Team Kimberlin Post of the Day

Today is the tenth anniversary of the altercation outside of Courtroom 9D in the Montgomery County Circuit Courthouse which led to Brett Kimberlin’s false claims that he had been assaulted by Aaron Walker. The Dread Pro-Se Kimberlin sought to use that imaginary assault as the basis of a peace order against Aaron, and a court hearing his petition found that no assault occurred.

TDPK has continued to use his story of being assaulted by Aaron as a part of various civil suits, submitting apparently inconsistent medical records in those cases. None of Kimberlin’s lawsuits claiming that Aaron assaulted (or battered) him survived a motion to dismiss.

He also included his story of the imaginary assault sending him to the hospital in the 2013 Application for Statement of Charges that he filed against Aaron. When Aaron sued for malicious prosecution, the jury found that Kimberlin had lied about being sent to the hospital.

Perhaps the biggest problem TDPK has had in peddling his tale is the existence of security camera video of the incident which shows that Aaron did not “deck” him as he initially claimed. Of course, the existence of contrary documentary evidence has rarely been a barrier to Kimberlin’s outrageous allegations against his perceived enemies, and that jury’s finding that he lied about his “assault” has no more squelched his telling the tale that did the judge’s finding almost ten years ago that no assault occurred.

Kimberlin has followed a similar pattern in his failed attempts to respin the case history of the Speedway Bomblings with imaginary tales of corrupt cops and prosecutors and of being held as a political prisoner.

Plus ça change

Team Kimberlin Post of the Day (A Few Hours Early)

I would usually hold this to post until just after midnight, but I feel like sharing this good news right away.

The Court of Appeals for the Seventh Circuit has affirmed the denial by a U.S. District Court of Brett Kimberlin’s petition for a writ of coral nobis seeking to set aside some of his Speedway Bombing convictions. His convictions stand.

Kimberlin still has another appeal related to the Speedway Bomblings pending at the Seventh Circuit.

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

Some moire items have appeared on the docket of the second Kimberlin appeal in the Seventh Circuit. That’s the appeal seeking to have some of his Speedway Bombing convictions set aside because some of the witnesses in the case had been hypnotized. Kimberlin has filed another motion asking the court to recruit a freebie lawyer to help with oral argument..

Kimberlin also filed a notice that one of the judges on the court (while in private practice as a lawyer) had represented him in a matter related to his current appeal.

The court has suspended briefing on the case pending review of Kimberlin’s motion for pro bono counsel.

Stay tuned.

Team Kimberlin Post of the Day

Well, there’s been some movement in both of Brett Kimberlin’s cases in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. A coupe of weeks ago, he filed his brief in the second appeal dealing with hair samples used as evidence in the Speedway Bombing trials and a motion asking the court to order the Department of Justice to state its current opinion one a previous directive related to hair sample evidence. The court has denied that motion.

In his brief Kimberlin again asks for a freebie lawyer—

Because of the importance and complexity of the issues and facts, Appellant strongly requests oral argument and the appoint meant of pro bono counsel. Oral argument by experience counsel would greatly aid the Court in its consideration of the issues, some of which are first impression in this Court.

This week, Kimberlin filed in the first case what he called a “Citation of Additional Authority” about a New York case relating to hair sample evidence.

IANAL, but news clippings don’t strike me as a proper citation to case law.

The first case is fully briefed. The Department of Justice has not filed its reply brief in the second case.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for eight years ago today dealt with a recurring theme in the false narrative Brett Kimberlin is still trying to spin in support of his present case in the Seventh Circuit Court of Appeals trying to overturn some of his Speedway Bombing convictions.

* * * * *

Mark Singer spent four years researching Brett Kimberlin while writing Citizen K. One of his conclusions was that Kimberlin exploited the tiniest perceived crack in the details of a story in order to spin things his way. On page 323, Singer reviews Kimberlin’s defense during his third bombing trial.

[I]t was those flaws that empowered Brett Kimberlin to obscure the truth. He did his cleverest  work in the interstices, and I spent months wandering through his disclaimers and prevarications before deciding, finally, that this was a case of homework, along with truth, being eaten by the dog, pissed on by the cat, and buried in the backyard. In Kimberlin’s case, the scenario was: I didn’t do the bombings; my brother Scott did, or else his friend Scott, or maybe my brother’s friend Joe. Besides, it wasn’t really bombings that put me in prison, but a right-wing political conspiracy. The government is corrupt, and I’ve always been a prisoner of war. If the eyewitness, Lynn Coleman, lied, then everybody else is a perjurer. If hypnosis witnesses were impeachable, the entire case is a dishonest confection.

When Kimberlin delivered a similarly sanctimonious oration at his sentencing hearing, he apparently believed in his innocence. At the end of the day, I decidedly did not.

Mark Singer isn’t the only person who sees Brett Kimberlin as someone estranged from the truth. TDPK is suing four codefendants and me in a Maryland state court for a million bucks because we have written truthful things about him. He’s also suing 20+ codefendants and me in federal court alleging that we formed a racketeering enterprise to defame him. You can help us fight back against this attack on our First Amendment rights. Go to BomberSues Bloggers [expired link. Thank you to everyone who support my codefendants and me!] to find out how.

* * * * *

Watch is space for coverage of Kimberlin’s appeal.

Team Kimberlin Post of the Day

Brett Kimberlin wound up including me as a defendant in four of his bogus defamation LOLsuits. Only one, the first, Kimberlin v. Walker, et al., got some of its claims as far as a trial, and that trial was stopped with a directed verdict in the defendants’ favor before we had to put on a defense. You see, The Dread Deadbeat Pro-Se Kimberlin failed to offer evidence that we had defamed him. With no evidence he had no case.

Four years ago today, I posted some news In Re Kimberlin v. Walker, et al., about Kimberlin filing a motion for a new trial.

* * * * *

The Dread Pro-Se Kimberlin wants a second bite at the apple. He’s filed a motion for a new trial in the Kimberlin v. Walker, et al. nuisance lawsuit. The Gentle Reader may remember that the judge stopped the trial and directed a verdict in favor of us defendants after TDPK rested his case.

Our lawyer will file our reply to this motion. For now, all I have to say is that I consider it to be frivolous.

* * * * *

The motion wasn’t granted, and Kimberlin’s appeal failed when the Court of Special Appeals upheld the Circuit Court’s verdict.

The elements of the tort of defamation are:

1. That a false statement was made to
2. One or more third parties;
3. That the statement was made negligently; and
4. That the defamed person suffered damage.

We defendants admitted to some (but not all) of the things Kimberlin claimed we said or wrote about him and that the statements were made to third parties. He never offered any evidence that anything we said or wrote was false. With no evidence of falsity there was no possibility of a viable defamation claim. The judge ended the trial without ever reaching the question of negligence (even if it’s negligent, a true statement can’t be defamatory) or damages.

Kimberlin should have taken his loss and been done with his LOLsuits. He didn’t, and it cost him. The lawfare eventually did get around to the question of damages in a later case, and the fact his reputation as Speedway Bomber was so bad that he couldn’t be defamed was one ground for dismissal of that suit for failure to state a claim upon which relief could be granted. So now a court has found Kimberlin defamation proof.

Team Kimberlin Post of the Day

The post about Why I Blog first ran four years ago today.

* * * * *

Because I want to.

More specifically, I took up blogging as a hobby when I was in my mid 60s and approaching retirement. I thought it would be an interesting way to use some of the time that would not be taken up by a day job. I decided to write about stuff that interested me, and if some folks wanted to read it, then the blog would pick up followers. I didn’t expect to monetize the blog.

One of the things that interests me is First Amendment issues, and writing about one incident wound up changing the nature of Hogewash!. That incident was the patently unconstitutional gag order that Brett Kimberlin received against Aaron Walker. It was a local story, so I covered it. And I kept covering The Dread Deadbeat (Pirate) (Performer) (Pedo) Pro-Se Kimberlin as he waged lawfare against various bloggers and mainline media people and organizations who wrote about him. That, in turn, made me a target of Kimberlin and his fanboys, especially Bill Schmalfeldt, and their targeting of me made me part of the story I was covering.

Things haven’t worked out as I expected when I stated Hogewash! in 2011. For the past five years, the bulk of the blog has dealt with Team Kimberlin. That coverage has caused multiple lawsuits, false criminal charges, and a bogus peace order petition to be filed against me, and I’ve monetized the blog to help defray the legal expenses incurred. (BTW, thank you to those who have supported that effort.) While that lawfare is mostly over and settled in my favor, there’s still some to go. Eventually, TDPK and his band of cyberthug wannabes will have lost their final bit of lawfare and will have poisoned their own online reputations via a version of the Streisand Effect on steroids that should be renamed for Brett Kimberlin. Then, I’ll be able to get back to spending more time on other things that interest me.

Oh, two more things …First, it looks as if enough Reality has sunk into the vacuum between the Cabin Boy’s™ ears that he is starting to understand that is more likely that LOLsuit VIII will be dismissed than survive.

Second, the only online use anyone has for Bill Schmalfelt now is as an object of pointage, laughery, and mockification. I will continue to write about him to the extent I find it useful as coverage of Team Kimberlin winds down, but there are now blogs that specialize in keeping track of him, and they are welcome to him.

* * * * *

Yes, I’m still doing these TKPOTDs. While Kimberlin’s presence on the Internet has deteriorated to a handful of irrelevant wastes of bandwidth, he’s still engaging in lawfare in the form o his specious appeals of some of his Speedway Bombing convictions. And not every loose end of the previous decade has been tied up yet.

I’m not done with ’em yet.

Team Kimberlin Post of the Day

Brett Kimberlin has asked the Seventh Circuit Court of Appeals to provide him with freebie lawyers to file an amicus brief and handle oral argument on his behalf in his current appeal seeking to overturn some of his Speedway Bombing convictions. That may be a sign that he’s come to understand how incompetent his pro se lawyering has been over the past decade. The TKPOTD for seven years ago today dealt with one of his blunders in the RICO Madness LOLsuit.

* * * * *

The Dread Pro-Se Kimberlin seems to be grasping at straws in order find some evidence to support his bogus and vexatious Kimberlin v. The Universe, et al. RICO Madness. He’s not even finding enough straw to make a tiny straw man to argue with. This is from his latest letter to the court.ECF 222-p2Pretend for the sake of discussion that some or all of the crackpot ideas advanced in that paragraph be true.

So what?

None of it is alleged in the second amended complaint. The court has already ruled that there will be no further amendments, so TDPK has to run what he brung. Kimberlin filed a lawsuit naming a blog called “Ace of Spades” as a defendant. He didn’t sue the blogger known as “Ace.” He didn’t sue the blog known as Ace of Spades HQ either.

PreparationH96ctThe self-inflicted butthurt is strong with this one. But relief is possible.

Stay tuned.

* * * * *

There are still a few squares left on the pool calendar in the break area for the date the current appeal is denied.

Team Kimberlin Post of the Day

There’s been some movement in Brett Kimberlin’s two appeals attacking some of his Speedway Bombing convictions. Kimberlin had filed motions in the first case asking of the Seventh Circuit Court of Appeals to appoint a freebie lawyer to handle oral argument in the case, to appoint another freebie lawyer to file an amicus brief supporting Kimberlin, and to combine that appeal with a second one he has filed. The court denied all three motions.

The court has also set a briefing schedule for the second appeal.

The Gentle Reader may have seen the Scheduling Notice at the bottom of the Briefing Order. It says that arguments for criminal appeals are usually put on the courts schedule “shortly after the filling of the appellant’s main brief.” Kimberlin filed his main brief in July, and the case hasn’t been scheduled for oral argument yet. That could mean that the court is busy and hasn’t found a slot for the case yet. It could also mean the the judges believe the case can be decided on the arguments presented in the briefs—which could explain the denial of Kimberlin’s request for a lawyer to handle oral argument. Similarly, the judges may see that law is sufficiently well defined by the briefs and case law that an amicus brief wouldn’t be helpful. Finally, the court may see the issues raised in the two appeals as sufficiently different to require them to be considered separately.

The ball’s in the court’s court.

Stay tuned.

UPDATE—It would seem that these appeals must have sufficiently distracted Kimberlin that he dropped the election protection ball in Virginia.

Team Kimberlin Post of the Day

Brett Kimberlin sued over forty individuals and organization (including me) over the past decade for defamation. He managed to win nominal damages (a hundred bucks out of over two million sought) the first case on a default judgment (apparently by playing games with service of court papers), but he lost every other defamation action he filed. Kimberlin tried to claim that telling the truth about him was defamatory while he and his PR minions were spinning contradictory false narratives to try to burnish his image. The TKPOTD for seven years ago today dealt with the fictional claim that he had been exonerated of the Speedway Bomber charges.

* * * * *

One of the false narratives about Brett Kimberlin that has circulated around the Internet is a fantasy about his being “exonerated” of his bombing and dope smuggling convictions and about his having received a substantial settlement. Here’s an example from Democratic Underground.

The truth is that Kimberlin had his parole revoked for two years in 1997 and wound up staying in prison until 2001. He managed to keep the Parole Commission in the dark concerning any parole violations, so in 2006 he was released from supervision. That’s not exactly an exoneration.

Notice that I said he kept the Parole Commission in the dark about parole violations. One of the usual conditions of parole is to refrain from association with other felons. Here’s the true narrative: While he was still under supervision, Brett Kimberlin hired Craig Gillette, who has a child pornography conviction, to work at Justice Through Music Project. According to Mrs. Kimberlin, Gillette lived with the Kimberlins and their children in their one-room apartment in the basement of Kimberlin’s mother’s house for an extended period.

#Loser

* * * * *

Exit Question—If he’s already been exonerated, why is he suing to have some of the convictions overturned?

BTW, I’m keeping an eye on the appeal he has before the Seventh Circuit and will report on any movement in that case. Stay tuned.

Team Kimberlin Post of the Day

Four years ago, The Dread Deadbeat Pro-Se-Kimberlin had filed his initial brief in his appeal of his loss by summary judgment in the RICO Remnant LOLsuit.  The TKPOTD for four years ago today was a first fishing of that brief.

* * * * *

So The Dread Deadbeat Pro-Se Kimberlin has filed the redacted version of his informal opening brief. I’ve read through it a couple of times, and it seems more or less consistent with TDPK’s usual level of shoddiness. Over the next few days, I plan to use the TKPOTDs to fisk portions of his brief.

TDPK states his first issue for review as follows—

Whether the lower court erred in granting summary judgment for Appellee Frey when the issue of causation was highly contested and therefore should have been an issue for the jury to decide as this Court made clear in Love-Lane v. Martin, 355 F.3d 766 (4th Cir. 2004).

Of course, the issue of causation was contested between the parties. Let’s even grant that it was “highly contested.” So what? Summary judgment is appropriate when there are no disputed facts and one party is entitled to win as a matter of law. Judge Hazel examined the evidence provided in discovery by Patrick Frey and offered by Kimberlin in his summary judgment motion and in his opposition to Patterico’s summary judgment motion. From those undisputed facts offered by Kimberlin, the judge found that TPDK had failed to make his case, and he granted summary judgment for Patrick Frey as a matter of law. Let me put that another way: the court found that even if what Kimberlin alleged was true, the law said that he hadn’t established the element of causation in his case against Frey. Thus, even if the jury had also agreed with Kimberlin’s alleged facts, he still could not have won his LOLsuit.

The Gentle Reader will note that TDPK’s citation of the Love-Lane case does not include a page number pointing to something in that decision which supports his assertion that his case should have gone to a jury. IANAL, but I’ve read through the Love-Lane decision, and I can’t find anything that would help him. Indeed, the Fourth Circuit’s rationale in denying Love-Lane’s racial discrimination claim because the plaintiff’s alleged facts were such that “no rational jury” could find for the plaintiff “based on the evidence in the record” supports Judge Hazel’s ruling. (355 F.3d at 788.) The case law Kimberlin cites actually seems to support Patrick Frey’s position.

Kimberlin once told Pattrico “I’ve filed over a hundred lawsuits,” but he has hasn’t won very many.

* * * * *

It didn’t take the Fourth Circuit Court of Appeals long to deny Kimberlin’s appeal and affirm the district court’s judgment. TDPK has another appeal going now in the Seventh Circuit. There are still some dates left on the pool calendar in the break area for when he loses that case.

Team Kimberlin Post of the Day

Team Kimberlin fails at almost every thing they try because the often act with out thinking things through. The I’m Not Making This Up, You Know post from three years ago today presents a classic example.

* * * * *

In a staggering bit of cluelessness, Breitbart Unmasked Bunny Billy Boy Brett Unread is writing about attempted serial bombings.As far as we know, none of the devices have used Mark Time timers or Tovex or have been contained in a gym bag. Still, …

* * * * *

To borrow a phrase—the mockery continues.

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

We hit the jackpot today with filings in Brett Kimberlin’s case in the Seventh Circuit Court of Appeals seeking to overturn some of his Speedway Bombing convictions. There are four of ’em.

The first is his reply brief to the the Department of Justice opposition brief.

The second is a motion asking the court to appoint a freebie lawyer to handle oral argument in the case.

The third is a motion asking for a freebie lawyer to file an amicus brief supporting Kimberlin’s arguments about testimony from witnesses who had been hypnotized.

The four is a motion seeking to combine the current appeal with another he is trying to file, and there are a couple of docket entries for the new case. It seeks to attack some of the Speedway Bomber convictions because four-decade old hair samples are not available for DNA testing.

The first docket entry in the DNA case is the paperwork filed with the District Court giving notice of the appeal. The second is a notice from the Court of Appeals saying the District Court reports the filing fees haven’t been paid (although Kimberlin’s letter to the District Clerk say the funds are enclosed), and that the case may be dismissed if he doesn’t pay up or qualify for pauper status.

Unless the court grants the motion for an amicus brief or combines the appeals, the case is fully briefed, and the next move belongs to the judges hearing the appeal.

BTW, If Kimberlin’s arguments concerning the testimony of hypnotized witnesses had any legal merit, shouldn’t some defendants’ rights lawyer have filed an amicus brief already?

Team Kimberlin Post of the Day

The TKPOTD for five years ago today cites one the false narratives that Brett Kimberlin tried to sell during his campaign of lawfare—that he had received some sort of double secret exoneration related to his Speedway Bombing convictions that was accompanied by a settlement from the government for his “false” imprisonment. His attempts to bring that narrative into the Walker v. Kimberlin, et al. trial provoked the judge and probably resulted in the closest shave Kimberlin had with being punished for his misbehavior in court.

* * * * *

The Dread Pro-Se Kimberlin tried to bring up his double secret exoneration during the Walker v. Kimberlin, et al. trial. He tried to claim that he has successfully sued the federal government for false imprisonment and has used part of the settlement for the initial funding of Justice Through Music Project.

MR. KIMBERLIN: The settlement that I received from the Department of Justice —

MR. WALKER: Objection.

THE COURT: [Addressing the Jury] Ladies and gentlemen, if you’ll please wait outside for just a moment.

Jury Exits.

THE COURT: I have told you twice now we are not retrying that case, and we are not getting into any collateral action you may have brought against the federal government about your conviction in that case. The relevance of that conviction, it was only offered to show why he refers to you as a terrorist, why he’s perhaps obsessed with you [unintelligible] nature of that offense, and I would have permitted him to introduce it if you hadn’t because you sat here and told the jury that you had never been convicted of anything he had blogged about. That is the only reason that it is being admitted. We are not retrying that case. I do not want you to go into it in any more detail. —

MR. KIMBERLIN: I —

THE COURT: — I do not want talk about any collateral civil suit thereafter, ah, sued the federal government for false imprisonment. And I’ve told you that twice. If you do it again, I will find you in contempt.

MR. KIMBERLIN: Well, the reason I was talking about the settlement from that case was partially used to start Justice Through Music.

THE COURT: It makes absolutely no difference and has no relevance to this particular case —

MR. KIMBERLIN: Well, —

THE COURT: — how you started and how you funded Justice Through Music.

MR. KIMBERLIN: Alright, I won’t talk about it anymore.

THE COURT: Get the jury back in.

FWIW, Justice Through Music Project was founded in 2003. The JTMP 2005 Form 990 Schedule A shows that the corporation had no income that year and took in $121,450 in 2004.

Here are the cases styled Kimberlin v. U.S. Department of Justice that are reported cases (all have other citations at lower court levels)—

Kimberlin v. U.S. Dept. of Justice, 788 F.2d 434 (7th Cir. 1986) was a bogus Privacy Act claim aimed at keeping Carl DeLong’s widow from collecting funds from his prison commissary.

Kimberlin v. U.S. Dept. of Justice, 921 F.Supp. 833 (D.D.C. 1996) involved a FOIA request for DEA documents about Dan Quayle.

Kimberlin v. U.S. Dept. of Justice, 139 F.3d 944 (D.C. Cir. 1998) was an FOIA request remanded back to the District Court.

Kimberlin, et al. v. U.S. Dept. of Justice, 318 F.3d 228 (D.C. Cir. 2003) was his unsuccessful LOLsuit seeking to be able to possess an electric guitar while in prison.

None of these seem to represent a double secret exoneration.

* * * * *

If Kimberlin’s double secret exoneration really exists, why is he having to press his appeal in the Seventh Circuit to have part of his Speedway Bombing convictions set aside. Perhaps he will explain that in his reply brief due this Friday.

Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has another appeal in process at the Seventh Circuit Court of Appeals seeking to have some of his Speedway Bombing convictions set aside. He has a reply brief due next week. Thus far, he’s maintained a perfect record of failure in the Seventh Circuit. The TKPOTD for eight years ago today dealt with his first appeal to that court.

* * * * *

Brett Kimberlin is rarely at a loss for words, especially when he’s writing a court document. His complaint in the Kimberlin v. Walker, et. al. lawsuit is 27 pages long. That’s not close to the record. Mark Singer tells this story at the start of Chapter 23 in Citizen K:

In February 1984, a 273-page appellant’s brief in the matters of U.S. v. Kimberlin was delivered to the clerk of the United States Court of Appeals for the Seventh Circuit. Several cases titled U.S. v. Kimberlin—all the convictions from the 1979 indictment in Indiana, as well as motions for new trials—had been consolidated into a single appeal, which sagged under the burden of the disparate factual and constitutional complexities the petitioner wished to address. This hernia-inducing brief grossly overshot the fifty-page maximum length permitted by the court, and it was rejected by the senior staff attorney of the Seventh Circuit without receiving even a cursory reading.

Brett Kimberlin is no stranger to poorly-written, technically deficient court paperwork.

* * * * *

The pool calendar for the date the court denies Kimberlin’s appeal is posted in the break area.

Team Kimberlin Post of the Day

Brett Kimberlin’s reply brief to the Department of Justice opposition brief in his appeal seeking to have some of his Speedway Bombing convictions set aside was due at the Seventh Circuit Court of Appeals yesterday. He did not file one. However, he did fill a request for a 30 day extension of time to file his brief.

He asked for an extension of 30 days but also asked that his time be extended until 22 October, only 18 days past the deadline he missed.

Math is hard.

We’ll see what the court does. Stay tuned.

Team Kimberlin Post of the Day

Brett Kimberlin has an appeal before the Seventh Circuit Court of Appeals attempting to overturn some of his Speedway Bomber convictions. The Department of Justice has filed its brief in opposition to the appeal. If The Dread Deadbeat Pro-Se Kimberlin wishes to file a reply brief, it is due not later than close of business today.

Tick, tick, tick, tick, …

Team Kimberlin Post of the Day

I started writing about Brett Kimberlin’s vain attempts to use pro se lawfare to silence his perceived enemies in late May, 2012. By the end of summer that year, it was becoming obvious that his efforts were not going to be successful whenever they were opposed with proper legal support. Indeed, one of his peace order efforts backfired, and I wrote about it nine years ago today in this post titled #BrettKimberlin Hoist on His Own Petard.

* * * * *

When Brett Kimberlin went to court on Wednesday, he came out the loser. He had started the ball rolling by seeking a peace order against John Norton. At the end of the process, John Norton was free and clear, but Brett Kimberlin still had the peace order filed by Mr. Norton against him on the books. The expression hoist by his own petard comes to mind, and it fits especially well in this case.

You see, a petard is an explosive charge used to breach the gate or wall of a fortification. Back in the 16th and 17th centuries, a sapper would run up to the enemy wall, attach the bomb, and run away. If the petard’s fuze burned too quickly, the sapper could wind up flying through the air, thrown by the force of the blast—hoist by his own petard.

If the shoe fits, …

Tick, tick, tick, tick, …

* * * * *

Blow ups happen.

BTW, the Government’s opposition brief is due next week in Kimberlin’s appeal of the denial of his attempt to have some of his Speedway Bombing convictions set aside. His reply brief is due in October.

Stay tuned.

Team Kimberlin Post of the Day

The TKPOTD for five years ago today looked forward to Brett Kimberlin’s coming LOLsuit case load during September, 2016.

* * * * *

The Dread Pro-Se Kimberlin has a interesting month ahead.

On 13 September, he has two hearings before Judge Mason in the Circuit Court for Montgomery County. The docket shows a pretrial hearing in the Walker v. Kimberlin, et al. lawsuit scheduled for 9:00 am. The docket also shows a motions hearing in the Kimberlin v. Hunton & Williams LLP, et al. RICO 2 Retread LOLsuit scheduled for 9:30. I believe that all the remaining defendants will have ripe motions to dismiss, and all of them are similarly situated as the defendants who have already been dismissed. That case could be over after the hearing.  I suspect that TDPK will have a very bad day on the 13th.

Two weeks later on the 27th, there’s a motions hearing scheduled in the Circuit Court for Carroll County in the Hoge v. Kimberlin, et al. lawsuit. There’s a pending motion to dismiss from Very Ordinary Seaman Ferguson and a pile of frivolous motions from the Dreadful Pro-Se Schmalfeldt and the Kimberlins. There are also pending requests for orders of default against the Kimberlins, the Cabin Boy™, Almighty Media, and Breitbart Unmasked; a motion to compel compliance with a subpoena by GoDaddy; and a motion for alternate service against Matt Osborne. I look forward to seeing how many of the defendants show up.

Everything is proceeding as I have foreseen.

* * * * *

The 13th of September this year is the day the United States’ reply brief is due in the 7th Circuit Court of Appeals in The Dread Deadbeat Pro-Se Kimberlin’s attempt to get some of his Speedway Bomber convictions set aside. I suspect he’ll busy for the last half next month.