Team Kimberlin Post of the Day

Brett Kimberlin has been in court for the past few years seeking to have some of his Speedway Bombing convictions over turned. Kimberlin case is based on asking for a writ of coram nobis to allow review of “errors” made during his trials. The TKPOTD for nine years ago today published a synopsis of his rap sheet.

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Cabin Boy Bill Schmalfeldt keeps referring to Brett Kimberlin’s “alleged” crimes. Here’s the list of federal crimes of which Brett Kimberlin has been convicted, some on multiple counts.

Perjury
Conspiracy to Possess Marijuana
Intent to Distribute Marijuana.
Possession and Illegal use of Department of Defense Insignia
Illegal use of the Seal of the President of the United States
Impersonation of a Federal Officer.
Receipt of explosives by a convicted felon
Possession of an Unregistered Destructive Device
Unlawful Manufacturing of a Destructive Device
Malicious Damage by Means of Explosives
Malicious Damage by Means of Explosives Involving Personal Injury.

The aggregate sentence for all of those charges (except the earlier perjury rap) was over 51 years. Kimberlin was paroled, had his parole revoked, and paroled a second time in 2001. In 2006 he was released from supervision by the Parole Commission. His sentence will finally expire in 2030.

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Because there is a difference in how different courts of appeals treat the writ of coram nobis, it’s possible the Supreme Court might take the case in order to clarify the law. However …

Even if the Supreme Court were to grant Kimberlin’s petition for a writ of certiorari and were to decide in his favor and order the case reopened, and even if the lower courts wound up granting Kimberlin the relief he is seeking, he will still be a convicted felon, and none of his rights will be restored.

His perjury conviction will still stand.

He pleaded guilty to the drug charges, so they will still stand.

The convictions relating to his arrest for attempting to have false federal IDs printed will still stand.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin is the subject of an authorized biography called Citizen K: The Deeply Weird American Journey of Brett Kimberlin. This post from nine years ago today provided an Amazon link to purchase a copy.

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CitizenKBack in the ’90s, before Brett Kimberlin’s parole was revoked, Mark Singer extensively investigated Brett Kimberlin’s background and his claim to have sold marijuana to Dan Quayle. Citizen K is the saga of a master drug smuggler, convicted bomber, suspected murderer, jailhouse lawyer, and media manipulator, whose story about supplying marijuana to a future vice president is only the beginning.

Click here to buy the book through Amazon.

UPDATE—Mmmmm. Popcorn.

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When Kimberlin was served with discovery interrogatories related to the book during one of his LOLsuits, Kimberlin claimed that he didn’t have a copy, so I bought one and sent it to him with discovery interrogatories in another case.

Oh, and here’s an interesting twist. The first copy of Citizen K I acquire was a gift from one of the Gentle Readers who had bought it at a used bookstore. It was marked as having been the property of the public library in Bloomington, Indiana.

Team Kimberlin Post of the Day

FWIW, I’m not the first person to come to the conclusion that Brett Kimberlin is a liar. The TKPOTD for eight year ago today took a look at some earlier opinions.

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As part of my background research on the Dread Pro-Se Kimberlin, I dug up a bunch of the reviews of his authorized biography Citizen K from when it was published in 1996. Considering that he hasn’t let the one year statute of limitations on defamation stop him from suing me over a non-defamatory blog post written more than a year before he filed suit, TDPK may want to consider adding these media outlets to the new suit he says he’s cooking up.

New York Times—

Mr. Singer began his reporting for the book in the summer of 1993, by going back to Indiana and checking up on what Mr. Kimberlin had told him. What he learned led him, almost immediately, to the conclusion that his subject was a liar of substantial proportions.

Entertainment Weekly—

Having since decided that his subject was, in fact, lying, he’s returned to the tale and fleshed out Kimberlin’s manipulative personality.

Baltimore Sun—

Citizen K lied. Brett lied. Lied about selling pot to Quayle. Lied about everything.

Publishers Weekly—

Quayle, it now seems, deserves apologies.

Los  Angeles Times—

Singer eventually found nearly all his complaints without foundation.

By the end of this complex tale you are left regretting that Singer and the New Yorker overlooked the sound advice of a New Yorker writer of an earlier time, James Thurber. One of his fables, about a feckless horse, ends with a moral all reporters should keep close to their hearts: “Get it right or let it alone. The conclusion you jump to may be your own.”

You see, Gentle Reader, Brett Kimberlin’s reputation as a liar goes a long way back.

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A reputation so bad a court found he was defamation proof.

Team Kimberlin Post of the Day

It wasn’t the Speedway Bombings that first brought Brett Kimberlin to national attention. It was the claim he made just before the 1988 elections that he had been Dan Quayle’s dope dealer. The TKPOTD for nine years ago today dealt with Mark Singer’s conclusion about the truth of Kimberlin’s story.

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handrolled2Mark Singer investigated Brett Kimberlin’s claims to a have sold marijuana to Dan Quayle. On p. 337 of Citizen K he writes that

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

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Given subsequent information that has been published here at Hogewash! and at other venues, it seems clear that Kimberlin was lying.

Team Kimberlin Post of the Day

This #BrettKimberlin Post of the Day is from ten years ago today.

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The truth is not only out there, it is uncontrolled. It cannot be beaten into submission by brass knuckles PR management.

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Even if his current attempt to get the Supreme Court to grant him relief from his Speedway Bombing convicts were to succeed, Brett Kimberlin will still be a convicted felon—a perjurer and a dope smuggler.

Team Kimberlin Post of the Day

Yesterday, I reported that the jtmp dot org website is back in operation and being kept more or less up to date. The same is true of the protectourelections dot org site.

Of course, the most important page supporting the grift is the DONATE page. It provides a link via Authorize dot Net to an EMPR account.Several years ago, Brett Kimberlin changed the corporate name of Velvet Revolution US to Protect Our Elections/EMPR Inc. One of the websites that entity operates is empr dot media, an English-language Ukrainian news/propaganda site. At best, POE donations going to EMPR would indicate that funds for “protecting” American election integrity are being commingled with funds supporting Ukrainian propaganda.

At worst … well, consider this information found at the top of the site’s ABOUT page—The second sentence is not true. Protect Our Elections has never been considered an 501(c)(3) entity by the IRS. At one time, it was registered under 501(c)(4), but that classification was revoked by the IRS.

I can understand why someone might believe something less than honest is a foot in an operation run by a convicted perjurer.

Team Kimberlin Post of the Day

Have I mentioned that Brett Kimberlin is a liar? Yes, I’m pretty sure I have. In fact, the TKPOTD for eight years ago today was about some of the more stupid lies he’s told.

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On 28 April, The Dread Pro-Se Kimberlin responded to my request for admission in discovery for the Kimberlin v. Walker, et al. nuisance lawsuit. You can read his responses as Exhibit D-2 of my motion to dismiss his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness. His responses are shot full of provable lies. For example—Admissions 3Admissions 4Here’s what the judge had to say about the Kimberlin v. Allen lawsuit when he made his ruling at the end of the hearing.BK v SA p109That’s from page 109 of the transcript.

Here’s how TDPK responded to the next request for admission.Admissions 5

Object? Well, I guess TDPK is disappointed—and perhaps a bit embarrassed—that his suit for defamation suit seeking $2,250,000 in damages was found to be worth a hundred bucks. (Say, does that mean that his $1,000,000 suit would get discounted to $44.44?)

Brett Kimberlin isn’t a very smart liar.

UPDATE—My codefendants and I in the Kimberlin v. Walker, et al. nuisance lawsuit are not commenting on discovery received from TDPK. The only exception is TDPK’s admission to me. Since those have been used an exhibit in my motion to dismiss in the RICO Madness, they are in a public document and fair game. We don’t intend to have anything to say the rest of the discovery provided until the court has ruled on any further pretrial motions or, perhaps, until after the trial.

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While it’s usually easy to catch The Dread Deadbeat Perjurer Kimberlin in a lie, he lost the Kimberlin v. Walker, et al. LOLsuit because he couldn’t show that anything my codefendants and I had said or written about him was false.

Team Kimberlin Post of the Day

Brett Kimberlin’s reputation for trying to play games with service of court documents was well established long before he sued me. The TKPOTD for eight years ago today dealt with one of the precautions required to minimize the adverse effects of his dishonesty.

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Federal Rule of Civil Procedure 11(b)(3) requires that “factual contentions have evidentiary support.” Here’s an allegation that The Dread Pro-Se Kimberlin made in one of his filings in the Kimberlin v. The Universe, et al. RICO Madness that has no basis in fact and for which TDPK can not have any evidence.ECF 49-5The only truthful part of that sentence is that I refuse to accept service via email from Brett Kimberlin. The precautions that I have taken securing the devices I use to access my email are very, very robust. Of course, nothing’s perfect, but I doubt that any the hacker wannabes in Team Kimberlin could breach those walls. The only undelivered mail from TDPK that I failed to pick up at the Post Office was addressed to and was being held for 29 Ridge Road. I live at 20 Ridge Road.

OK, why do I insist on service via mail? I do so because I want to be served a hard copy that was generated by TDPK. That way, if it doesn’t match what was sent to the court (and there have been multiple instances of altered documents in both the state and RICO cases), I can show the court what I received. This procedure strikes me as a reasonable method of dealing with a guy who has a long and apparently continuing history of perjury and forgery.

Speaking of lying forgers, I have adopted the same policy for service of court papers from The Dread Pro-Se Schmalfledt.™

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Lying liars gotta lie.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and a rather incompetent one at that. He got caught lying about dealing LSD which resulted in a perjury conviction just after he became an adult. The TKPOTD for eight years ago today dealt with another one of his lies.

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The Dread Pro-Se Kimberlin was convicted of perjury as a teenager, but that wasn’t the last time he lied in court. Mark Singer reported the following on page 322 of Citizen K:

At the third trial, he [Kimberlin] testified that Scott had taken possession of the Tovex to supervise further blasting in Jackson County, specifically tree-stump removal. This was perjury, he admitted to me.

And we’re still catching him at it.

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If I were to attempt an exhaustive list, …

Team Kimberlin Post of the Day

Brett Kimberlin tried to use discovery in his various LOLsuits as fishing expeditions to dig up dirt on his perceived enemies, and he was frustrated when most of the cases were terminated before discovery began. OTOH, he routinely failed to live up to his obligations during the discovery phase of the LOLsuits he filed. The TKPOTD for for eight years ago today dealt with one of his attempts to avoid responding to interrogatories.

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Here’s the answer that The Dread Pro-Se Kimberlin provided for the interrogatories I sent him through my counsel as a part of discovery in his Kimberlin v. Walker, et al. nuisance lawsuit.Won'tAnswerBrett Kimberlin is convicted perjurer. Maryland is one of several states that does not permit anyone who has been convicted of perjury for testifying in court. (Maryland Courts and Judicial Proceedings § 9-104.) However, under the Maryland Rules relating to civil actions in the Circuit Court, Kimberlin is obligated to provide answers to my interrogatories under penalty of perjury unless he can convince a judge to issue a protective order relating to one or more particular questions.

While given under oath, answers to discovery interrogatories are not testimony. They are not covered by § 9-104 per se. Rule 2-421(d) says, “Answers to interrogatories may be used at the trial or a hearing to the extent permitted by the rules of evidence.” In the case of TDPK’s answers, § 9-104 would disallow any of his answers being used as testimony, but one of the uses of discovery is to develop information that will lead to useable evidence. It can show me and my codefendants which rocks to turn over.

TDPK’s vexatious lawsuits—Kimberlin v. Walker, et al.; Kimberlin v. National Bloggers Club, et al; and Kimberlin v. Kimberlin Unmasked—are all exercises in anti-First-Amendment shutuppery. He’s afraid of the truth being told about him. He afraid that more truth will be known about him.

#StreisandEffect

UPDATE—Running Wolf clarifies TDPK’s statement.

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The court didn’t buy Kimberlin’s argument, and he was ordered to answer or not be able to offer evidence related to the interrogatories.

Also, I should correct on item. At the time of the LOLsuits mentioned in the post, Maryland was the last state prohibiting testimony from convicted felons. However, the state senator representing Kimberlin’s district proposed a bill to remove that disability, and the bill became law. This backfired on Kimberlin, because he could then be forced to either testify or invoke his Fifth Amendment right to remain silent.

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.

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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.

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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.

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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?

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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?

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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.

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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.

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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.

* * * * *

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.

* * * * *

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

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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?

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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.

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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.

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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?

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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.

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He came out ahead by coming up short.