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

Part of the scam associated with Brett Kimberlin’s not-for-profits has been advocacy for stricter gun control. The TKPOTD for nine years ago today dealt with his history of being a felon illegally possessing firearms.

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One of the latest efforts of Brett Kimberlin’s Velvet Revolution US is a website called NRA Watch (No, I won’t link to it.) that is advocating for stricter gun control, including a ban on modern sporting rifles such as the AR15 and standard capacity magazines. Hold that thought while you read the following passage from page 173 of Mark Singer’s Citizen K:

To counter Kimberlin’s claim that he was temperamentally incapable of violence (“not prone to assaultive behavior”), for instance, the government cited the array of weapons that had been seized during the drug bust in Texas. Among them was a .22-caliber semiautomatic pistol equipped with a silencer. The testimony of Bixler placed this gun in Kimberlin’s hands, along with the half-dozen AR-15s he said he had bought the defendant.

At the time that he was busted while trying to smuggle 5 tons of dope in Texas, Brett Kimberlin was already a convicted felon, and it was illegal for him to possess any firearm. Did that law stop him? Straw purchases were against the law then as now. Did that stop him?

Do you think that he would have complied with a 10-round magazine limit for the AR15s he wasn’t supposed to have?

Me neither.

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Incapable of violence? Carl Delong was unavailable for comment.

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

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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

Team Kimberlin is a bunch of liars, and if the story cited in the TKPOTD from seven years ago is to be believed, they even lie to each other.

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My copy of Animus Nocendi, Bill Schmalfeldt’s latest cut-and-paste opus, arrived Thursday afternoon. I’ve read it. It uses some of his old blog posts and various court papers stitched together with a bit of connective text to attempt to tell his side of “the story.” I can’t really recommend it as an accurate, nothing-but-the-truth, recounting of the interactions between him and me over the past couple of years.

He does share one interesting anecdote. At the very beginning of the book, he relates a conversation he had with Brett Kimberlin in which the subject of Kimberlin’s claim of being Dan Quayle’s dope dealer came up. He quotes Kimberlin as saying, “Of all the things I’ve been charged with, that’s the one thing I DID do!” That summarizes the factually challenged nature of the book. Brett Kimberlin was never charged with selling marijuana (or any other drug) to Dan Quayle, and, if Mark Singer’s research for Citizen K, Kimberlin’s authorized biography, is to be believed, he never sold Dan Quayle any dope either. Similarly, many of the events discussed in the book did not actually transpire as Schmalfeldt describes them.

As I said, I can’t recommend Animus Nocendi. Howerver, if you insist on buying a copy, may I suggest that you use the Amazon shopping link on the Home page? I’ll get a cut of the action, and any earnings from sales of the book will be sent to Bomber Sues Blogger. [expired link] to help with the expense of defending against The Dread Pro-Se Kimberlin’s vexatious lawsuit aimed at suppressing the First Amendment rights of bloggers.

One more thing … animus nocendi is Latin for “intending to harm.” That appears to be an accurate description of the purpose of the book.

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Animus Nocendi is a print on demand book. It really can be ordered from Amazon.

Team Kimberlin Post of the Day

All the members of Team Kimberlin have inflated perceptions of their intelligence and abilities. Brett Kimberlin’s arrogance has led to many of his failures. The TKPOTD for eight years ago today dealt with one serious failure.

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handrolled2Mark Singer’s book Citizen K paints a picture of a fairly smart guy who turns out to be too smart for his own good. Or too arrogant. This is found on p. 107 in a discussion of Brett Kimberlin’s drug bust in Texas:

Kimberlin knew that he and Bixler and the landing strip were under surveillance from the moment they rented the Cessna for their reconnaissance. He knew that Customs agents followed him to McAllen. He knew they rented rooms in the same motel where he and his crew stayed in Alice. But he refused to conclude that the venture was doomed. Eventually, the government put together a case file whose narrative terminated, inexorably and triumphantly, with Kimberlin squarely nailed. No matter. In Kimberlin’s cosmology he was always several IQ points and steps ahead of the law. If the plane had landed on time and unloaded and departed without mechanical complications, all would have been right with the world.

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A man’s got to know his limitations.

—Inspector Harry Callahan

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

It was just a year ago today that Brett Kimberlin lost yet another court case as reported in this TKPOTD.

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Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

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Here’s another quote from that order:

But because he has been convicted of multiple felonies in separate trials, including a 1974 perjury conviction in this Court, Case No. IP 73-cr-132, and the 1979 conspiracy to distribute marijuana conviction in Texas, (as referenced in Kimberlin, 805 F.2d at 225), neither of which are at issue here, a successful challenge to any one conviction will not relieve him of these impediments. See United States v. Keane, 852 F.2d 199, 205 (7th Cir. 1988) (“a single felony conviction supports any civil disabilities and reputational injury [a convicted felon] may have to endure”).

The only person who ruined Brett Kimberlin’s reputation was Brett Kimberlin.

Team Kimberlin Post of the Day

I probably should have titled this post Brett Kimberlin and the Case of the Missing Websites. Seven years ago today, I had a couple of posts about Kimberlin-related websites. The TKPOTD was about a site that had disappeared.

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The Gentle Readers who have been following The Saga of The Dread Pirate Kimberlin lo these many months may remember posts about a website called globalpharma dot biz. This was a site for a company that appeared to have a physical presence in Arizona but whose website was hosted in Holland on the same server as the Kimberlin-related off-shore sites. It’s name server was unmaskedhosting dot com, a domain apparently owned or controlled by Brett Kimberlin. globalpharma dot biz offered to sell me Schedule IV prescription drugs for sale with no prescriptions required.

When I checked yesterday afternoon, the website was missing.globalpharma_miaA bit of digging turned up this interesting information about the domain’s name server history.globalphama_nsChange of ownership?

Hmmmmm.

UPDATE—Here’s a couple of interesting thoughts that popped up while reviewing The Dread Pirate Kimberlin’s RICO suit against me. Neither it nor the state lawsuit he has filed mention any of my writing about globalpharma dot biz.

Also, there’s an interesting coincidence in the timing of globalpharma dot biz going dark. It happened around the time the RICO suit was being drafted and filed. I wonder if a review of 18 USC 1961 had anything to do with the site going down?

As used in this chapter—

(1) “racketeering activity” means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; … (D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States …

* * * * *

The second post, It’s Not Exactly Fraud … , was about a money raising site.

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… but it looks kinda shady. The Dread Pirate Kimberlin’s “charity” Justice Through Music Project runs a website called pussyriotdefensefund dot org. Just looking at the name, it would not be unreasonable for someone to assume that the site was involved in raising funds to help with the legal defense for members of the Russian rock band that have been prosecuted.

Here’s the top of the site’s home page. (Click on the image to embiggen it.)pussyriotdefensefund_orgZooming in on the text show this:pussyriot_zoomSee, Gentle Reader, the site’s not really a fraud because it comes right out and tells you that the donations go to JTMP.

BTW, TDPK has filed a federal RICO accusing me of mail fraud and wire fraud because I asked you to donate to funds supporting other bloggers and because I am now one of the beneficiaries of a fund to defend against a frivolous and vexatious lawsuit from Kimberlin. If you believe that the BomberSuesBloggers fund is a scam, please don’t contribute. If you think that blogs such as Hogewash! should be able to publish about potential scams, even if they might be run by Brett Kimberlin, then please go over to the BomberSuesBloggers  [Dead link. We took the site down after we won the LOLsuit.] site and find out how you can help.

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Kimberlin eventually pulled the plug on pussyriotdefensefund dot org. Perhaps it wasn’t generating enough cash flow to bother paying for its hosting. Or Kimberlin may have let lapse through inattention.

Whatever.

Meanwhile, the Justice Through Music Project website was still missing in action as of 9:30 pm ET, Saturday.

Team Kimberlin Post of the Day

Past performance is no guarantee of future results, but it’s the way to bet—

Dope Smuggling—caught, pleaded guilty

Serial Bombing—caught, convicted, paroled, sentence expires in 2030

Pro-Se Lawfare—four state defamation LOLsuits, one fraudulent default judgment, one directed verdict for defendants, two dismissals

Pro-Se Lawfare—six peace order petitions, all denied

Pro-Se Lawfare—five false criminal complaints, all dropped for lack of evidence

Pro-Se Lawfare—five federal LOLsuits, all dismissed

Music Career—neither of the bands Epoxy nor Op-Critical was successful

Election Protection 2016—Trump won

Dirt Digging 2017—got scammed by fake financial records

Election Protection 2020—as of 10:05 pm ET yesterday @ItsTime_2020 still didn’t have a single follower.

Team Kimberlin Post of the Day

This TKPOTD from six years ago today explains how Brett Kimberlin came to be referred to as The Dread Pirate Kimberlin.

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bot_logoThose Gentle Readers who haven’t been following the Saga of The Dread Pirate Kimberlin since last summer may not understand the piracy references. One of the organizations that raised money to help defray the legal expenses for the Virginia and federal Walker v. Kimberlin, et al. lawsuits last year was the Bloggers Defense Team. Team Kimberlin responded with a piracy themed website called the 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.

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 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.

UPDATE—From Bill Buckler’s The Privateer via Zero Hedge:

No tyrant on any level can handle derision, it deflates them utterly by reducing their stature to its proper level in a way which they cannot escape.

Yep.

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As part of the continuing ridicule of TDPK, his other activities also came under the banner of dreadness—The Dread Pro-Se/Prerormer/Protector/Protestor/Pedo/Publisher/etc.—but as he failed to pay the sanctions and court court due after his campaign of lawyer, Dread became Deadbeat.

He’s now the Deadbeat P______ Kimberlin. The Gentle Reader may insert his word of choice.

Team Kimberlin Post of the Day

Note: This post was originally set for 12:02 am ET on the 4th, but I’m putting it up a few hours early.

Back in 2018, Brett Kimberlin filed a civil case in the Southern District of Indiana seeking to vacate some of his convictions related to the Speedway Bombings. Last Friday, Judge Tanya Walton Pratt denied his petition. Eugene Volokh has some commentary here.

I’ve included the judge’s order below. She quotes Kimberlin as having claimed:

For example, because these convictions bear on the issue of fraud, Petitioner is unable to apply for or receive government grants

Oh, really?

Isn’t the petitioner the same Brett Kimberlin who claimed that my codefendants and I in the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness LOLsuit had interfered in his relationship with the State Department and its International Visitor Leadership Program? Yes, it is, but if you look very carefully at his filings in his LOLsuits against me, he never explicitly claims that either Justice Through Music Project or he was an actual State Department contractor, and when I filed a FOIA request for the any contracting details, the State Department said they had nothing on record.

Hmmmm.

Oh, one more thing … Kimberlin was represented by counsel in this case. Perhaps he’s been taught a lesson about his pro se skills.

Team Kimberlin Post of the Day

I’m informed that a news website covering the bustling megalopolis of Macomb, Illinois, has posted reporting by a certain GS-13 Editor about Western Illinois University’s new program Cannabis Biology and Production. (No, I won’t link to it.) Ag Students will be able to minor in cannabis production beginning with the upcoming Fall semester.

No former dope importers with midwestern distribution operations were available for comment.

Team Kimberlin Post of the Day

I was reviewing some of the convoluted connections that have turned up in my reporting of the past and present activities of The Dread Deadbeat Pusher Kimberlin, and Rube Goldberg came to mind. That, in turn, reminded me of this post from five years ago today.

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Here’s how Chapter 7 of Citizen K, Mark Singer’s biography of The Dread Pirate Kimberlin, begins:

A couple of weeks shy of his eighteenth birthday, in May 1972, Kimberlin was indicted and charged with having sold 2.3 grams of cocaine to someone who turned out to be a government informer. … The prosecutor who directed the grand jury that returned the indictment believed, because of what he’d been told by witnesses and federal drug agents, that Kimberlin was a substantial trafficker in cocaine, LSD, marijuana, and hashish. After Kimberlin’s arraignment, the prosecutor and agents were greatly surprised to learn that, legally, he was still a juvenile. In time, the government and Kimberlin found themselves in accord that the cocaine bust fit a pattern: The authorities saw a pattern of criminal behavior, while Kimberlin detected error and malice on the part of people supposedly enforcing the law. From either perspective, the episode could be regarded as a first domino—although the domino metaphor, inasmuch as it implies a linear progression, seems inexact. More fitting, perhaps, would be to think of it as a spring-activated lever in the Rube Goldberg contraption that delivered Kimberlin to his complicated destiny.

With apologies to Mr. Goldberg—Hand (A) pulls string (B) releasing hook (C) which starts small car (D) rolling down tracks (E), bumping monkey (G) who jumps in fright, causing hat (H) to fly off and land on the end of lever (I). The other end (J) of the lever rises, and rope (K) opens curtains (L) letting in sunlight through magnifying glass (M) focusing heat on joint (N). Cop (O) smells smoke (P) and applies handcuffs (Q).

* * * * *

I couldn’t have made of the characters in Team Kimberlin if I’d tried.