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.

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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, …

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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.

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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.

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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.

Team Kimberlin Post of the Day

For all their grandiose planning and “clever” narratives, Team Kimberlin fails because they never seem to be able to understand the likely consequences of their actions of implication of what they’re saying. This I’m Not Making This Up, You Know from seven years ago today pointed out an unforced error.

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Bunny Boy has a headline story over at Breitbart Unmasked about a young criminal being caught with IEDs. (No, I won’t link to it.)

Apparently, Brett Kimberlin was unavailable for comment.

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Heh.

Team Kimberlin Post of the Day

On Monday, I wrote about one of the times that Brett Kimberlin sought to have a judge disqualified. Today, we’ll take a look back to the TKPOTD for five years ago today. That post dealt with a failed motion for reconsideration of a certiorari petition based a false claim that a judge should have recused herself.

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Earlier this month, The Dread Pro-Se Kimberlin filed a motion for reconsideration with the Maryland Court of Appeals (the State’s highest court) seeking a do-over on his petition for a writ of certiorari appealing his loss in the Kimberlin v. Walker, et al. nuisance LOLsuit. He based his motion on “fact” that Judge Battaglia had been involved in the revocation of his parole back in the late ’90s when she was a U.S. Attorney and should not have participated in the decision to deny his petition. He withdrew his motion after Hogewash! pointed out that Judge Battaglia had retired on her 70th birthday, the same day that TDPK filed his petition for writ of certiorari.

Here is the motion for reconsideration that Kimberlin filed. In paragraph 3 he states that a letter from Judge Battaglia “featured false information that the [Parole] Commission relied upon to make an adverse decision against Petitioner.”

Kimberlin’s claim is not consistent with the actual record. When he sued the Parole Commission claiming that their reliance on the Battaglia letter was improper, the U.S. District Court of the DC found that the Commission had not relied on the letter in determining to extend his time in the slammer. The Gentle Reader can read for himself beginning on p. 6 in the memorandum order below that the decision to keep TDPK locked up for an additional two years was based on “information provided by plaintiff himself.” Judge Urbina concludes on p. 8: “It is apparent that the Parole Commission’s decision was based on plaintiff’s own statements and filings and not on the letter from the United States Attorney[.]”

Brett Kimberlin is not only a bad liar, he is a stupid one.

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Yep, everything proceeded as I had foreseen.

Team Kimberlin Post of the Day

Brett Kimberlin is a liar, and it typically hasn’t taken a judge very long to learn that it’s foolish to take Kimberlin’s word at face value. The TKPOTD for four years ago today cites one judge’s skepticism.

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The unsworn statements of a convicted perjurer don’t seem to count for much with some judges. These are from yesterday’s Memorandum Order that ended The Dread Pro-Se Kimberlin’s RICO Retread LOLsuit with summary judgment in Patrick Frey’s favor.

Kimberlin states that he was interviewed twice by FBI agents with respect to the swattings, once on or about July 1, 2012 and again in 2016. The FBI agents told him that Frey accused him of involvement in the crime. Kimberlin also states that his wife was interviewed by agents on or about August 20, 2013. These statements are included in Plaintiff’s Motion for Summary Judgment but Plaintiff does not submit a sworn affidavit regarding these claims and provides no additional evidence to support these statements.

Memorandum Order at 10, citations omitted.

Because the Court holds that Kimberlin has failed to establish his prima facie case …

Memorandum Order, n. 20.

TDPK managed to win his first shutuppery lawsuit against Seth Allen, but ever since he made the mistake of going after Aaron Walker, he’s lost the bulk of the civil action he’s filed: both 2012 peace orders against Aaron Walker; the peace order against John Norton; the Kimberlin v. Walker, et al. nuisance suit; the Kimberlin v. National Bloggers Club, et al. (I) RICO Madness/Kimberln v. Frey RICO Remnant LOLsuit; the 2015 peace order against me; the Kimberlin v. Hunton & Williams LLP, et al. (I) RICO 2: Electric Boogaloo LOLsuit; the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit; and the Kimberlin v. Hunton & William LLP, et al. (II) RICO 2 Retread LOLsuit. He settled with Kimberlin Unmasked, but he wound up effectively losing to a cockroach. His RICO 3 LOLsuit was filed 9 months ago, and the court still hasn’t issued any summonses.

TDPK may want to reevaluate the usefulness of “lawsuits for the rest of their lives.”

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At least he’s had the good sense not to sue me for the past few years. Since 2018, he’s been suing the federal government trying to have some of his Speedway Bomber convictions set aside. He failed in the District Court. I’m monitoring his appeal.

Stay tuned.

Team Kimberlin Post of the Day

Last week, Brett Kimberlin filed his appeal brief with the Seventh Circuit Court of Appeals in his current attempt to overturn some of this Speedway Bombing convictions. He also filed a second motion requesting that the court appoint pro bono counsel to represent him. Yesterday, the court denied his motion for freebie lawyer.

Also yesterday, the Assistant U. S. Attorney representing the government in the case filed a request for a one month extension of the filing date for the reply brief. The court granted that motion and set a new schedule for briefs.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

I’ve been following Brett Kimberlin’s attempt to have some of his Speedway Bombing convictions set aside. Yesterday, I posted the appeal brief he filed on Wednesday. He also filed a second request for the court to provide him with a freebie lawyer to handle oral argument in the case. Of course, the court can rule on just the written record and filings. Indeed, most appeals are considered without a hearing.

I found paragraph 13 interesting. If Kimberlin and his wife are getting by on only about $32 k a year, who’s paying for all those trips to Ukraine to produce music video—or producing the music videos for that matter?

Paragraph 14 begins, “An attorney would not only represent Appellant but would also effectively and ethically present the facts and the law to this Court.” It’s puzzling why Kimberlin is asking for an ethical presentation of the facts and law when that’s clearly against his interest. OTOH, he hasn’t had a very good record as a pro se litigator. We’ll see how the court rules on his motion.

Team Kimberlin Post of the Day

Brett Kimberlin’s has been trying to have some of his Speedway Bombing convictions overturned. His efforts failed in the District Court, and he’s appealed to the Seventh Circuit. His appeal brief in the case was due yesterday, and he managed to get it filed on time.

It appears to be chocked full of misrepresentations of what happened in his original trials and the evidence in the trial records. One that jumped out at me was his incomplete recounting of the evidence relating to his conviction for being a felon in possession of explosives (beginning on page 9). His brief implies that the use of explosive s by a third party for an excavation job on Kimberlin’s rural property years before the Speedway Bombings provided the grounds for his conviction. However, residue of Tovex explosive was found in the Chevrolet Kimberlin was driving when he was arrested and was also found in his Mercedes.

The felony conviction which made Kimberlin ineligible to possess explosives was for perjury. It seems he still tells lies.

Team Kimberlin Post of the Day

There’s been a bit of action in Brett Kimberlin’s appeal in the Seventh Circuit related to his Speedway Bomber convictions. Last week, he filed a motion asking that the case be scheduled for mediation. Apparently, he hoped that the current leadership of the Justice Department would be willing to resolve the appeal in his favor via a negotiated settlement.

Kimberlin’s Request for mediation was filed on the 6th. The version posted appears to be missing at least on page. That could be from an scanning error when the Clerk entered the document. OTOH, it wouldn’t be the first time that Kimberlin has failed to send all the pages of a court paper he was trying to file.

The court denied his request the next day.

The denial is probably for the best. After all, the Kimberlin v. McConnell, et al. LOLsuit failed, so Merrick Garland doesn’t owe Kimberlin any favors.

His appeal brief is due on Wednesday.

Team Kimberlin Post of the Day

Here’s the current status of The Dread Deadbeat Pro-Se Kimberlin’s appeal of some of this Speedway Bombing convictions currently before the Court of Appeals for the Seventh Circuit—

1. He’s still representing himself pro se. The court denied his request for a pro bono lawyer.

2. Because the court denied Kimberlin’s request to hold his appeal in abeyance until a lower court rules on an unrelated motion, his Transcript Information Sheet was due on Tuesday. As of close of business yesterday, it still wasn’t listed in the online docket.

3. His brief and short appendix of the record are due on the 14th.

Team Kimberlin Post of the Day

As I mentioned yesterday, Brett Kimberlin’s Transcript Information Sheet for the current appeal he has before the Court of Appeals for the Seventh Circuit was due day before yesterday (29 June). At close of business yesterday (30 June), it still was not a part of the online docket.

Late paperwork. No surprises here.

Team Kimberlin Post of the Day

In a couple of his appeals to U.S. Circuit Courts, The Dread Deadbeat Pro-Se Kimberlin has seemed to realized how poor his legal skills are, and he has asked the court for a free court-appointed lawyer. A few days ago, the Seventh Circuit denied such a request. Five years ago today, my post titled Well, That Didn’t Take Long reported a seminal denial by the Fourth Circuit.

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The Fourth Circuit wants The Dread Pro-Se Kimberlin to explain the merits of his case before they appoint counsel to file an amicus brief on his behalf in the Kimberlin v. McConnell, et al. LOLsuit appeal.

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The Kimberlin v. McConnell, et al. LOLsuit was based on the crackpot theory that because the Senate had not acted on the Merrick Garland’s nomination to the Supreme Court, its advice and consent had been waived, so Garland’s nomination should be considered confirmed. No court ever ruled on the merits of that proposition because it was found that Kimberlin didn’t have standing to bring the suit.

BTWl, that’s the same Merrick Garland who is now the Attorney General leading the Department of Justice defending the current Kimberlin LOLsuit in the Seventh Circuit.

And one more thing … Kimberlin’s Transcript Information Sheet for the current appeal was due yesterday. Perhaps it arrived too late to be scanned into the case docket on PACER, but as of close of business yesterday it wasn’t in the online docket.

Team Kimberlin Post of the Day

Brett Kimberlin has been trying to get some of his Speedway Bombing convictions overturned. His efforts in the U.S. District Court in Indianapolis have been denied, so he’s filed an appeal with the Court of Appeals for the Seventh Circuit. Last week, he asked that his appeal be held in abeyance while yet another motion about one of the Speedway Bombing cases is considered by the District Court. Last Friday, the court of appeals denied that motion and ordered Kimberlin to get his paperwork in as required by the existing briefing schedule.

Kimberlin’s Transcript Information Sheet is due today, and his brief and short appendix of the record are due on 14 July.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

Since 2018, Brett Kimberlin has been filing motions in the U. S. District Court in Indianapolis trying to get some of his Speedway Bomber convictions overturned. He was unsuccessful, so he filed an appeal with the Seventh Circuit Court of Appeal, and as part of that appeal asked for a free lawyer. The Court of Appeals denied the request for pro bono counsel.

This week, The Dread Deadbeat Pro-Se Kimberlin filed an motion to hold his appeal in abeyance until the District Court can rule on a motion he believes might be relevant to his appeal. I’ve posted a copy here. I would normal post the document to Scribd, but that site’s upload function his flakey as I’m drafting this post. When Scribd gets it’s act back together, I’ll post TDPK’s motion and embed it here.

Kimberlin is grasping at straws, hoping some of his convictions could be overturned because some hair evidence which tied him to some other physical evidence isn’t available for DNA testing.

Team Kimberlin Post of the Day

Brett Kimberlin filed motions in his old Speedway Bomber cases to try to have some of the convictions set aside. His motions were denied, and he has appealed to the Court of Appeals for the Seventh Circuit. I reported in May that The Dread Deadbeat Pro-Se Kimberlin had filed a Motion for Appointment of Pro Bono Counsel. On Monday, the Court of Appeals denied his motion.

The court did grant TDPK’s request for 15 days to file his Transcript Information Sheet after ruling on the gimme-a-free-lawyer motion.

Everything is proceeding as I have foreseen.

Team Kimberlin Post of the Day

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

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Brett Kimberlin has been caught telling lies many times. When his biographer Mark Singer asked him about a particular item, he told Singer that he had admonished someone else about lying.

The notion of Kimberlin admonishing anybody not to lie both amused and galvanized me; I had no choice but to retrieve from storage the transcript of Sandi’s testimony. On pages 4532 and 4561, I located the colloquy that confirmed what the Chicago Reporter and the Indianapolis News had reported. Confronting the naked evidence of this particular deception left me feeling momentarily deflated, if not downright insulted. Did Kimberlin think I was stupid? Getting an appointment at the federal archive proved a mild inconvenience, transcript copies cost fifty cents a page, and I had to hire someone in Chicago to go to the archive and pick up the pages—but I’d had rougher days at the office. Did he think I was lazy? How could I maintain my presumption of his innocence, or my refusal to acknowledge his guilt, if he insisted on lobbing fat juicy ones in the vicinity of my overhand smash? What next—a confession? Hardly likely, I reassured myself. This had been a glaring lapse by Brett, but as long as I remained in character—a talented amateur, never quite able to see into the heart of the game—we could keep the rally going.

Citizen K, p. 327

I don’t know if Brett Kimberlin thinks other folks are stupid so much as he believes that he is enough smarter than the average bear that he can spin yarns that won’t be seen through. But some people are not only smart, they’re industrious enough to search for documents. And these days it doesn’t take much google-fu to find out a lot of stuff about someone.

Mark Singer caught Brett Kimberlin in so many lies that he concluded that Kimberlin’s story about selling marijuana to Dan Quayle was a lie too. But that should be no surprise. Perjurers tell lies.

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

Team Kimberlin Post of the Day

As the TKPOTD from seven years ago today notes, criminals are often uncomfortable when they have to interact with law enforcement personnel.

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Here’s some more of The Dread Pro-Se Kimberlin’s whining from his proposed second amended complaint for his Kimberlin v. The Universe, et al. RICO Madness.ECF 100-99Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.ECF33-2

U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)

‘Nuff said.

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Kimberlin is one of the few people, perhaps the only person, who knows what the Seal of the President of the United States tastes like.

Team Kimberlin Post of the Day

Today is the ninth anniversary of my second post about Brett Kimberlin, Who is Brett Kimberlin? (A Preview). I ran as a teaser for the Everybody Blog About Brett Kimberlin Day organized by Lee Stranahan.

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Here is a bit of Mr. Kimberlin’s history as found in 781 F.2d 1247 (1985), UNITED STATES of America, Plaintiff-Appellee, v. Brett C. KIMBERLIN, Defendant-Appellant from the United States Court of Appeals, Seventh Circuit.

On October 8th, 1980, a jury convicted defendant-appellant Brett Kimberlin of eight counts in a thirty-four count indictment. Four counts of the eight on which the jury convicted defendant charged that defendant had unlawfully possessed a Department of Defense insignia, in violation of 18 U.S.C. § 701 (1976). The other four counts on which the jury convicted defendant charged that defendant had falsely impersonated a Department of Defense police officer, in violation of 18 U.S.C. § 912 (1976). The district court sentenced defendant to consecutive three-year sentences on the section 912 offenses, and to concurrent six-month terms on the section 701 counts. Defendant appealed his convictions and sentences on the section 701 and section 912 counts to this court.

We have reviewed defendant’s numerous challenges to the legality of his sentences under 18 U.S.C. sections 701 and 912. We find that any duplicity existing among the counts charging these offenses constituted harmless error on the facts of this case and that these crimes were not greater and lesser included offenses. Furthermore, we agree that defendant’s consecutive three-year sentences on the section 912 offenses did not constitute cruel and unusual punishment.

Twelve years for impersonating a DoD police officer. Sounds like a right interesting person.

More on Friday.

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I’m not done with him yet.

Team Kimberlin Post of the Day

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

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

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

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

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

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

Stay tuned.

Team Kimberlin Post of the Day

As I noted yesterday, The Dread Deadbeat Pyrotechnician Kimberlin is trying to wriggle out of some of his Speedway Bombing convictions via an appeal he’s trying to get going at the Seventh Circuit Court of Appeals. He was supposed to file a Transcript Information Sheet with the court on the 4th. He filed this instead:

Rather than comment, I’ll just rerun this episode of Yours Truly, Johnny Atsign.

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Johnny Atsign Logo 2ANNOUNCER: From Westminster, it’s time for—

SOUND: Old fashioned telephone bell rings four times.

JOHNNY: (Groggy) Johnny Atsign.

PRO BONO: (Telephone Filter) Good morning, Johnny. Did I wake you?

JOHNNY: Ah, yeah. It’s 5 o’clock out here on the West Coast.

PRO BONO: (Telephone Filter) Sorry about that, but this is important. You’re done out there, aren’t you?

JOHNNY: I’ve run down all the leads we’ve got.

PRO BONO: (Telephone Filter) OK. Look, I’ve got you booked on a 9 am flight from LAX to Chicago. There’s more digging to do there.

MUSIC: Theme up and under.

ANNOUNCER: The Lickspittle Broadcasting System presents W. J. J. Hoge in the transcribed adventures of the man with the action-packed Twitter account, America’s fabulous free-lance Internet investigator …

JOHNNY: Yours Truly, Johnny Atsign!

MUSIC: Theme up to music out. Continue reading

Team Kimberlin Post of the Day

Brett Kimberlin is trying to get some of his Speedway Bomber convictions set aside via an appeal to the Seventh Circuit Court of Appeals. He wants the court to assign a lawyer to handle his case for free.

Well, it’s certainly true that a qualified lawyer would do an infinitely better job than The Dread Deadbeat Pro-Se Kimberlin in presenting an ethical case to the court

I’m keeping an eye on this case.

Stay tuned.