Team Kimberlin Post of the Day


Brett Kimberlin’s 501(c)3 not-for-profit, Justice Through Music Project, and his 501(4), VelvetRevoliution dot US Protect Our Elections/EMPR Inc., are among the least transparent “charities” when it come to their finances. The following is part of a post called Dread Pirate #BrettKimberlin Sells DVDs that ran six years ago today. The reference to discovery relates to the first round of lawsuits between the Dread Deadbeat Pro-Se Kimberlin and Aaron Walker.

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Among the information sought from TDPK in the discovery process of the Virginia Walker v. Kimberlin, et al. civil suit are the financial records of his 501(c)(3), Justice Through Music Project, and his 501(c)(4), Velvet Revolution US.

TDPK asserted that he is immune from discovery, citing the Fifth Amendment among other reasons. Judge Potter’s response boils down to No, now get on with answering the questions put to you and produce the documents called for.

What is it about JTMP’s books, for instance, that TDPK wants to keep hidden? Does he have some trade secret for raising money for his “charities”? Or could it be that he really has a reasonable apprehension of criminal liability based on what those records would reveal?

Consider this: The IRS Form 990s filed by JTMP for 2005 through 2008 show revenue of $1,364,443 and total expenditures of $610,460 for “Printing and publication.” The JTMP website says that they produce DVDs and that they give ten away for each one that they sell.

However, none of the Form 990s for 2005 through 2008 show any income for the sale of DVDs or anything else. Neither does the Form 990 for 2010. Where are the records of the sales?

For that matter, are there any records to audit? JTMP has chronically asked for extensions of time to file with the IRS because “Taxpayer needs more time to gather records.” Really? Is the operation that lax? After all, the Executive Director is a lawyer and the returns have been prepared by an accountant.

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I’ve never seen one of the Dread Deadbeat Performer Kimberlin’s JTMP DVDs. I’m not really sure they ever existed. I’d like to get may hands on one, so I’m offering a $100 credit for merchandise at The Hogewash Store to the first person who sends me a Rock Your Rights DVD that can be authenticated.

Team Kimberlin Post of the Day


Back in 2012, a legal fund called the Bloggers Defense Fund was set up to support Aaron Walker in his court cases involving Brett Kimberlin. Kimberlin responded by setting up the Bloggers Offense Fund with a pirate-themed website. It’s because of that fund and website that he became laughingly referred to as The Dread Pirate Kimberlin. This post from six years ago today contrasted Kimberlin with Dread Pirate Roberts.

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The Dread Pirate Roberts, so the story goes, is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess, and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

The Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that Dread Pirate Kimberlin’s legal acumen seems to be as fictional as Dread Pirate Roberts’ existence. And no one will surrender to Dread Pirate Kimberlin.

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And defendant loses to The Dread Deadbeat Pro-Se Kimberlin. And no one listens to The Dread Deadbeat Performer Kimberlin, And no one reads the websites fo the Dread Deadbeat Publisher Kimberlin. And no one …

Team Kimberlin Post of the Day


From time to time, I repost information about how Brett Kimberlin came to be known as The Dread Deadbeat Pro-Se Kimberlin. This is what I posted on the subject four years ago today.

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bot_logoSome of the newer followers of The Saga of The Dread Pro-Se Kimberlin may wonder why he is called that. The nickname descends from an earlier one—The Dread Pirate Kimberlin. That came about after he put up a spectacularly unsuccessful pirate-theme fundraising website called Bloggers Offense Team. I found Kimberlin’s choice of the pirate-related logo at left is interesting. Pirates aren’t semi-sympathetic, comedic characters from a Johnny Depp movie. They are criminals. Was the mask slipping?

That got me to thinking … While Brett Kimberlin’s unconstitutional peace order prohibiting Aaron Walker from blogging about him was in place, I had taken to referring to Kimberlin as Lord Voldemort (“He who must not be named”). Why not a piracy themed nickname? The Dread Pirate Kimberlin. I used it, and it stuck—not only with my readers, but other bloggers began using it occasionally too.

As fans of The Princess Bride know, The Dread Pirate Roberts is a pirate of near-mythical reputation, someone feared across the seven seas for his ruthlessness and swordfighting prowess and who is well known for taking no prisoners. Ships immediately surrender and give up their cargos rather than be captured, a fate they imagine to be certain death.

TDPKThe Dread Pirate Kimberlin is more like a legend in his own mind, a pretender who wishes to be feared for his ruthlessness and legal ability and to be known for vanquishing all comers in court. Critics, he thinks, should immediately stop telling the truth about him and give up their First Amendment rights at his command.

It turns out that The Dread Pirate Kimberlin’s legal acumen seems to be as fictional as The Dread Pirate Roberts’ existence. And no one is willing to surrender to The Dread Pirate Kimberlin.

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Kimberlin’s repeated failure to pay the judgments and sanctions he owes have led to Dread being struck through and replaced with Deadbeat. His failures at almost everything he’s tried have led to other words being used in place of Pirate and Pro-Se. As a musician, he’s The Dread Deadbeat Performer Kimberlin. Given his string of unread websites, he’s The Dread Deadbeat Publisher Kimberlin. As a result of all the false narratives he’s tired to spin against his enemies, he’s The Dread Deadbeat Prevaricator Kimberlin. And so it goes.

Failing failures gotta fail.

Team Kimberlin Post of the Day


One common characteristic among the members of Team Kimberlin is a lack of musical talent. Rather than admit his inadequacy, The Dread Deadbeat Performer Kimberlin has tried to sue some of us who have commented on his musicianship. The TKPOTD from four years ago today dealt with his claim in his RICO Madness LOLsuit that my codefendants and I had tried to ruin his career.

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The Dread Pro-Se Kimberlin tries to claim that my 21 codefendants and I did all sorts of mean things to him to ruin his business. This is from paragraph 265 of his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 135-265Now, it is true that I have written a negative review of his musicianship.

Review: “Nothing Else” by Epoxy (#BrettKimberlin)

Originally posted on 17 July, 2012

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.

The CD is no longer reliably available on Amazon

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The original publication of that review resulted in Hogewash!‘s first Instalanche. There were probably more hits on that review over the next couple of days than on the jtmp dot org website for the next year.

The Dread Deadbeat Pro-Se Kimberlin’s plan for brass knuckles reputation management wasn’t any better than his music.

Team Kimberlin Post of the Day


Failing musicianship is a common characteristic among many members of Team Kimberlin. Very Ordinary Seaman Ferguson has never had much success peddling his sub-aetha schtick. Cabin Boy Bill Schmalfeldt’s song parodies are usually the low point of his podcast demo du jour. And, as the TKPOTD from four years ago today noted, The Dread Deadbeat Performer Kimberlin’s lack of talent has stunted his musical ambitions.

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Brett Kimberlin has wanted a successful music career for decades. The Gentle Reader can find his music videos lurking on YouTube and see why success has eluded him. On page 354 of Citizen K: The Deeply Weird American Journey of Brett Kimberlin, Mark Singer quotes Brett Kimberlin as saying:

My lyrics are very potent, and they’ll touch a lot of people. I see myself as being in the Phil Collins mold more than, say, in the Michael Jackson mold. I can’t be fake that way. I have to be real.

Certainly, Kimberlin does not rise to Michael Jackson’s stature …

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Also, none of them seem to have had much success with a day job either.

Hmmmm.

 

Team Kimberlin Post of the Day


Just before he began his most recent campaign of lawfare, The Dread Deadbeat Pro-Se Kimberlin warned Patterico that he had filed “over a hundred lawsuits,” and that one more would be a problem for him. He was wrong that further lawsuits wouldn’t be a problem—he sued the wrong folks. But it is true that he had filed lots of LOLsuits, most of them frivolous, and almost all of them losers. The TKPOTD from five years ago today dealt with one of the silliest.

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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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Although the issue was never raised, another reason to prevent TDPK from having an electric guitar while in prison would be to forestall Eighth Amendment claims from other prisoners.

Team Kimberlin Post of the Day


As part of a continuing search to find a relevant cause that would motivate donors, Justice Through Music Project got involved with the anti-fracking movement. the TKPOTD from five years ago today dealt with part of that effort.

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Justice Through Music Project has posted another music video on YouTube. It’s a sorta/kinda cover of John Prine’s Paradise. It’s an anti-natural-resource-extraction propaganda piece aimed at the Keystone XL pipeline. In fact, the band calls themselves the Keystone Pipeline Kops instead of Op-Critical.

Now, if I were Brett Kimberlin, I would avoid having anything to do with any song from John Prine’s first album lest I remind listeners of other songs from that album that might have unfortunate references to drug dealing, porn, etc.

Sam Stone: “There’s a hole in daddy’s arm where all the money goes.”

Your Flag Decal Won’t Get You Into Heaven Anymore: “While digesting Reader’s Digest in the back of a dirty book store …”

Illegal Smile: “Won’t you please tell the man I didn’t kill anyone …”

Just sayin’ …

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The failure of The Dread Deadbeat Performer Kimberlin’s music career sounds like a real Dear Abby.