Team Kimberlin Post of the Day

Brett Kimberlin is not only a liar, he he doesn’t know when to keep his mouth shut. As the TKPOTD from none years ago today details, he sometimes gets trapped into telling the truth.

* * * * *

What perjury boils down to is lying under oath. Brett Kimberlin is a perjurer. He was convicted of that crime in November, 1973. He doesn’t seem to have broken the habit. I have seen transcripts of his testimony during the last couple of years where he denied, for example, having had his parole revoked. One need only search for Kimberlin v. Dewalt as a legal document using Google Scholar to find out about Kimberlin’s appeal of his parole revocation.

Speaking of Kimberlin and appeals and perjury, here’s a bit from one of the Seventh Circuits decisions on one of his appeals related to the Speedway Bomber convictions [United States v. Kimberlin, 805 F.2d 210 (1986)]. Kimberlin asserted that allowing the jury to hear about his previous conviction prejudiced them against him.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

I don’t understand why anyone would believe him to be trustworthy.

* * * * *

His criminal past seems to keep blowing up in his face.

Team Kimberlin Post of the Day

Brett Kimberlin already had a felony conviction for perjury during the Speedway Bombings, so it was federal felony for him to posses explosives. It was also a federal felony for him to posses a firearm. The TKPOTD for nine years ago today dealt with how effect such laws are in compelling compliance by criminals.

* * * * *

As I’ve mentioned before, Brett Kimberlin is running a website called NRA Watch (No, I won’t link to it.) that supports a ban on modern sporting rifles such as the AR15. Back in the ’70s, when he was prohibited by the Gun Control Act of 1968 from possessing firearms because of a felony conviction, Brett Kimberlin had a significant personal arsenal. Here’s a partial description from the appeal of his bombing conviction to the Court of Appeals for the Seventh Circuit [805 F.2d 210 (1986)]:

ATF Agent Donovan testified that in a search of defendant’s home September 23, 1978, he found a .22 caliber rifle and two shotguns, a box of 12 gauge shotgun shells, a box of .22 caliber ammunition, and a clip containing four .30 caliber rounds. Twelve (12) gauge shotgun shells and 30.06 ammunition had also been found in the Impala. This evidence came in without objection.

Scott Bixler was a co-defendant with defendant Kimberlin in the Texas marijuana case. In rebuttal he testified that in the summer of 1978 he purchased seven AR-15 rifles at $300 each. Defendant Kimberlin supplied the money, and Bixler turned six of the rifles over to him. Days before, Bixler had purchased a shotgun for defendant Kimberlin. This testimony came in without objection. There was testimony that an AR-15 was found at the Patricia Strait residence in Texas, along with apparent bomb components, and that the serial number on the rifle was scratched through. This evidence came in without objection.

On redirect, Bixler testified, over objection, that he and defendant Kimberlin had shot a semi-automatic .22 caliber pistol with a silencer on the end of it. Kimberlin had provided this weapon. They shot it at the “airstrip,” a location which figured in the marijuana operation.

Six AR15s?

* * * * *

Some how, I’ve managed to get by with only one.

Team Kimberlin Post of the Day

I mention in yesterday’s TKPOTD that Brett Kimberlin’s Velvet Revolution US stopped filing IRS Form 990s after the 2015 reporting year, and that the IRS has revoked the entity’s 501(c)4 status. Kimberlin changed its name to Protect Our Elections/EMPR Inc. in 2017.

Here’s the signature block for the VRUS 2014 Form 990 as signed by Jeffrey Cohen, who was listed as Executive Director.

Here is the signature block for the 2015 Form.

The signature clearly do not match. Note, for example, the forward slant of the C in Cohen in the 2014 document and the backward slope of the C in the 2014 filing.

Backward slant is common in the handwriting of left-handed writers. Brett Kimberlin, who has a history of forging documents, is left handed.

Team Kimberlin Post to the Day

Brett Kimberlin has been a failure as a litigator. He’s also failed as musician. This was the TKPOTD from seven years ago today.

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bkepoxyThe most viewed post here at Hogewash! is my review of the CD Nothing Else by Epoxy, a band fronted by Brett Kimberlin. It’s still available via Amazon.

The following is from Amazon’s product page and was apparently provided by Kimberlin.

Product Description
If you take the best of guitar based punk and garage rock, add vintage analog technology, replace the theatrics of most modern bands with the real pain of being a real U.S. Government political prisoner, stir well, and you have Epoxy’s Nothing Else — the definition of rock for the 21st century. People are saying that this album will define the standards and the sound of alternative rock for years to come. Here’s what some people are saying about this album.
About the Artist
Brett Kimberlin, guitar and vocal, wrote all the songs on Nothing Else while incarcerated as a political prisoner by right-wing elements opposed to his First Amendment rights to speech and political activity. Many prisoner rights groups came to his rescue, including Amnesty International, Human Rights Watch, American Civil Liberties Union and Families Against Mandatory Minimums, and he was released after several years of suffering. A portion of each album sale will be contributed to these four organizations.

Have I ever mentioned that Brett Kimberlin was convicted of perjury?

* * * * *

All he he ever had was false narratives.

Team Kimberlin Post of the Day

Brett Kimberlin’s first felony conviction was for perjury, and he has continued to lie in court filings and when giving sworn testimony. The TKPOTD for eight years ago cataloged one lie included in the second amended complaint of his RICO Madness LOLsuit.

* * * * *

RICOMadnessHere’s a flat-out lie from the Dread Pro-Se Kimberlin’s second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. It’s found in paragraph 80.ECF 100-1-80I have written a total of exactly three point zero blog posts that mention Montgomery State’s Attorney John McCarthy. None of them call on anyone to contact him. They do ask why Mr. McCarthy’s office has neglected to prosecute TDPK for perjury.

Until now, I have never actually advocated that TDPK be charged with perjury in Montgomery County. But now I do. I believe that the Montgomery State’s Attorney’s Office ought to get off their butts and file perjury charges against Brett Kimberlin before the stature of limitations runs out on some of the false testimony I believe I heard him give last year.

I’ve never advocated here at Hogewash! that anyone contact Mr. McCarthy regarding prosecution of Brett Kimberlin, and I still do not advocate such behavior. The Gentle Reader should not waste his time.

Meanwhile, if the Gentle Reader wishes to review what I have written concerning John McCarthy, he can look here, here, and here.

* * * * *

Forget it, Jake. It’s MoCo.

Team Kimberlin Post of the Day

Today is the seventh anniversary of a hearing the peace order petition which Brett Kimberlin filed against me on behalf of his wife’s elder daughter. During the evening following the hearing, I posted this about Today in Court: #BrettKimberlin’s Case.

The post refers to Kimberlin’s inability to testify because of a perjury conviction. At the time of the hearing, Maryland was the last state which banned convicted perjurers from testifying in court. During the next session of the legislature after this hearing, the state senator representing the district where Kimberlin lives introduced legislation to end the ban on perjurers testifying. The bill passed, and the ban was repealed.

* * * * *

I’m going to do my writeup of today’s peace order hearing two parts. The first will deal with what happened before the lunch break while Brett Kimberlin was putting on his case. A second post will deal with my response. For a more detailed legal analysis of the case, check out Aaron Walker’s post.

As a preliminary matter, my lawyer raised the issue of Kimberlin being unable to testify in a Maryland court because of his previous perjury conviction. The back-and-forth over that burned up about ten or fifteen minutes and ended with Judge Williams ruling that Kimberlin could not testify.

Kimberlin made an opening statement outlining what he planned to prove with the evidence and testimony of others. During that opening statement he told several lies. One was that I attended a hearing relating to a mental health petition he had filed against his wife. I did not. On 9 July, 2013, I attended a hearing which dealt with protective orders that the Kimberlins had filed against each other. At the end of that hearing, Mrs. Kimberlin was detained. I left the courtroom while she was still in handcuffs but later found out that she was held because of a surprise mental health petition Kimberlin had filed. The judge released her and denied the petition within a few minutes.

Kimberlin also lied by claiming that I had approached his wife and offered her “things of value.” In fact, our first contact came when she approached me in a restaurant while I was waiting to meet someone else. While I was among a group of people who offered her assistance and paid for a lawyer to represent her in a hearing, I didn’t offer her anything of value to do anything for me or at my direction.

Kimberlin also said during his opening statement that I am “Paul Krendler.” I am not.

Kimberlin then called his first witness—Aaron Walker. Aaron’s testimony did not go well for the Petitioner. Aaron wound up testifying about the various claims of defamation that Kimberlin had made in the Kimberlin v. Walker, et al. nuisance lawsuit and the fact that my codefendants and I won the case on summary judgments and directed verdicts.

Next, Kimberlin called his daughter, the nominal petitioner, to the stand. She testified that she had been bullied at school and that when she had changed schools, her fellow students had googled her and found out about her father and ostracized her. Kimberlin tried to bring in the issue of his being called a pedophile through her testimony. At that point, the hearing had been going on for an hour, mostly because of non-germane points Kimberlin kept raising. The judge had had enough. He told Kimberlin—

I’ve given you some latitude. That. Is. Done.

Kimberlin rested his case, and the judge ordered a lunch break.

Stay tuned for Part Two.

* * * * *

Spoiler Alert: The peace order petition was denied.

Team Kimberlin Post of the Day

Brett Kimberlin routinely claims that any adverse reporting about him is based on false narratives. The TKPOTD from five years ago today was about one claim about false narratives being shot down in court.

* * * * *

I’ve been reviewing the transcripts of various trials and hearings involving The Dread Pro-Se Kimberlin. One of the main weaknesses in his cases is his apparent inability to construct logical arguments showing a cause-and-effect relationship between the damages he claims to have suffered and imagined actions of the adverse parties in the cases.

This exchange from TDPK’s testimony during the Walker v. Kimberlin, et al. trial last year is a good example of the sort of unsubstantiated claims he makes. Kimberlin had been trying to tell the jury about how Aaron Walker had placed the Kimberlin family under siege, and Judge Mason as been sustaining objection after objection because no factual basis is being offered for TDPK’s testimony. (Note: Aaron Walker was not one of the founders of the National Bloggers Club, and it was founded and operating before Kimberlin began attacking bloggers such as Aaron Walker.)

THE COURT: Again, Mr. Kimberlin, until you link it to Mr. Walker, I sustain the objection. So, you can tell us about anything that Mr. Walker did, or something that somebody else has acknowledged that they did in concert with Mr. Walker. That is, Mr. Hoge’s the only person we heard from, so Mr. Hoge acknowledged.

MR. KIMBERLIN: All right. Mr. Walker is a founding or a member of a group called the National Bloggers’ Club. The National Blogger’s Club is a group of conservative bloggers. It was formed to target me.

MR. WALKER: Does he have —

MR. KIMBERLIN: Mr. Walker has already —

THE COURT: Wait one sec.

MR. WALKER: What is the foundation?

MR. KIMBERLIN: — testified about this —

THE COURT: Wait one second.

MR. WALKER: What is the foundation?

THE COURT: Wait one second.

MR. WALKER: What is the foundation for that claim?

THE COURT: Okay. So, you’re saying that Mr. Walker formed National Blogger’s Club?

MR. KIMBERLIN: Mr., Mr. Walker has already testified on —

THE COURT: I’m sorry. Did he testify here in court?

MR. KIMBERLIN: — in court today, you know, that he received at least $5,000, I believe he said, or —

MR. WALKER: No.

MR. KIMBERLIN: — thousands of dollars.

THE COURT: $2,000, I believe he said.

MR. KIMBERLIN: Whatever.

MR. WALKER: No, not on that.

MR. KIMBERLIN: From the National Blogger’s Club, and that he has a donate button on his front page —

THE COURT: Correct.

MR. KIMBERLIN: — that donates to the National Blogger’s Club.

THE COURT: Correct.

MR. KIMBERLIN: So–

THE COURT: Okay. But if that’s the foundation, I sustain the objection.

TDPK is correct about one thing. All of the cases involving him deal with false narratives. But he’s wrong about who created them.

* * * * *

One of the most perplexing things about Brett Kimberlin is how someone with so much practice lying does it so poorly.

Team Kimberlin Post of the Day

Brett Kimberlin tried to use the discovery phase of the two cases that got past motions to dismiss (Kimberlin v. Walker, et al. and Kimberlin v. Frey) as fishing expeditions to dig up dirt on his adversaries. He pretty much failed in both cases. Of course, he was very uncooperative with discovery in the cases brought agains him. The TKPOTD for five years ago today dealt with his answers to interrogatories in the Hoge v. Kimberlin, et al. suit.

* * * * *

This came in the mail on Thursday.

Because I believe that discovery is best kept confidential to the greatest extent possible, I’ve redacted the answers to interrogatories which The Dread Pro-Se Kimberlin attached. I don’t intend to make any further public statement concerning this matter prior to the court’s ruling on the contempt hearing that has been ordered—except to note that the answers provided are still incomplete.

Murum aries attigit.

* * * * *

Now that case is several years old, I might as well publish the questions the court ordered Kimberlin to answer and his answers. As noted above, they are incomplete. They are also deceptive.

He didn’t think through his answers very well.

Interrogatory 5. There are no written documents authorizing the use of the assets of a 501(c)3 to pay for the personal legal expenses of one of its officers. Really? Hmmmm.

Interrogatory 6. No mention is made of the use of a Justice Though Music Project check to pay a filing fee in the RICO Madness civil case in which I was a defendant. I have a copy of the receipt which is also available on PACER.

Interrogatory 7. A fair answer.

Interrogatory 8. I have evidence which suggest the answer is incomplete. I will also note that as a result of contacts made with NASA, a criminal investigation was opened of which I was not the target.

Interrogatory 9. I have evidence suggesting that this answer is false.

And in other breaking news, Perjurers tell lies.

 

Team Kimberlin Post of the Day

One of the silliest claim that Brett Kimberlin made in any of his LOLsuits was that he had been a victim of discrimination and entitled to relief under the KKK Act. The TKPOTD for seven years ago today took a look at that claim he made in the RICO Madness LOLsuit.

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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.ECF 249-17

Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:

The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.

Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.

popcorn4bkI expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.

Stay tuned.

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One of Kimberlin’s key failings is his delusions of competence.

Team Kimberlin Post of the Day

Brett Kimberlin does not like to take “No” for an answer, especially from a court that has ruled against him. Yesterday, I posted his motion asking for extra time to file a petition for a rehearing of a failed appeal. The court said, “No, get your paperwork in on time if you want it considered.”

The TKPOTD for six years ago today was about a similar Kimberlin filing in the RICO Retread LOLsuit.

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The Dread Pro-Se Kimberlin has filed a motion to stay Aaron Walker’s dismissal from the Kimberlin v. Most of the Universe, et al. RICO Retread LOLsuit pending the results of TDPK’s appeal of his loss of the Kimberlin v. Walker, et al. nuisance LOLsuit.

The appeal of TDPK’s 2014 loss is now in the Maryland Court of Special Appeal, and a decision is expected in a month or so. TDPK is hoping that a successful appeal would wipe out the use of res judicata as a defense in the RICO Retread case. Even if it did, that wouldn’t help Kimberlin. The case against Aaron was dismissed for res judicata and failure to state a claim upon which relief can be granted. Eliminating only one of the fatal wounds will not make the case any less dead.

#Futile

* * * * *

The appeal in the Seventh Circuit has a similar issue. Kimberlin was seeking to have some of his Speedway Bombing convictions overturned because they were felonies which caused him various legal disabilities. For example, he can’t serve on a jury. His petition was denied because his other felony convictions (perjury and drug smuggling) would has still exist, so his status as a felon would be unchanged.

Team Kimberlin Post of the Day

One of the ways that Team Kimberlin has tried to harass its perceived enemies is by contacting third parties (employers, friends) with lies. In one case that I wrote about six years ago today, Bill Schmalfeldt tried Appealing to a Higher Authority.

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NQ201601220042ZI’m not surprised that a religious person would make his spiritual advisor aware of a stressful problem such as ongoing harassment from the Cabin Boy™. I’d be more surprised if Patrick Grady hadn’t sought spiritual support from his church family. I have from mine. Bill Schmalfeldt has no idea how many people are praying for him and the people he harasses and for justice.

The Cabin Boy™ claims to be a Catholic. I wonder how long it’s been since he went to confession and actually confessed?

* * * * *

After Kimberlin’s initial victory getting Aaron Walker fired by frightening his employer with the possibility of terrorist violence because of Aaron’s involvement with Everybody Dray Mohammed, we been wise to the tactic and have worked vigorously to make sure it failed every time since.

Team Kimberlin Post of the Day

Brett Kimberlin has continued to maintain his innocence of the Speedway Bombings in the face of overwhelming evidence. He insists that he was framed, claiming, for example, the ATF planted the four modified timers found among the bomb making equipment found in the car he was driving when arrested by the FBI and Army CID for impersonating a federal officer.

As I noted in a post nine years ago today—

If I were a crooked cop trying to frame someone for a bombing, I wouldn’t bother to modify four timers and plant them. One would do. Traces of Tovex 200, the explosive used in the bombs, were found in the trunk of the car also. If I knew that, I wouldn’t bother to plant the timer. Possession of explosives by a felon (remember, TDPK’s a perjurer) is itself a felony, and possession of the same type used in the bombings provides a strong possible link to them.

No, TDPK wasn’t framed. He screwed up and left bomb making material in a vehicle that he was driving when he got arrested. That’s simply poor attention to detail and bad timing on his part.

BTW, one of Kimberlin’s current appeals relating to the Speedway Bombings is based on the claim that he didn’t know at time of the bombings that he was a felon because of his perjury conviction.

Yeah, right.

Team Kimberlin Post of the Day

Brett Kimberlin routinely lies. His first felony conviction was for perjury, and he has been caught making false statements in all the suits he filed against my codefendants and me. His current filings in his case before the Seventh Circuit Court of Appeals suggests he has not reformed. The TKPOTD from seven years ago today examined one of lies in a Kimberlin court paper.

* * * * *

The Dread Pro-Se Kimberlin make lots of assertions in his various filings in his Kimberlin v. The Universe, et al. RICO Madness that are equal parts falsehood and silliness. This is from his opposition to my motion to dismiss his first amended complaint.

ECF 29-14Point (1) of that claim is simply false. Here is how I replied—ECF 56-p10_11Of course, I expect to win the RICO Madness lawsuit. It should be dismissed for multiple reasons, including TDPK’s failure to state a claim for which relief can be granted. Even if it makes its way to trial as the state Kimberlin v. Walker, et al. nuisance lawsuit did, TDPK can’t present evidence for all the elements of any of the torts he’s alleged.

popcorn4bkThe Team Kimberlin Theory of Lawfare as propounded by First Mate Neal Rauhauser relies on low-cost pro se lawsuits against defendant’s with little legal experience who can be intimidated into settlements. TDPK’s practical application of the theory in the RICO Madness has been rather inept. He’s sued a couple of lawyers, several media entities with counsel either on retainer or staff, and several other defendants deeply committed to defending their First Amendment rights. The other defendants who might have been intimidated have been encouraged by the vigorous defenses that some of us have made.

It’s disappointing to have to wait until next year to see this vexatious lawsuit go away. OTOH, the longer it lasts, the greater the potential blowback on Brett Kimberlin. I’ll bet that he doesn’t have enough good sense to cut his losses by seeking to dismiss the case rather than filing his omnibus opposition.

We will see.

Stay tuned.

* * * * *

No, he didn’t have the good sense to cut his losses after the RICO Madness LOLsuit. He sued me in state court (RICO Retread) over the state law claims, kept me involved in discovery for the single count against the one remaining defendant in the first RICO case (RICO Remnant), and named me as a defendant in the second RICO 2: Electric Boogaloo LOLsuit. It took beating him in all of those for him to finally figure out suing me was a whole lot more trouble than it was worth.

Team Kimberlin Post of the Day

Today is the seventh anniversary of the end of the Kimberlin v. Walker, et al. trial. After The Dread Deadbeat Pro-Se Kimberlin rested his case, Judge Johnson ruled that he hadn’t really presented one because he didn’t bother to offer evidence that any of the statements my codefendants and I had made were false. The suit alleged defamation and false light, and both torts require that the allegedly offending statements be false. We were granted a judgment in our favor. Kimberlin lost.

Judge Johnson was inclined to allow Kimberlin to testify in spite of the then current ban on perjurers’ testimony in Maryland. Kimberlin dodge a perjury trap when we didn’t have to put on our defense. Before the trial resumed, I posted an explanation of what Kimberlin would face on the witness stand: Can #BrettKimberlin Measure Up to Midgett?

* * * * *

It is possible that The Dread Pro-Se Kimberlin may be allowed to offer some testimony during the Kimberlin v. Walker, et al. trial.

TDPK has refused to answer the interrogatories that Aaron Walker, Stacy McCain, and I have sent him as a part of discovery in the Kimberlin v. Walker, et al. nuisance lawsuit. One of the reasons he initially cited was his Fifth Amendment privilege against self incrimination.

In Midgett v. State, 223 Md. 282 (1960), the Maryland Court of Appeals ruled that there are limits to that privilege.

The bases for the rule are (i) that the witness has the right to determine whether or not to invoke the privilege, not that the rule is for the exclusion of unreliable evidence, and (ii) that the court must be in a position to determine whether the claim of privilege is in good faith or lacks any reasonable basis.

Id., 289. Thus, in order to invoke the privilege during the trial, TDPK will have to convince the judge that he will risk incriminating himself if he truthfully answers questions such as “How old was your wife when you married her?” or “If you have ever denied being sent back to prison for a parole violation in any court since January 1, 2010, explain the material circumstances for why you issued such a denial while under oath.”

Hmmmm.

* * * * *

He came out ahead by coming up short.

Team Kimberlin Post of the Day

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

* * * * *

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.

* * * * *

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

Team Kimberlin Post of the Day

The TKPOTD for seven years ago today, caught Brett Kimberlin in one of his many lies in a court filing.

* * * * *

This is from The Dread Pro-Se Kimberlin’s proposed second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.ECF 100-67That’s not true.

Stay tuned.

* * * * *

For the record, here is the IRS 501(c)3 status letter sent to the National Bloggers Club. I’ve zoomed in on the effective date.

 

Team Kimberlin Post of the Day

I was going through some boxes in the basement and found some old newspapers from the ’70s and ’80s that had been kept because the contained stories about various family and friends. While I was looking through the papers, I took a look at their comic pages. One of the funnies that caught my eye was a strip from The Wizard of Id. One of the characters in the strip was the king of Id, a pint-sized despot drawn to look like the king on a playing card. The strip that I noticed featured a recurring character called The Lone Haranguer who was yelling, “The king is a fink!”

That reminded me of the TKPOTD from eight years ago today which was about a sawed-off despot wannabe who was fink.

* * * * *

fink noun \ˈfiŋk\ : 1 informer. 2 one who betrays a trust.

When it suits his purpose, Brett Kimberlin will rat out someone else. This is from the decision of the Court of Appeals for the Eleventh Circuit in United States v. Sarmiento-Perez, [724 F.2d 898 (1984)]:

Appellant was also connected to the cocaine transaction by his admission to Brett Kimberlin, his cellmate. Kimberlin testified that appellant admitted his involvement in a drug transaction that appellant claimed to have gotten involved in as a favor for someone in his family. Kimberlin also testified that he vaguely remembered appellant telling him that the cocaine was in appellant’s car or in the car’s trunk.

Some people are willing to throw others under the bus.

* * * * *

I wonder if Sarmiento-Perez’s lawyers knew to impeach Kimberlin’s credibility because of his prior perjury conviction.

Team Kimberlin Post of the Day

One of the sillier claims that Brett Kimberlin makes related to his recently filed case with the Seventh Circuit Court of Appeals of some of his Speedway Bomber convictions is that the charges for being a felon in possession of explosives should be thrown out because (I’m not making this up) the government can’t prove that he knew that he was a felon as a result of his perjury conviction.

In a lower court, Appellant argued that his conviction for the simultaneous receipt of explosives and blasting caps could not stand under Rehaif [a 2019 case] because he was a mere teen who had only served two weeks in the county jail on a perjury charge, so there was no way he could know that he was a convicted felon.

Kimberlin’s understanding of his status as a felon has already been examined by the Seventh Circuit Court of Appeals. Here’s a bit from one of that court’s decisions on one of his appeals related to the Speedway Bomber convictions. United States v. Kimberlin, 805 F.2d 210 (7th Cir. 1986). Kimberlin had asserted that allowing the jury to hear about his previous conviction prejudiced them against him. The court disagreed.

Defendant testified. During direct examination he testified that he had been convicted of perjury. Defendant argues that the government improperly inquired on cross-examination concerning the details of the offense. On direct, for the obvious purpose of minimizing the offense, and its impact on the jury, defendant testified he was convicted when he had just turned eighteen, the grand jury was investigating drug abuse at the high school, and no lawyer was with him when questioned before the grand jury. Apparently believing that the door had been opened, the prosecutor inquired whether the perjury consisted of telling the grand jury he had not sold LSD to certain persons when in fact he had done so. The answer was affirmative. No objection was made. We think there was no plain error, if error at all.

After he lost the Kimberlin v. Walker, et al. nuisance LOLsuit in 2014, Kimberlin promised that his enemies would see lawsuits “for the rest of their lives.” He took a break after losing Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. National Bloggers Club (II), Kimberlin v. Hunton & Williams, et al. (I), Kimberlin v. Hunton & Williams, et al. (II), Kimberlin v. Hoge, Kimberlin v. McConnell, et al., and Kimberlin v. Breitbart Holdings, et al.—but since 2018 he’s had this case going against the United States.

Even with all our troubles, I suspect that the United States will outlive Brett Kimberlin. Perhaps his curse of lifelong LOLsuits has boomeranged.

Stay tuned.

Team Kimberlin Post of the Day

Generally speaking, a false statement that injures someone’s reputation may be grounds for a defamation lawsuit. However, certain statements are privileged and cannot give rise to a defamation claim. Statements made by a judge, a witness, or a party to a lawsuit that part of the court’s proceedings enjoy such a privilege. The TKPOTD from six years ago today was about Brett Kimberlin’s use of that privilege to attempt to smear his perceived enemies.

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This is from the Kimberlin v Team Themis, et al. RICO2 Electric Boogaloo LOLsuit.Themis ECF 1-58Brett Kimberlin knows that nothing in that paragraph is true, and he knows that I can prove that it is all false. Court filings are privileged against defamation claims, but saying or writing the same words in any other context would leave him wide open for a libel suit.

popcorn4bkThe Dread Pro-Se Kimberlin won’t publish those words in anything other than one of his vexatious LOLsuits, and members of Team Kimberlin who have been less careful may soon have a reason to be more concerned about …

Stay tuned.

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What Kimberlin missed was that false statement that are privileged with respect to defamation may still wind up supporting causes of action for abuse of process or malicious prosecution.

OTOH, his first conviction almost 50 years ago was for perjury, and that didn’t cure him of his lying in court.

Team Kimberlin Post of the Day

Lies can have serious consequences. This TKPOTD from eight years ago today dealt with the fallout of an early lie Brett Kimberlin told during a legal proceeding.

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So far this year, there have been over 700 hits on my original Who is Brett Kimberlin? post from last May. Clearly, there are people stopping by who aren’t familiar with the Saga of The Dread Pirate Kimberlin, so over the next few days, I’ll be posting some highlights of his career.

In May of 1972, a few days before he turned 18, Brett Kimberlin was indicted on a charge of selling cocaine. The charge was handled as a juvenile matter. In October, 1972, during testimony before a grand jury, Brett Kimberlin said that he had not sold LSD. In November, 1973, Brett Kimberlin was convicted as an adult of perjury relating to that grand jury testimony. That was his first felony conviction.

Kimberlin maintained that the two individuals he was accused of selling LSD to were actually manufacturing LSD, but the prosecutor in the case didn’t believe that. On p. 316 of Citizen K, Mark Singer writes:

The government’s general impression of Kimberlin was corroborated by Tim Young, who told me Brett was his source in several “multithousand-hit deals.”

“I probably sold fifty to seventy-five thousand hits of acid in my life, over a year and a half period,” Young said. “Purple microdot and orange sunshine are two that I remember. How much from Brett? All of it. I don’t remember ever buying acid from anybody but Brett. He sold it to me about ten thousand hits at a time. If he said he never sold acid, he’s a lying [redacted]. Guarantee.”

A lying [redacted]. My experience tends to confirm that view.

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The Gentle Reader may remember that Mrs. Hoge received her B.A. in Audio Production from Indiana University in Bloomington, the town where The Dread Deadbeat Pusher Kimberlin started his career as drug dealer. While I was dating her in 1978, I happened to cross paths with both individuals Kimberlin tried to frame with LSD manufacturing. No one I’ve met who knew them when they were dealing LSD believed they were capable of running a manufacturing operation. No one ever said anything that might have corroborated The Dread Deadbeat Perjurer Kimberlin’s story.

Team Kimberlin Post of the Day

Some people are so detached from Reality that they act is if facts don’t matter. It’s as if they believe that they spin whatever narrative they wish, and the Real World should fall in line with their stories. The TKPOTD from four years ago today dealt with on of Brett Kimberlin’s false narratives.

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The Kimberlins alleged in their most recent filing that I did not moderate any of the comments submitted for the 17 April, 2017, TKPOTD. They are wrong. In fact, I deleted three comments. Two failed to meet my standards for decorum. One made a comment about a member of someone’s family who I consider to be off-limits. I also didn’t let two comments from a newbie through moderation because they were obscene.

The Dread Pro-Se Kimberlin seems to be making it up as he goes along, and he isn’t doing a very good job of piecing together a believable story.

Everything is proceeding as I have foreseen.

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Lying liars gotta lie. We don’t have to believe them.

Team Kimberlin Post of the Day

One of the interesting things I’ve seen over the course of the legal wrangling with Team Kimberlin has been the change in Brett Kimberlin’s demeanor in court as the cases proceeded. I first mentioned that change in the TKPOTD that ran six years ago today.

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The Dread Pro-Se Kimberlin has been trying to sell his false narrative about being assaulted by Aaron Walker in the Montgomery County Circuit Courthouse for over three years. The existence of security camera footage proving that Kimberlin is lying has made it impossible for the allegation to get any traction in court, but that doesn’t seem to keep him from trying. This is from his new Kimberlin v. Team Themis, et al. RICO2 LOLsuit.R2 ECF 1-58collateral estoppel t-shirtThe previous state and federal court rulings on the matter mean that he’s barred from making any further such claims by collateral estoppel (Gotcher Hogewash! Collateral Estoppel goodies here!), but TDPK keeps bringing it up. (Doing the same thing over and over expecting a different result is … )

BTW, the bit about being assaulted is not the only falsehood flat-out lie in that paragraph. The “medical records” that TDPK provided to me during discovery for the Kimberlin v. Walker, et al. nuisance lawsuit were not the same as the ones he used in court in 2012. At least one set was likely forged. Also, I’m not “Paul Krendler.”

I’ve watched Brett Kimberlin in courtrooms for almost three years. I’ve seen him change. As the courts have begun to take his measure and understand that he is untrustworthy, his confidence has dropped. Over the same period, the assertions he makes in his court filings are becoming wilder. I suspect that he understands that he is losing. Perhaps he sees himself as Leonidas making a last stand, but it may be that he’s more like Tom Powers.

We’ll see.

Stay tuned.

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When Kimberlin’s lawfare campaign was just getting underway, he threatened to sue Patrick Frey with these words:

I have filed over a hundred lawsuits and another one will be no sweat for me.

Well, the last bunch certainly did make him sweat, and he lost them all. I doubt he’ll ever make that threat again.

Team Kimberlin Post of the Day

It should not be surprising when a convicted perjurer is caught lying. This Prevarication Du Jour from seven years ago today dealt with a whopper The Dread Deadbeat Perjurer Kimberlin included in a court paper filed in the Kimberlin v. Walker, et al. nuisance LOLsuit.

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The Dread Pro-Se Kimberlin is seeking a preliminary injunction in the Maryland Kimberlin v. Walker, et al. nuisance lawsuit which would require us defendants to take down every post since 7 July, 2013, that mentions him. We defendants have filed oppositions to his motion, and TDPK has filed his reply to our oppositions. In his reply he cites comments on this blog as proof that the defendants are inciting violence against him.BKvAW2013Reply2PIOpp-3So there you have it. Comments on this blog are as intimidating as burning a cross on someone’s front lawn.

Acme Law at its finest.

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Hogewash! is just a bush league blog, but it has a significantly greater web presence that all of the Team Kimberlin web outlets combined.

Brett Kimberlin’s grandiose schemes fail because of his delusions of adequacy.

Team Kimberlin Post of the Day

It was four years ago that Brett Kimberlin found himself mentioned in a national news story about one of the early attempts to use fake documents to attack the Trump Administration. Four years ago today, that provided More Brett Kimberlin News here at Hogewash!.

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The Daily Caller has a piece up that looks into Brett Kimberlin’s connection to a former Democratic National Committee official and the forged documents recently debunked by BuzzFeed.

Hmmmm.

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Kimberlin provided at least $ 9,000 in funding for the acquisition of those fake documents. That’s a lot of money for someone who pays himself only $ 19,500 from his “charity.” Where did that money come from? The Gentle Reader’s guess may or may not be as good as mine, but the exact source remains unproven.