Team Kimberlin Post of the Day


Welcome to Everybody Blog About Brett Kimberlin Day Mark II. Lee Stranahan organized the first EBABKD was on 25 May, 2012. The proximate cause of that first blogburst was Kimberlin’s use of the Maryland courts to attack the First Amendment rights of a lawyer who had the temerity to offer legal assistance to a blogger Kimberlin was suing for defamation. Kimberlin’s inept attempt at shutuppery wound up placing him in a spotlight on the blogosphere. Over 150 blogs participated in that first EBABKD, and Kimberlin’s attempt at lawfare backfired, generating one of the best examples of the Streisand Effect ever seen.

Gentle Reader, if you’re tuning in for the first time, allow me to use this post to introduce Brett Kimberlin to you. Brett Kimberlin is a failure; he has failed at almost everything he’s tried.

He got into drug dealing as teenager, and my sources tell me that for a while he was involved in the wholesale LSD trade. The feds weren’t able to bust him for that, but they did get him for lying to a grand jury about a couple of his customers, and he did a short stretch for perjury before he turned 20. He was a felon while still a teenager.

He them moved on to importing marijuana, and one of his grandiose schemes resulted in his getting busted with over 5 tons of dope in South Texas. Around the same time, he also perpetrated the Speedway Bombings in an apparent attempt to deflect police attention from a murder investigation. After a series of trials, he was convicted and sentenced to over 51 years in federal prison. The offenses he was convicted of include Conspiracy to Distribute Narcotics, Illegal Use of DoD Insignia, Illegal Use of the Presidential Seal, Impersonating a Federal Officer, Receipt of Explosives by a Convicted Felon, Possession/Manufacture of a Destructive Device, and Malicious Damage by Explosives Involving Personal Injury,

Just before the election in 1988, he claimed to have been Dan Quayle’s dope dealer. Even with coverage from the likes of NPR, he didn’t have much impact on that election. However, Doonesbury picked up the claim in 1992 and ran with it. After the ’92 election, journalist Mark Singer spent years investigating Kimberlin’s claims. The result was an authorized biography, Citizen K: The Deeply Weird American Journey of Brett Kimberlin. Singer concluded that Kimberlin had lied about being Quayle’s connection.

Kimberlin was one of the last people convicted before the Truth in Sentencing law passed, so he became eligible for parole in 1994. When he got out of prison, he settled in Maryland and began to set up business deals with Ukrainian interests. While in Ukraine, he met a young (14 year old) girl on the beach on the Sea of Azov. He brought her over to the U.S., when she was 15 and married her when she was 16 using a forged birth certificate. The legal age for marriage in Maryland is 18.

About that same time his parole was revoked. One of the conditions of his parole was that he begin to make restitution a victim of one of his bombings, and he failed to do so. He was also caught lying on a mortgage application. Kimberlin was ordered to prison for two more years.

When he was released four years later (yes, it took him four years to do two), he had added one more failure to his list. Congress had passed a law prohibiting prisoners from using electronic instruments except for religious services, and Kimberlin sued the Bureau of Prisons because he wanted to use an electric guitar to compose music. He lost that lawsuit.

When Kimberlin got out the second time, he set up shop in Maryland again. He tried to get a career started in music, fronting a band called Epoxy that released a CD titled Nothing Else. The album bombed.

He also started a 501(c)(3) not-for-profit called Justice Through Music Project that has spent several million dollars in donations accomplishing essential nothing. He fronted a band called Op-Critical that was related to JTMP, but the best that can be said for that group’s work is that their fan base has become … um … more selective.

He also started a 501(c)(4) not-for-profit called VelvetRevolution.US in partnership with west coast activist Brad Friedman. For most of its life, VRUS tried to attract attention with stunts such as offering $100,000 reward for “proof” of vote fraud. The last IRS Form 990 filed by VRUS showed that is was essentially broke. In 2017, Kimberlin change the entities name to Protect Our Elections/EMPR Inc. We’ll get to EMPR in a bit. BTW, Kimberlin hasn’t kept up with the paperwork for Protect Our Elections/EMPR, and the IRS has revoked the entities 501(c)(4) status.

Kimberlin kept his nose more or less clean and was released from supervised parole in 2006. His sentence expires in 2030.

In 2010, Kimberlin sued leftwing blogger Seth Allen for defamation. By playing games with service of process, Kimberlin was able to get a default judgment against Allen in a Maryland court. However, Kimberlin’s case was so shoddy that the judge only awarded $100 in damages rather than the $2,000,000+ Kimberlin sought. Several lawyers offered Allen legal help, and Kimberlin set his sights on the one closest by, a Virginia lawyer named Aaron Walker.

In the process of going after Aaron Walker, Kimberlin managed to get a Maryland District Court judge to issue a blatantly unconstitutional gag order against Walker as a part of a peace order. That had the effect of alerting the blogosphere to Kimberlin’s shenanigans, resulting in the first Everybody Blog About Brett Kimberlin Day.

That unconstitutional gag order was overturned during an interim hearing in the Circuit Court and the peace order itself was overturned on appeal. Because I live nearby, I attended the appeal hearing and wrote about it here at Hogewash!. Attending that hearing had two results for me. First, I met Aaron Walker who has become a close friend. Second, it got me in Kimberlin sights.

Since then, I’ve received a SWATting threat, been sued eight times (four times by Kimberlin and four times by his associate Bill Schmalfeldt), been subject to a peace order petition, and been subjected to two sets of state criminal charges. I won all eight lawsuits, the peace order petition was denied, and the Montgomery County States Attorney’s Office dropped the criminal charges because there was no evidence to support them. I work as a contractor for a federal agency, and all I can say about the investigations I was made aware of is that I did not wind up as the target in either case.

I’m not the only person Kimberlin has sued. I’ve had over 40 codefendants spread among his various lawsuits, and I haven’t been a party to all of his legal actions. For example, he sued Mitch McConnell and Charles Grassley because they weren’t moving the Merrick Garland nomination to the Supreme Court through the Senate. That suit was thrown out for lack of standing. In fact, only one of the cases he’s filed since 2012 made it to trial, and the judge in that case gave us defendants a direct verdict in our favor after Kimberlin rested his case because he had present no evidence to support his claims. None of his other cases got past a motion to dismiss for failure to state a claim—if they got that far.

Gentle Reader, are you starting to see a pattern of failure?

Let’s get back to EMPR. Kimberlin has maintained his interest in Ukraine. There’s a website called empr dot media. EMPR stands for EuroMaidan Public Relations, and the site is an English-language Ukrainian news outlet. Its About page says that it was founded, in part, by support from Justice Through Music Project, and it’s hosted on the same server as another Kimberlin-related website breitbartunmasked dot com.

Kimberlin has other Ukrainian connections. He has worked with DNC operative Alexandra Chalupa. She stated on FaceBook that she had been working in 2016 with federal government contractors on election hacking, and in October, 2016, Kimberlin testified under oath that he and his associates were working on election cyber security with the Department of Justice. Kimberlin had previously claimed in court documents that Justice Through Music Project had been a State Department contractor.

In early 2017, Kimberlin got his name in the papers again when it was reported that he was the source of the money that paid for bogus financial documents intended to smear members of the Trump Administration. BTW, Kimberlin was caught forging evidence in at least two of the lawsuits he’s filed since 2012.

Kimberlin desperately wants to be a player. However, not only does he fail to come up with the ante to get into the real game, he keeps thinking he can bluff with an obvious bust hand.

Failing failures gotta fail.

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These are only a few small slices of the Kimberlin story. There much more to tell. Much of it is ludicrous, and over the years, I’ve tried to expose him to some much deserved ridicule. But much of it is shameful. I’ve had to report on his stalking a woman in a court parking lot, his lawsuits against a stroke victim who could not defend herself in court, his … oh, the list goes on and on.

Scroll through the blog if you want to know more.

And thanks for stopping by.

Team Kimberlin Post of the Day


The Dread Deadbeat Pro-Se Kimberlin claimed in his LOLsuits that he was the victim of false narratives spun to defame him. However, it turns out that the lies being told in the various court papers and testimony were all coming from him. The TKPOTD from five years ago today deals with one rather stupid falsehood Brett Kimberlin included in a court filing.

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The Dread Pro-Se Kimberlin makes mind-bogglingly false assertions in his various court filings. Consider this from his opposition to my motion to dismiss his first amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 29-2The Smith case he mentions is a case from the U. S. District Court for the District of Maryland which interprets the Maryland one year statute of limitations on defamation as also applying to false light invasion of privacy. It’s the controlling legal authority in the court handling the RICO Madness. TDPK states that Maryland’s highest court, that would be the Court of Appeals, has ruled otherwise. If that were the case, that would settle the law because defamation is a matter of state rather than federal law.

However, …

The Allen v. Bethlehem Steele case TDPK cites never went to the Court of Appeals. It is a Court of Special Appeals case, and that court is an intermediate appeals court. It’s decisions on matters of law are not binding on any federal court. The Court of Appeals has never ruled on the statute of limitations for false light, so the federal court’s precedent controls. Furthermore, there is no such case citation as 314 Md. 458 (1988). The proper citation for Allen is 76 Md. App. 642 (1988).

Oops.

popcorn4bkThere has been a certain sense of TDPK sorta/kinda making it up as he goes along. It will be interesting to see what kind of bizarre legal theories he will put in his omnibus opposition to the motions to dismiss his second amended complaint.

Stay tuned.

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Lying liars gotta lie.

Team Kimberlin Post of the Day


One of the ways that The Dread Deadbeat Protestor Kimberlin tried to raise money was by seeking donations to his Justice Through Music Project not-for-profit to pay that outfit for publicizing the legal situation of a Russian rock band called Pussy Riot. None of the funds collected would go for their legal defense, JTMP would just talk and write about them. Six years ago, I published A Spelling Lesson that talked about that fund raising effort.

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pussyriot_jtmpThe Russian feminist punk rock group spells their band’s name in Latin letters “Pussy Riot.” It’s occasionally transliterated into Cyrillic as “Пусси Райот.” The “spelling” shown above is from the Justice Through Music Project donation page exploiting the band’s legal troubles. One would think that The Dread Pirate Kimberlin, who is alleged to speak and read Russian, would know better.

Некультурный!

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I appears that JTMP’s PR effort was a bust. Maybe that’s why TDPK switched his emphasis to Ukraine.

Team Kimberlin Post of the Day


Many folks work in industries or have hobbies that have a jargon, a group of words or phrases with special meaning. Someone letting such jargon slip off his tongue (or from his fingers on to his keyboard) can inadvertently give away information about his background, Hold that thought for a few moments.

The Gentle Reader who has been following this feature at Hogewash! will surely remember that I’ve been keeping track of the lack of activity on Breitbart Unmasked website. It hasn’t had any new material posted since 8 December, 2018. The BU twitter feed had a few tweets posted later in December, 2018, before going quiet—except for two outburst early this year.

The first series of tweets went out on 18 January, and appear to have been triggered by the fake BuzzFeed story about the President ordering Michael Cohen to lie to Congress.

The second series went out over a few days in late March, around the time that the news was leaking that Mueller was going to fail to bring any further indictments. The very last tweet contained a couple of words—tail number—that reveal something about its author.

Aircraft registration numbers are displayed on the sides of the rear of the fuselage (or the sides of the rudder) and are commonly referred to by people who work around or fly aircraft as “tail numbers.” Use of that term is much less common among people without an aviation background.

Brett Kimberlin, who has claimed under oath to have no connection to Breitbart Unmasked, held a pilot’s license back in his dope smuggling days. He’s also been convicted of perjury and has been caught in multiple lies in recent legal proceedings.

Team Kimberlin Post of the Day


While Brett Kimberlin hasn’t won any of the LOLsuits he’s filed since the beginning of 2012, he has managed to escape completely losing several civil suits filed against him. In 2016, he managed to skate by in the Walker v. Kimberlin, et al. case, but reading the TKPOTD from three years ago today shows it was a pyrrhic victory.

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Originally, Judge Mason ruled that information about most of Brett Kimberlin’s criminal record would not come into evidence in the Walker v. Kimberlin, et al. trial because in might be more inflammatory than probative. That changed during The Dread Pro-Se Kimberlin’s cross examination of Aaron Walker. This exchange occurred while the jury was out of the courtroom:

THE COURT: Ah, with respect to the bombing, as I discussed yesterday, you have now opened the door to that —

MR. KIMBERLIN: Alright, well I —

THE COURT: — my law clerk went back to the record this morning and listened and confirmed, and, ah, can read into the record if you like, but the record is what it is.

MR. KIMBERLIN: OK. Well, then I’m going to explain that then at the beginning, you know, and you know if we want to get into the bombing case, then I need to explain that.

THE COURT: That’s fine. Well, —

MR. KIMBELIN: You know —

THE COURT: You have opened the door to it —

MR. KIMBERLIN: Alright.

THE COURT: — by telling the jury that you were, what exactly did he say, Ben?

LAW CLERK: Mr. Walker has accused me of criminal charges on his blog or in tweets of many, many crimes. I’ve never been arrested for any of those crimes. I have never been prosecuted for any of those crimes. I’ve never been sentenced for any of those crimes.

THE COURT: OK, and that specificly is not true.

MR. KIMBERLIN: Well, the way, OK, if you isolate it, but the sentence before that, I believe that I was talking about sex offense.

THE COURT: I don’t believe that the sentence before. At some time before —

MR. KIMBERLIN: Alright —

THE COURT: — you were talking about sex.

MR. KIMBERLIN: I’m going to clean that up.

THE COURT: Fine.

MR. KIMBERLIN: If you let the bombing case in, I’m going to explain that the bombing case that I sued for false imprisonment, that I had a settlement with the Department of Justice, that I don’t have the case any more. I’m not on parole. That it was the first case ever to, to, I mean that it was the last case in the history of the United States to be allowed to use hypnosis. You want me to —

THE COURT: No.

MR. KIMBERLIN: –this whole —

THE COURT: No, we are not getting into all that.

MR. KIMBERLIN: OK, then don’t get into the conviction.

THE COURT: Don’t tell me what to do. OK? You have made the fact of the bombing case admissible because you have misled the jury by saying you were never prosecuted, convicted, or sentenced for any crime that he blogged about. And one of the primary crimes he blogged about initially, the reason he refers to you as a terrorist has to do with this bombing. I kept it out because I felt that, potentially, it was more inflammatory that it was probative, although, frankly, I felt that probative because I felt that it explained why, as you say, he’s obsessed with you. That’s a fairly unusual crime. But in trying to be fair, I kept it out. You took the stand and told the jury, basically, you had never been convicted, as I say, you’d never been sentenced, never spent time. In addition to which, you volunteered in your statement to the jury when you’re describing yourself for your background that you committed or you had some trouble or you did some things wrong when you were a juvenile. But that’s sort of all, and you referenced the perjury, that’s sort of all behind you. So you leave the jury with the impression that as a young kid you made a false statement and did your time and there’s nothing else there, which also I think is potentially misleading.

The Kimberlins may have won the Walker lawsuit, but at what price? The jury found that they lied. They are now adjudicated liars.

Maybe TDPK should start posting a Breitbart Unmasked Bunny Billy Boy Unread as Pyrrhus of Epirus.

A couple more things … nothing in the verdict or Judge Mason’s ruling based on the jury’s verdict should be interpreted as saying that it is permissible to lie in his courtroom. As a matter of law, he had to strike the statements that the jury found were lies and add the withheld information that jury found should have been present. Given what the jury gave him to work with, his ruling was not unreasonable. Too much of the Applications for Statement of Charges remained intact. I believe the Judge did the best he could with the jury’s verdict. Also, the transcript puts a great deal of admitted and proven facts on the record. While the Walker jury did not pick up on them, I did.

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In rereading that post, I noted a couple of lies that The Dread Deadbeat Pro-Se Kimberlin told the court. One was his claim to have sued the DoJ for false imprisonment. I can find no record of such a suit. I can find no record of any settlement. If they existed and were sealed, the case captions would still exist on the record. Because I can’t find any evidence to support this perjurer’s testimony, I have concluded he is lying.

It’s also not true that TDPK is not on parole. In 2006, he successfully completed five years of supervised parole, and he was released from supervision. However, according to his parole records which a member of the Vast Hogewash Research Organization obtained via a Freedom of Information Act request, Kimberlin’s sentence expires in 2030.

BTW, I wish he had made that claim about his parole status in front of the jury. His parole records were on hand in the courthouse for rebut his claim.