day

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Citizen K by Mark Singer is the authorized biography of Brett Kimberlin. This appears on p. 184.

At Oxford, he [Kimberlin] was assigned as a quality-control clerk at the prison factory that manufactured cables for military aircraft and tanks. His task was to inspect the finished goods. Each day, he said, he did his work quickly and then tried to immerse himself in a book, but the prison guard who was his overseer objected to his reading on the job. When he persisted, the guard threatened to give him a “shot”—to write an incident report that could lead to disciplinary action. So he stopped bringing a book to work, he said, and instead devoted his spare time to sabotage. “I’d run the cables through quality control,” he said. “I’d check them. I’d sign them off. And then I’d cut some of the damn wires.”

Team Kimberlin Post of the Day

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The TKPOTD for eight years ago today took a look at one of the principal reasons why Brett Kimberlin keeps losing in court.

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res_judicata_mugsI’ve been rereading some of The Dread Pro-Se Kimberlin’s recent court filings. I’m beginning to believe that it may be that he simply doesn’t understand several basic legal principles. There are paragraphs in several of his filings that actually make the opposing parties’ cases for them. It’s going to take a while for all of TDPK’s LOLsuits and appeals to wind down, but the light at the end of his tunnel is an oncoming locomotive.

Stay tuned.

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The betting calendar for the date the Supreme Court denies Kimberlin’s pending petition for a writ of certiorari is posted in the break area.

Team Kimberlin Post of the Day

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Brett Kimberlin has routinely painted himself in to legal corners because he was representing himself in court. This post In Re Kimberlin v. Frey from eight years ago today dealt with a difficulty Kimberlin encountered challenging a protective order.

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The Dread Pro-Se Kimberlin has sent what appears to be an ex parte letter to Judge Hazel whining about the discovery protective order issued in the Kimberlin v. Frey RICO Remnant LOLsuit.

popcorn4bkThe assertions in the letter are nonsensical. All the protective order prohibits is giving any discovery information marked “Confidential” to a third-party not directly involved in the LOLsuit. That means that TDPK is forbidden from leaking confidential information to “the press,” i.e., Bunny Boy Unread. In order for “the press” to challenge the order, 57F Osborne will have to hire a lawyer.

Heh.

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Of course, Matt Osborne was not about to spend his own money to challenge the protective order for the benefit of a website (Breitbart Unmasked) actually owned by Kimberlin, and Kimberlin couldn’t represent the site himself without claiming that he was the proprietor—which he has denied.

Coming back to today, it appears that Kimberlin has figured out that he’s exhausted his possible avenues of attack on his criminal convictions as the Speedway Bomber, so he’s now seeking money damages for his “false” imprisonment. That LOLsuit is properly styled Kimberlin v. DOJ, et al., but I referring to it as Kimberlin v. Reality. He’s at the Supreme Court again with a petition for a writ of certiorari in Kimberlin v. Reality. He’s proceeding pro se, and asking the court to give him a freebie lawyer.

The betting calendar for the date the Supreme Court denies the petition is posted in the break area.

Team Kimberlin Post of the Day

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Brett Kimberlin’s incompetence as a pro se litigant caused the failure of all of the LOLsuits he’s brought over the past decade. That, and the he’s never had either the facts or the law on his side. The TKPOTD for nine years ago today dealt with his inability to correctly identify who he was trying to sue.

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The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

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Meanwhile, the betting calendar for the date the Supreme Court denies his petition for certiorari in the Kimberlin v. Reality appeal is posted in the break area.

Team Kimberlin Post of the Day

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Reading Brett Kimberlin’s court filings or listening to his oral arguments before a judge will quickly convince most folks that his thinking can be quite creative but not very precise or clear. The TKPOTD for nine years ago today showcased an example of the kind of muddled thinking that has led to his losing the RICO Madness LOLsuit.

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The Dread Pro-Se Kimberlin is beginning to feel another effect of the incompetently drafted second amended complaint he filed in his Kimberlin v. The Universe, et al. RICO Madness. Even after all the rigamarole with Twitchy and adding new defendants, he still didn’t get his list of defendants properly identified. It turns out that he didn’t sue Ace, the blog proprietor; he has sued the blog itself.ECF 135-23Oops.

TDPK now wants Judge Hazel to let him go after Ace anyway in order to breach Ace’s anonymity, something Team Kimberlin (and First Mate Neal Rauhauser in particular) has been trying to do for several years. Of course, even if TDPK found out Ace’s secret identity, he’s not allowed any further amendments to his suit—the blog, not Ace himself, would still be the defendant.

Furthermore, Ace of Spades, the actual defendant, has now responded to the complaint and summons by filing a motion to dismiss through counsel. All TDPK needs to know is the lawyer’s contact information, and it’s on file on PACER.

popcorn4bkSpeaking of motions to dismiss, Kimberlin has just about a month to get his omnibus opposition to those motions filed with the court.

Tick, tock.

Stay tuned.

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The fact that Kimberlin has kept asking for the courts to assign freebie lawyers to help him seems to indicate that he’s beginning to understand his own incompetence.

Meanwhile, the Government’s response to Kimberlin’s petition for a writ of certiorari in the Kimberlin v. Reality (aka Kimberlin v. DoJ, et al.) appeal is due at the Supreme Court on the day after Thanksgiving.

Stay tuned.

Team Kimberlin Post of the Day

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During the 2020 election season, Brett Kimberlin’s Protect Our Elections/EMPR Inc promoted the crackpot idea that the Russians would rather see Donald Trump be reelected than have to deal with Joe Biden. The TKPOTD for three years ago today took note of this from the Twitter account associated with empr dot media.

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The only actively updated Kimberlin-related Internet accounts appear the empr dot media “news” site and its related Twitter account. It’s still trying to peddle the idea of significant Russian interference in the election because the Russians are afraid of Joe Biden.

I must confess I hit the Like button for this tweet because I enjoyed the laughing at it.

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I wonder if Kimberlin still thinks that having Biden in the White House has kept Putin in check, especially with respect to Ukraine.

Team Kimberlin Post of the Day

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Brett Kimberlin has felony convictions for perjury, conspiracy to distribute marijuana, and host of crimes related to the Speedway Bombings. He pleaded guilty to the dope charge and had fair trials for the others. Yet, he continues to claim that his convictions are unjust.

He has also lost a multitude of civil suits aimed at censoring honest reporting and comment about his activities. The only one of those cases that made it to trail was stopped by the judge when Kimberlin failed produce any—not a single bit—of evidence to support his suit. All the rest failed to survive motions to dismiss or for summary judgement. Kimberlin has claimed that the judges in these lawsuits treated him unfairly when they decided matters based on the Rules of Evidence and the Rules of Civil Procedure.

The TKPOTD for nine years ago dealt with one the lies in a court filing.

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This bit of purple prose is from an opposition The Dread Pro-Se Kimberlin filed when Aaron Walker filed for permission to go a few pages over the usual limit in one of his filings. BTW, the page limit for an amended complaint is 50 pages, and Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. is 82 pages long.ECF 61-13I guess that’s supposed to be an allusion to the scarlet A that Hester Prynne was made to wear on her dress. Aside from the misspelling of Scarlet and the dislocation of the letter, the assertion that Aaron Walker acts as if Kimberlin should be attacked mercilessly is completely baseless. Indeed, Aaron has been restrained in his writing about Kimberlin. Certainly, Aaron has never advocated any sort of violence against Kimberlin. These words appear at the bottom of every one of his posts:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

Like so many of Kimberlin’s allegations, the claim he makes above is just another verifiable falsehood.

You’d think someone with as much practice at lying would eventually get better at it.

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He’s telling similar false tales in his petition for certiorari to the Supreme Court in his Kimberlin v. Reality appeal.

Team Kimberlin Post of the Day

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I stopped by the Justice Through Music Project website around noon ET yesterday. It has as a new layout, but it still has almost no traffic. Its ranking was #14,315,784 at midday yesterday.

The most recent “news” coverage I could find of the Israel/Hamas war was over two weeks old. Given Brett Kimberlin’s Islamophilic past, it will be interesting to see which side jtmp dot org winds up supporting.

This picture of Brett Kimberlin was originally uploaded to the breitbartunmasked dot com website in March, 2013, after he had threatened the venue hosting the BlogBash awards party with a demonstration led by a “fiery Imam.”

Team Kimberlin Post of the Day

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Team Kimberlin has never let facts get in the way of their false narratives. Consider this TKPOTD from eight years ago today.

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Over at Breitbart Unmasked Bunny Boy Unread, Matt Osborne is desperately trying to throw something that might stick at one of The Dread Pro-Se Kimberlin’s legal adversaries. His latest screed contains this batch of falsehoods concerning the legal problems between TDPK and his wife back in 2013.

That episode also saw Walker submit an over-long, allegedly perjurious brief to a Maryland divorce court which made sick and sensational claims about Brett Kimberlin’s family. Nor did Walker feel limited by the court’s rejection, for his ally William Hoge rushed to the courthouse in order to copy and post the flimflam document online before it was sealed.

While Aaron Walker did advise Mrs. Kimberlin in DC and Virginia, in Maryland she either acted pro se or was represented by Zoa Barnes. Aaron never filed any court papers for Mrs. Kimberlin. Period. As to a “brief” that made “sick and sensational claims” about the Kimberlin family, Mrs. Kimberlin did file an Application for Statement of Charges accusing TDPK of third degree sexual offense (what in most states would be called statutory rape).

When Mrs. Kimberlin left the state and was unavailable as a witness, the charge was dropped. Here’s the Maryland Judiciary database entry for the case.4D00291890Spin_SettingsNote that she filed the Application for Statement Charges on 29 July, 2013, and the case was dropped on 21 August. Referring to the copy of the Application above, the True Test stamp is dated 9 October, 2013. Waiting 49 days from the date the charge was dropped to get a copy of the document is hardly rushing.

Yep. Team Kimberlin is stuck in a spin cycle, and I’d probably find the show more entertaining if I weren’t one of the lawfare targets. I don’t know how much longer it will last, but it may not be too late to invest in popcorn futures.

Stay tuned.

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Osborne has wandered of in to academia and is working on a master’s degree in history. Given his record, I wonder about the level of accuracy in any eventual thesis.

Team Kimberlin Post of the Day

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In 2021, Brett Kimberlin filed his Kimberlin v. Reality LOLsuit against the Department of Justice alleging a vast conspiracy to deprive him of his civil right that first began during his prosecutions for the Speedway Bombings. Yet, made the following claim about working with the DoJ while testifying under oath in 2016—

MR. WALKER: Now, remind me, if you will, what you do for your charities.
MR. KIMBERLIN: I run a non-profit Justice Through Music, and we work with, ah, famous bands and artist to get young people involved with civic participation. We, ah, we also work with, ah, dissidents around the workd to get them, um, their message out to the general public. We work with, um, a lot of voting registration groups. We, um, registered literally hundreds of thousands of young people to vote over the years. Um, we have been very much involved, um, with making sure that voting machines are, are not hackable and that their, um, they provide and accurate reading. We were very involved with making sure that, ah, Maryland, ah, got away from the electronic voting machines and changed over to the paper ballots, ah, that I believe they used this year for the first time in, um, Maryland. And, um, we have, ah, we have a lot of [unintelligible] campaigns. For example, we had a campaign called “Iran“, um, “Iran Now”, um, during the Green Revolutionin, in Iran. Ah, We’re doing a lot of, of, because my wife’s from Ukraine, we’re doing a lot of, ah, work with Ukraine. Right now, I’m working with, ah, Congressmembers, um, on legislation to protect the vote. I’m working with the Department of Justice right now to, ah, to protect, ah, this coming election. There’s a lot of information about hacking by Russian, and our team that works for me are, are specialists in hacking and, ah, electronic cyberhacking and things like that. So we are probably one of the foremost groups in, in the country on that.

Gentle Reader, politics makes strange bedfellows, but do you believe the DoJ would be using someone who the department had been trying to wrongly imprison for decades for an election cybersecurity operation? Or that someone who was so oppressed by the DoJ would work for them?

Me neither.

Perhaps a convicted perjurer is still telling lies.

Team Kimberlin Post of the Day

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Here’s the caption of the original complaint in the Kimberlin v. Reality LOLsuit that Brett Kimberlin is trying to appeal to the Supreme Court. Note the identity of the second defendant.IIRC, that’s the same Merrick Garland who Kimberlin wanted on the Supreme Court so much that he sued Mitch McConnell and Chuck Grassley because they were stonewalling Garland’s nomination. It seems ironic that losing the Kimberlin v. McConnell, et al. case may have wound up helping The Deadbeat Pro-Se Kimberlin by keeping a member of the conspiracy to falsely convict him of the Speedway Bombings off of the Supreme Court.

Heh.

Team Kimberlin Post of the Day

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For many years, the IRS filings from Brett Kimberlin’s Justice Through Music Project showed a lawyer named Jeffery Cohen as Executive Director. This post about Dread Pirate #BrettKimberlin’s Boss’ Day Job ran eleven years ago today. A SWATting threat was posted in its comment section.

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Court records show an email address for a Jeffrey R. Cohen who has the same street address as Justice Through Music Project. That email address is associated with the law firm of Millen, White, Zellano & Branigan. The firm’s web site gives this information about Mr. Cohen:

Our entertainment practice focuses on music, film and television. Because of our intellectual property expertise, we understand not only the finer points of contract terms but also the significance of the intellectual property issues at hand. Jeff Cohen heads this practice group. Jeff owns Sumerian Records and is a partner in an entertainment management company Outerloop Management.

Here are links about Sumerian Records and Outerloop Management.

Hmmmm.

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Bill Schmalfeldt spent the next several years unsuccessfully trying to prove that he wasn’t the source of the SWATting threat.

Team Kimberlin Post of the Day

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Brett Kimberlin’s petition for a writ of certiorari in the Kimber v. Reality LOLsuit appeal has been posted on the Supreme Court’s online docket. As noted yesterday, he is proceeding without a lawyer. A pro se party or amicus can make written filings on his own behalf, but only attorneys who are members of the Court’s bar or admitted pro hac vice can participate in oral argument.

Kimberlin has included this in his petition—

IANAL, but the Sixth Amendment right to counsel applies to criminal cases, but Kimberlin has brought a civil suit. I don’t believe there is anything in the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, or the Supreme Court’s Rule concerning recruiting counsel for pro se litigants. Yes, district courts occasionally recruit lawyers to help filter out pro se complaints, see e.g., LOLsuit VII: Degenerations, but I can’t find any record of the Supreme Court recruiting counsel for a pro se petitioner in a civil matter.

Again, IANAL, but I intend to ask several attorneys for their opinions of Kimberlin’s petition.

Stay tuned.