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.
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.
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.Now, I can understand why TDPK is a bit edgy around FBI agents. Not all his experiences with them have been comfortable for him.
—U.S. v. Kimberlin, 805 F.2d 210, 228 (7th Cir. 1986)
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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.
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.
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.
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:
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 …
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.
During March, 2020, I posted these TKPODs (one, two, three) about an appeal Brett Kimberlin filed in his Speedway Bomber cases in 2018. He was seeking to have some of his convictions set aside, and his request was denied except for one minor point.
On 20 April, The Dread Deadbeat Pro-Se Kimberlin filed an appeal with the Seventh Circuit. Here’s his paperwork so far—
The lame attempts of the Team Kimberlin PR flacks to be clever invariably winds up a source of pointage, laughery, and mockification. The TKPOTD from eight years ago today is about a tweet from Bill Schmalfeldt that blew up in his face.
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So far as I know, only one person mentioned in this tweet would have a history that would lead one to suspect him of having a grenade.
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At least there wasn’t an Earth-shattering high-school-parking-lot-shattering kaboom.
Yesterday, we took a look at a post about a perjured declaration by Brett Kimberlin that Bill Schmalfeldt included as an exhibit in a motion to have Aaron Walker disqualified as the counsel for the defendants in LOLsuit VI: The Undiscovered Krendler. Today, we’ll take a look at another exhibit from that motion, This post, The Sixth Nonsense, first ran five years ago today.
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We’ve made it to the last installment of our review of the exhibits The Dreadful Pro-Se Schmalfeldt has included with his motion to have Aaron Walker disqualified as defense counsel in LOLsuit VI: The Undiscovered Krendler. The review of Exhibit 1 is here. Exhibits 2 and 3 are considered here. The post looking at Exhibit 4 is here. Fit the Fifth is here.
Exhibit 6 consists of newspaper clippings which the Cabin Boy™ imagines prove that Brett Kimberlin isn’t a terrorist.
The first two deal with reports for what appear to be two of the three trials for the Speedway Bombings. Rather than support the Cabin Boy’s™ argument, they support the view that Kimberlin is a terrorist in the everyday, common use of the term. Moreover, they do nothing to change the fact that Kimberlin sued claiming that Aaron Walker defamed him by calling him a terrorist, and Kimberlin lost that suit in 2014. Kimberlin brought up the same claim again in the RICO Retread LOLsuit, and he’s lost on that claim against every defendant whose motion to dismiss has been decided. So that question is settled as far as the law is concerned. It is not defamation to call Brett Kimberlin a terrorist.
There’s also a clipping of a obituary for Carl DeLong. The Supreme Court of Indiana ruled that Kimberlin was responsible for the wrongful death of Carl DeLong. There’s nothing in that clipping that voids the court’s finding.
Bill Schmalfeldt’s ill-conceived motion and risible exhibits are Acme Legal’s work at its shining best. He says he’s filed them. OK. Now, we wait for the anvil to drop.
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
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.
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.
I’ve mentioned more than once that Brett Kimberlin is a liar. The TKPOTD from six years ago today looked at one of the times he got caught.
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Brett Kimberlin is a liar, and a surprisingly bad one, especially considering the amount of practice he’s had. He has made claims in his various court filings in his lawsuits against me and offered exhibits in those filings that refute his own allegations.
When he was on trial for the Speedway Bombings, his lawyers had him take a series of lie detector tests as part of their preparation. Leonard Harrelson was the examiner, and he was interviewed by Mark Singer for Kimberlin’s authorized biography Citizen K. The following begins at the bottom of page 324.
“We talked, I formulated the questions, and I ran two or three different tests. His tests indicated that he failed every relevant question. He bragged to me about flying drugs and outrunning government planes and dumping drugs when they were chasing him. And that was the truth.
“He made a lot of admissions about a lot of things. … He flunked the test every way in the word with regard to why I was testing him. …
“I think Kimberlin’s the type of person that if you talked to him face-to-face you wouldn’t even need a polygraph. But he was a good subject for the polygraph because he reacted much better when he lied than some people do. There are certain types of individuals that do not react to a large extent, and he did; he reacted to a very large extent.”
I’ve had several face-to-face exchanges with Brett Kimberlin, mostly when he has been foolish enough to call me as a witness for his side of a court case. Mr. Harrelson was right. You can see the mendacity in Kimberlin’s eyes.
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Falsus in unum falsus in omnibus. That Latin can loosely be translated as “lying liars gotta lie.”
The recent news from my home town Nashville reminded me of this TKPOTD that ran seven years ago today.
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One wonders what they’re thinking over at Breitbart Unmasked? Of if there’re thinking? A few days ago, a post with Xenophon’s byline went up that attempted to appropriate the Acme Law theme that I’ve been using to describe the nonsensical legal theories behind Team Kimberlin’s lawfare and apply it to Aaron Walker’s recently filed memorandum in the Kimberlin v. Walker, et al. lawsuit. (That’s the suit against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me that accuses us of defaming The Dread Pro-Se Kimberlin by writing truthful things about him.)
Now, if Brett Kimberlin is known for anything, it’s for being convicted as the Speedway Bomber and for being the guy who lied about selling marijuana to Dan Quayle. So why, one wonders, would his propaganda website include this LooneyTunes clip in a post?
Yeah, the coyote is fiddling with nitroglycerin and TNT instead of Tovex, but still …
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I’m not the only one who made a connection between the bombings.
Of course, the Speedway Bomber is an unlikely suspect because his M.O. never included warning potential victims.
I was going through some of the court filings in the RICO 2: Electric Boogaloo LOLsuit while collecting information for a new project when I came across this—It was only a few days later that another court ruled in another suit that Kimberlin has failed to state a claim for defamation because his reputation was so bad that he was defamation proof.
Although we had pro bono representation (Thank you, Patrick Ostronic!) in the Kimberlin v. Walker, et al. nuisance LOLsuit, my codefendants and I started an online defense fund to help pay for the incidental expense of the the case. As can be seen form a snippet of courtroom dialogue at the start of the TKPOTD from six years ago today, The Dread Deadbeat Pro-Se Kimberlin didn’t like the name we gave our fund.
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Mr. Ostronic: Why is the fund called Bomber Sues Bloggers?
Mr. Kimberlin: Objection!
The answer to Mr. Ostronic’s question is very simple.
The defendants in the Kimberlin v. Walker, et al. are all bloggers. Here are three of us pictured together at CPAC 2014.
The vexatious anti-First-Amendment litigant suing us is Brett Kimberlin, a convicted felon whose rap sheet includes 30+ counts of perjury, possession of marijuana for distribution, impersonating a federal officer, forgery, misuse of the Seal of the President of the United States, possession of explosives by a felon, and use of a destructive device to cause injury in interstate commerce. Those last two charges related to the his 1979 bombing spree in Speedway, Indiana, that earned him the title “Speedway Bomber.” He was paroled in 1993, but his parole was revoked in 1996, in part for failure to make restitution to the widow of a victim. He was paroled again in 2000. His sentence expires in 2030.
TThus, the name: Bomber Sues Bloggers.
You can help Aaron, Stacy, Ali, KU, and me defend ourselves and our First Amendment rights for Brett Kimberlin’s meritless attack. Go to [dead link to a now retired domain BomberSuesBloggers] to find out how.
Oh, one more thing about Brett Kimberlin … Do you remember the federal prisoner who lied about being Dan Quayle’s dope dealer? That’s the guy,
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While it seems to me that Brett Kimberlin feels no shame or remorse for his past acts, he does seem to understand that most people don’t approve of them. However, his attempts to hide them have been like his dope smuggling and music careers—just another failure.
Oh, and today is the fifth anniversary of the denial of Kimberlin’s appeal of the bogus peace order petition he filed against me on behalf of Tetyana Kimberlin’s elder daughter.
I began reporting on Brett Kimberlin when he managed to get a judge to issue an unconstitutional gag order against a blogger. Because he seemed to be trying to silence his critics by filing legal actions against them, I began referring to him has Lord Voldemort (“He who must not be named”). After he put up a rather lame pirate-theme website to support his lawfare, I began mocking him as The Dread Pirate Kimberlin. That, in turn, morphed into The Dread Pro-Se Kimberlin after he sued me. When he failed to pay the court costs and sanctions due me, the mockery changed, and he’s now The Deadbeat Pro-Se Kimberlin.
Of course, I not the first creditor he’s stiffed. The TKPOTD from seven years ago today is about what happened when he failed to pay another court judgment.
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When he was in prison, Brett Kimberlin was transferring money from his commissary account to someone outside the prison. A prison case manager tipped off Mrs. Delong (who Kimberlin then owed and still owes over 1.6 million bucks plus interest) who obtained a writ of attachment on the commissary account. And so the guy who now brags about having filed over a hundred lawsuits sued lots of folks for violating his privacy rights. Here’s what the Seventh Circuit Court of Appeals had to say [Kimberlin v. U. S. Department of Justice, et al., 788 F.2d 434 (1986)].
Brett Kimberlin, a prisoner, initially filed a one-count complaint claiming that a disclosure by his prison case manager Leddy to his probation officer Gahl that plaintiff was sending money outside the prison from his commissary account violated the Privacy Act, 5 U.S.C. § 552a. The original defendants [The defendants named in the original complaint are the Department of Justice, Office of U.S. Attorney (S.D.Ind.), Bureau of Prisons, Sandra DeLong, Paula Kight, Patrick Leddy and three Assistant U.S. Attorneys (S.D.Ind.), namely, Richard Darst, Jack Thar and Kennard Foster. The defendants named in the amended complaint are: the Bureau of Prisons; the Department of Justice; the Parole Commission; Patrick Leddy, former case manager of plaintiff at the Metropolitan Correctional Center in Chicago; Thomas Gahl, a U.S. probation officer in the Southern District of Indiana assigned to the criminal case against plaintiff; Sandra DeLong, widow of Carl DeLong who was allegedly injured by plaintiff’s explosive device, and Paula Kight, lawyer for Mrs. DeLong.] moved to dismiss, contending that the Privacy Act had not been violated because the disclosure was permitted as a routine use under the Act. Kimberlin then asked to file an amended complaint. The motion was continued while the parties briefed whether or not the amended complaint would cure the defects in the original complaint. The district court’s order dismissing the action refers only to the proposed amended complaint. Kimberlin v. United States Department of Justice, 605 F.Supp. 79, 81 (N.D.Ill.1985).
The amended complaint continued to assert the Privacy Act violation, naming the Bureau of Prisons (BOP) and the Department of Justice (DOJ) as additional defendants. An additional two counts alleged that disclosure of the information to private citizens violated plaintiff’s constitutional rights to privacy and due process and that a conspiracy existed among the individual defendants to violate his constitutional rights. Kimberlin seeks compensatory and punitive damages as well as costs and attorneys’ fees.
The district court dismissed all three counts of the proposed amended complaint, holding, inter alia, (1) there was no violation of the Privacy Act because the routine use exception of 5 U.S.C. § 552a(b)(3) applied; (2) the Bivens due process action failed because no property interest had been lost; (3) the Bivens privacy claim failed because Kimberlin did not have a reasonable expectation of privacy in his commissary account; and (4) the conspiracy count failed because no constitutional violation occurred.
For the reasons discussed above, the order of the district court dismissing plaintiff’s action is affirmed.
Kimberlin’s unwillingness to pay what he owes Mrs. Delong has been quite expensive. Indeed, it was a cause of the revocation of his parole in 1997.
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Kimberlin was willing to spend four years in a federal prison rather than make any effort to meet his obligations to Mrs. DeLong. I wonder how much he’ll be willing to go through to avoid paying what he owes his more recent victims.
One of the principal weapon’s that several bloggers have used in the fight against Brett Kimberlin’s attempt to use lawfare to silence his critics has been ridicule. For instance, here at Hogewash!, I’ve taken given his various LOLsuits humorously disrespectful nicknames, such as RICO Madness and RICO 2: Electric Boogaloo. While I was reading through some old posts, I found this description of the case that I’ve usually referred to as the RICO Retread LOLsuit—
Kimberlin v. National Bloggers Club, et al. Indiana Bomber and the LOLsuit of Doom just filed in Montgomery County Circuit Court
Politics makes strange bedfellows. How else can one explain Brett Kimberlin’s use of not-for-profits to support gun control? The TKPOTD for seven years ago today took note of that irony.
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Brett Kimberlin received a 50 year sentence for his conviction for using explosives to cause injury. He has claimed that his conviction was based on evidence manufactured by the ATF. Here’s what Mark Singer concluded about Kimberlin’s claim as recorded in the Appendix of Citizen K (p. 377):
To believe that Kimberlin’s conviction represented a widespread effort to frame him required the postulation of a sophisticated, ingenious, and illegal network of his enemies—nothing less, it seemed, than a “conspiracy per se.” Sometime the ingenuity with which Kimberlin credited the ATF specifically seemed too generous. For instance, on 20 September 1978, the day of Kimberlin’s arrest and the impounding of the Impala, the ATF agents involved in the search did not have the lab results from the bomb scenes. If the government had wanted to lace the Impala, they would’ve needed to guess exactly which substance—Tovex, that is, not dynamite or TNT—would link Kimberlin to the bombings. Additionally, the ATF was unlikely to have known that Kimberlin was using Tovex to excavate his property three years earlier.
It’s interesting that, although Brett Kimberlin doesn’t trust the ATF to honorably deal with crime scene evidence, he is campaigning through his NRA Watch website to increase the ATF’s gun control authority.
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Most of the NRA members I know aren’t the sort of people who would contribute to one of Kimberlin’s not-for-profits. Follow th money.
Yesterday’s TKPOTD alluded to the connections that both Joe Biden and Brett Kimberlin have to Ukrainian interests. One of Kimberlin’s not-for-profits is Protect Our Elections/EMPR Inc. EMPR is EuroMaidan Public Relations, and empr dot media is an English-lanugauge Ukrainian news site. Kimberlin also has ties to the Chalupa sisters, Alexandra Chalupa appears to have been involved in some of the Democrats’ shenanigans related to Ukraine during the 2016 election, and Kimberlin was involved in at least one of the attempts to dig up false documents for use against the Trump administration in 2017.
The have been other uses of Kimberlin in the #I’mWithJoe meme. For example, …If the Gentle Reader doesn’t know the backstory related to that tweet, this post may help.
The U.S. Attorney’s response to Brett Kimberlin petition relating to vacating some of his Speedway Bombing convictions noted that the petition was full fo statements “that range from merely incorrect to actually misleading,” but he isn’t the only member of Team Kimberlin who has trouble keeping his stories straight. This Prevarication Du Jour from five years ago today dealt with one of Bill Schmalfeldt’s stupid lies.
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The Cabin Boy™ might wish to review his previous court filings before running off at the keyboard. This is from a letter he sent Judge Grimm last year when he tried to stick his nose into the Kimberlin v. The Universe, et al. RICO Madness. The letter is memorialized as ECF No. 63 in that case’s docket and would be a self-authenticating document if introduced into another proceeding in any court in the U. S.
demented adj. \di-ˈmen-təd\ :suffering from dementia.
This sort of sloppy neglect of the facts by the Cabin Boy™ is one of the reasons why he should expect to lose his LOLsuit.
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Indeed, The Dreadful Pro-Se Schmalfeldt’s record in court matches The Dread Deadbeat Pro-Se Kimberlin’s—they both have batted 0.000.
Yesterday’s TKPOTD contained the Government’s opposition memorandum to Brett Kimberlin’s motion to vacate some of this Speedway Bombing convictions. Among the crackpot legal theories that Kimberlin asserted was the idea that he was entitled to DNA analysis of hair samples that were used in one of his trials four decades ago. However, it was Kimberlin who introduced the evidence, and he’s not entitled to a do-over for his own mistakes.
The TKPOTD from three yeas ago today dealt with another bit of evidence that The Dread Deadbeat Pro-Se Kimberlin introduced in the Kimberlin v. Walker, et al. LOLsuit that he probably wishes he’d left out.
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For the last couple of days, I’ve been posting examples of The Dread Pro-Se Kimberlin’s incompetence structuring his arguments in court. TDPK was foolish enough to call Stacy McCain as a plaintiff’s witness in the Kimberlin v. Walker, et al. LOLsuit. During his direct examination of Stacy, TDPK tried to introduce evidence from the Southern Poverty Law Center. That resulted in the following exchange among Judge Johnson, Patrick Ostronic (the lawyer representing Aaron Walker, Stacy, and me), and Kimberlin—
THE COURT: So what does the Southern Poverty Law Center have to do with this case? I’m not asking you about Mr. McCain, I’m asking you about why are you asking him about the Southern Poverty Law Center?
MR. KIMBERLIN: I’m asking him the Southern Poverty Law Center is the leading, one of the leading civil rights organizations in the —
THE COURT: I understand all of that but what does it have to do with this case?
MR. KIMBERLIN: Because —
THE COURT: And the claim that you are making against these gentlemen?
MR. KIMBERLIN: Because Southern Poverty Law Center regularly outs racists –
MR. OSTRONIC: Objection.
THE COURT: So what if they do. What does that have to do with this case? This case isn’t about racists or racism.
MR. KIMBERLIN: It’s about hate. It’s about hate. These people hate me and they do anything to destroy me.
THE COURT: Well but why are you asking this witness about the Southern Poverty Law Center? First of all he couldn’t testify as to anything they said or did because it wouldn’t be an exception to any hearsay rule. So you would never be able to get that in evidence anyway.
MR. KIMBERLIN: All right.
THE COURT: Your objection’s sustained.
The Rules of Evidence are not about virtue signaling.
For the past couple of days, we’ve been looking as some of the filings in two cases from the U. S. District Court in Indianapolis: United Staves v. Brett Kimberlin, 79-CR-0007 (S.D. In.) and Brett Kimberlin v. United States, 18-CV-1141 (S.D. In.). The first case is the originally Speedway Bomber trial which was reopened in 2018 when Kimberlin sought to have some of his convictions vacated. The second case is a parallel civil case which also sought to have some of his convictions vacated. Last Friday, a judge denied all of Kimberlin’s motions in the cases, including his motions to vacate. Kimberlin tried to claim that there were errors in the trial that justified setting aside some of his convictions.
Today, I’m posting the the U. S. Attorney’s Response in Opposition to Kimberlin’s petition in the case. The Background section of the response is a concise history of Kimberlin’s career as a dope dealer, serial bomber, and vexatious litigant. It’s worth reading.
For those of you who would prefer at bit of TL;DR, here are some of the better quotes:
… Kimberlin has received an abudance of process. He had three trials, and at least four direct appeals, five collateral attacks, and four habeas petitions. … Put differently, “Kimberlin is no stranger to appellate proceedings.” United States v. Kimberlin, 898 F.2d 1262, 1264 (&th Cir. 1990) (Kimberlin VII). As of 1990, he had “averaged two appeals per year in [the Seventh Circuit] over the last decade. Id.
Now he is back. Decades after his convictions, Kimberlin returns for another inevitable round of litigation. Dispersed over at least 10 filings, he launches a fusillade of claims—complete with typical conspiratorial bent—that range from merely incorrect to actually misleading. He does so under the writ of coram nobis—”[the] criminal-law equivalent” of a “Hail Mary pass.” United States v George, 676 F.3d 249, 251 (1st Cir. 2012). None of his passes finds a target.
Also, under the heading—Kimberlin’s Litigiousness: “I have filed over a hundred lawsuits and another one will be no sweat for me”—
He managed to save time for several vexatious lawsuits. For example, he sued the Bureau of Prisons fro preventing a pre-election press conference regarding his claim to have sold marijuana to former Vice President Dan Quayle, Kimberlin v. Quinlan, 251 F. Supp. 2d 47 (D.D.C. 2003); he sued U.S. Senators Mitch McConnell and Chuck Grassley regarding the nomination of Judge Merrick Garland to the Supreme Court, Kimberlin v. McConnell, No. GJH-16-1211, 2016 WL 8667769, a *1 (D. Md. June 3, 2016), aff’d, 671 F. App’x 128 (4th Cir. 2016); and he claimed that a criminal enterprise was spreading defamatory stories about him, Kimberlin v. Frey, No. GJH-13-3059, 2017 WL 3141909, a *1 (D. Md. July 21, 2017), aff’d, 714 F. App’x 291 (4th Cir. 2018). “There are many other unpublished decisions.” Kimberlin VII, 898 F.2d at 1264.
And under the heading—Kimberlin—Not the government—Introduced the Hair Analysis He Now Complains About—
Kimberlin’s hair analysis claim is a paradigmatic example of chutzpah. He says the hair analysis testimony was “false evidence’—but audaciously neglects to mention that he was responsible for its introduction at trial.
On Tuesday evening I posted Wednesday’s TKPOTD a few hours early to take note of a ruling in the U.S. District Court in Indianapolis denying a petition to vacate some of his Speedway Bombing related convictions. You can read that post here. Over the next few days, we’ll take a look at how that civil case progressed, but first, let’s take a look and the underlying criminal case. It turns out that Kimberlin also filed paperwork in that case and his motion to vacate that convict as unconstitutional was also denied.
Here’s The Dread Deadbeat Pro-Se Kimberlin’s Motion to Vacate in the criminal case.
I find it ironic—but definitely not amusing—that Brett Kimberlin would complain about being haled into court by an allegedly unconstitutional attack on his First Amendment rights.
Kimberlin filed his Motion to Vacate pro se, and he did not have counsel until the case was almost a year old.
As the judge noted in her opinion, it’s reasonable for the government to want to prevent confusion about who is and who isn’t a federal law enforcement officer, and Kimberlin’s behavior while wearing his kludged-up uniform with a DoD police patch gave the impression that he was holding himself out as a DoD police officer. He was not play acting, he was impersonating. His conviction will stand.