Team Kimberlin Post of the Day


I sometimes wonder why Brett Kimberlin tells such flimsy lies in support of his lawfare’s false narratives. Perhaps he thinks that everyone pays as little attention to the facts as he does. Whatever. The TKPOTD from five years ago deals with one of the sillier claims from his RICO Madness LOLsuit.

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In his opposition to my motion to dismiss in the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin wrote the following:ECF 29-16I suppose by “non-profit that works with famous bands and artists” TDPK means “Justice Through Music Project.” If he does, he is misleading the court.

I recently took a look at the Justice Through Music Project website (No, I won’t link to it.) and worked my way back through over a year’s worth of its blog posts. There were lots of stories about “famous bands and artists,” but there was nothing about any of them working with or having anything to do with JTMP.

Nothing. Nada. Zilch. Bupkis.

#Wannabe

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Yesterday evening, I took a look at the jtmp dot org website. It’s beginning to look as if he’s given up trying to make a go of that operation. The most recent post is over three months old, and it’s not original content. It’s a article ripped off from westward dot com about a young performer from Denver named Lolita.

Lolita.

Vladimir Nabokov was unavailable for comment.

Team Kimberlin Post of the Day


It’s hard to sell a false narrative when your lies are transparently obvious. The TKPOTD from four years ago today showed one example of The Dread Deadbeat Pro-Se Kimberlin’s inability to keeps his “facts” straight.

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This is from The Dread Pro-Se Kimberlin’s complaint in the Kimberlin v. Team Themis, et al. RICO2: Electric Boogaloo LOLsuit.RICO2 ECF 1-77The tort of unreasonable publicity deals with disclosure of private facts.

fact noun \ˈfakt\ : a true piece of information

So if Brett Kimberlin is alleging that I published factual information about him, he’s verifying that what I wrote was true. Therefore, he cannot show that what I wrote was false—which puts an end to any claim of defamation or false light. OTOH, if I did engage in defamation, then what I wrote was false, and that kills any claim that I published private facts. TDPK’s complaint is self contradictory.

“[W]hen a complaint contains inconsistent and self-contradictory statements, it fails to state a claim.”  Hosack v. Utopian Wireless Corp., Case No. 11-CV-00420-DKC, ECF No. 15 (D.Md. 2011) at 12.

Oopsie.

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No wonder he lost all those LOLsuits.

Team Kimberlin Post of the Day


The Dread Deadbeat Protector Kimberlin has changed the name of his 504(c)(4) operations from VelvetRevolution.US to Protect Our Elections/EMPR Inc. Yesterday evening, I spent some time on the protectourelections dot org and empr dot media websites. (The EMPR site is an english language Ukrainian news site.) Neither site had any news about possible Ukrainian collusion with the Democrats during the 2016 election or the recent Joe Biden/Ukraine connection stories.

Hmmmmm.

Team Kimberlin Post of the Day


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

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

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

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

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

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

Well, like a group of real musicians once said:

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

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

Team Kimberlin Post of the Day


Perhaps the most idiotic of The Dread Deadbeat Pro-Se Kimberlin’s LOLsuits was Kimberlin v. McConnell, et al. which was the subject of the TKPOTD from three years ago today.

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The Dread Pro-Se Kimberlin has filed a LOLsuit against Senators McConnell (the Majority Leader) and Grassley (Chairman of the  Judiciary Committee) seeking to have a court declare that those two senators have “waived the Senate’s right to advise and consent with regard to the nomination of Merrick Garland” to the Supreme Court.

It’s clear that the suit is a publicity stunt, perhaps a lame attempt to restart fundraising for his not-for-profits. It’s also clear that the suit is massively flawed.

First, there is nothing in the Senate’s Rules that would allow only two members to waive that body’s responsibility to advise and consent to judicial nominations, so the imaginary waiver can’t have occurred. Second, the two houses of Congress each determine their own rules (U. S. Const. Art. I, sec. 5, cl. 2), and the Constitution does not give the courts the authority to review those rules.

Third, even if the court had jurisdiction in the matter, Kimberlin lacks the standing to sue. His complaint is based on the possibility that the Supreme Court might grant a writ of certiorari on one of his appeals and that the Fourth Circuit’s ruling he might be appealing might be sustained because of a split 4-4 decision.

A claim is not ripe for adjudication if it rests upon “‘contingent future events that may not occur as anticipated, or indeed may not occur at all.'” Thomas v. Union Carbide Agricultural Products Co., 473 U. S. 568, 580-581 (1985) (quoting 13A C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3532, p. 112 (1984)).

Texas v. U. S., 523 U.S. 296, 300 (1998).

popcorn4bkIANAL, but it seems that TDPK’s case will fail in court as a matter of law. I expect that it will also fail as an attempt to use virtue-signaling and pseudo-martyrdom as a fundraising tool.

I once wrote in a piece about The Dreadful Pro-Se Schmalfeldt’s LOLsuit VI: The Undiscovered Krendler that I found it better to be reporting on that LOLsuit from the outside rather than as a party. This one will also be interesting to follow as well.

Stay tuned.

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The suit was dismissed because Kimberlin lacked standing.

Everything proceeded as I had foreseen.

Team Kimberlin Post of the Day


One of the silliest claims that The Dread Deadbeat Pro-Se Kimberlin made in this LOLsuits was that he had lost work as a State Department contractor because of a RICO conspiracy. The TKPOTD from five years ago today took a look at that claim.

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The Dread Pro-Se Kimberlin claims that it was nefarious actions by his imagined RICO conspiracy that cost Justice Through Music Project its contracts with the State Department. No, really. It’s right here in his proposed second amended complaint in his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-152Believe it or not, this isn’t TDPK’s first attempt to get involved in Middle Eastern diplomacy. He had a go at it back when he was in prison. Yvonne Abraham reported the following at the Boston Phoenix back in 1996 in an article about Mark Singer’s book Citizen K:

And Kimberlin soon began undermining his own credibility. The more Singer got to know him, the stranger the prisoner became. Believing himself exceptionally talented, Kimberlin was certain he’d become an international recording star, and he thought he might just ask Sting or Paul McCartney to co-write some songs with him. He’d also tried to intervene in the Iraq crisis of 1990, in the hopes of averting the Gulf War, thereby making a hero of himself. “The plan was for Hussein to release these hostages — the human shield — to my mother,” he told Singer. Naturally, his own subsequent release would have been a given had the Iraqi ambassador to the United States acted upon the letters Kimberlin had his mother hand-deliver.

I couldn’t make this stuff up if I tried.

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When I filed a Freedom of Information Act request for information relating to any contracts let to Justice Through Music Project, Velvet Revolution US, or Brett Kimberlin, the State Department responded that they had no record of any such contracts.

I’m not sure who to disbelieve.
Continue reading

Team Kimberlin Post of the Day


A least a couple of the Democrats running for President have expressed support for allowing felons, including those still serving time, to vote. However, Pete Buttigieg, when asked about allowing terrorists to vote, simply said, “No.”

Protect Our Elections/EMPR was unavailable for comment.