Brett Kimberlin has filed a petition for a writ of certiorari with the Supreme Court seeking review of the Seventh Circuit’s denial of his motion to have his Speedway Bombing convictions set aside. The government filed its opposition to the petition earlier this month, and Kimberlin’s reply brief was filed yesterday.
Brett Kimberlin is still trying to find a way to get out of his Speedway Bombing conviction. He’s petitioning the Supreme Court to review the Seventh Circuit’s denial of his latest appeal. He was convicted over 40 years ago.
The TKPOTD for nine years ago today looked at Mark Singer’s conclusion about Kimberlin’s guilt. Singer spend several years in the ’90s researching and writing Kimberlin’s authorized biography.
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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.
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The government has filed is opposition brief to Kimberlin’s petition. His reply brief would normally be due 14 days after the opposition, but the 14th day is Thanksgiving. The court is closed for the holiday and the day after, so he has until Monday to file a reply.
Nobody’s perfect. I make mistakes, but when verifiable errors published at Hogewash! are pointed out to me, it’s my policy to post a correction. A Correction in Re #BrettKimberlin appeared ten years ago today.
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It is my firm policy to publish corrections here at Hogewash! as soon as errors are verified. Because I had an incorrect date of birth for Brett Kimberlin, I was unable to verify that he is a registered voter. Subsequently, he included his date of birth in a public document that I have downloaded, and I was able to check his voter registration. Brett Kimberlin is registered to vote at his home address in Maryland.
I regret my earlier error.
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FWIW, I’ve never seen a correction or withdrawal of any of the defamatory statements posted about me on breitbartumasked dot com or any other Kimberlin-related website.
Brett Kimberlin is a liar, and he tells stupid lies. For example, he testified under oath in his LOLsuit against Seth Allen that his parole for the Speedway Bombings sentences had never revoked.
Q Were you released and then sent back to prison for a parole violation, for failure to pay compensation to the, Ms. Delong (phonetic sp.), the wife of Carl Delong, who took his own life after those bombs —
Q — tore up half his body?
A No, I wasn’t.
Of course, the documented record contradicts Kimberlin. As noted in the government’s opposition brief filed in the Supreme Court on Friday,
[p]etitioner was paroled in 1994, but his parole was revoked in 1997 for submitting a fraudulent mortgage loan application and failing to pay a civil judgment to the DeLong family. Kimberlin v. Dewalt, 12 F. Supp. 2d 487, 490-494 (D. Md. 1998), aff ’d, 166 F.3d 333 (4th Cir. 1998) (per curiam), cert. denied, 527 U.S. 1041 (1999).
Kimberlin has until close of business on the 24th to file a reply brief in his attempt to have his Speedway Bombing convictions set aside.
The government has filed its reply with the Supreme Court to Brett Kimberlin’s petition for a writ of certiorari. Kimberlin is seeking to have his Speedway Bombing convictions overturned via a writ of coram nobis. The government has asked the Supreme Court not waste everyone’s time hearing Kimberlin’s appeal.
Here’s the TL/DR:
Given the weakness of petitioner’s substantive claims and his lack of any justification for the delay in raising them, this case would be a poor vehicle to review the bounds of coram nobis relief. Even if petitioner could establish that a vacatur of only some of his convictions could satisfy the collateral consequences requirement, he still would not be entitled to the relief he seeks.
The TKPOTD for seven years ago today dealt with one of the aspects of Brett Kimberlin’ incompetence as a litigator.
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I’ve been rereading some of The Dread Pro-Se Kimberlin’s recent court filings. I’m beginning to believe that it may be that he simply doesn’t understand several basic legal principles. There are paragraphs in several of his filings that actually make the opposing parties’ cases for them. It’s going to take a while for all of TDPK’s LOLsuits and appeals to wind down, but the light at the end of his tunnel is an oncoming locomotive.
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One cannot proceed pro se in the Supreme Court, but Kimberlin has managed to find a lawyer willing to represent him there as he tries to get some of his Speedway Bombing convictions overturned.
The government’s reply to Kimberlin’s petition for a writ of certiorari is due today.
There’s good, there’s evil, and then there’s wickedness. Much of the time that we wind up doing evil, it’s because we are acting thoughtlessly. But there are times when someone exercises a freewill choice to do what he knows is wrong. That is wickedness.
One of the differences between Brett Kimberlin and me is our religious beliefs. He has said that he is an atheist. I’m a Christian. From my point of view, he has fallen for the lie that Genesis 3 records Satan telling: You can be like God. And if you’re like God, you can make your own rules. Self gratification is OK.
I, on the other hand, believe that it is better to exercise my freewill under God’s constraints and guidance. That leads to a freewill choice to love, love in the sense of the Greek word agape, a love that puts another’s welfare ahead of my own. Do I do a good job of that? No, not on my own. God’s help is necessary.
We all come equipped with a conscience, but with enough wicked choices it is possible to sear one’s conscience. Perhaps that is what has happened to Brett Kimberlin. Perhaps he can no longer tell good from evil.
The eminent theologian Bob Dylan put it this way: You Gotta Serve Somebody. I believe that Mr. Kimberlin and I are ultimately on opposite teams. He has the right to his choices in so far as they don’t injure others, but when they do, the good guys have the obligation to protect themselves and others. Whether using Tovex or lawfare, Brett Kimberlin has caused suffering for those who did not deserve it.
It’s time for that wickedness to be brought to justice.
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Brett Kimberlin has had motions and appeals going for the last four years to try to have some of his Speedway Bombing convictions set aside. As the Supreme Court considers his appeal, we should pray for justice.
Before he took up bombing, TDPK earned his living as a wholesale dope dealer and drug smuggler. In 1978, he was caught while trying to retrieve 50 lb bales of marijuana that had been jettisoned from a DC-4 flying in from Colombia. The plane had been carrying 5 tons of dope when it ran into trouble and found it would have to land at the wrong airstrip.
It seems that TDPK had been keeping his supply line running via air over the Caribbean.
BTW, 10,000 lb of dope is not the kind of buy made causally on the street. Back in the ’70s, that kind of quantity was cartel business, usually Cali. The other cartels had moved on to coke by then.
<mockery>Given TDPK’s history, please be careful in selecting snacks, especially brownies. Popcorn is always good.</mockery>
Stay tuned. There’s plenty of interesting stuff ahead.
Tick, tock, tick, tock, …
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BTW, Kimberlin pleaded guilty to the dope charge, so even if the Supreme Court were to take his appeal and find in his favor on the Speedway Bombing convictions, The Dread Deadbeat Pirate Pusher Kimberlin will still be a felon.
Brett Kimberlin has a thin skin. He included this bit of whining in his omnibus opposition to the motions to dismiss his RICO 2: Electric Boogaloo LOLsuit.Here’s the part of my motion to dismiss that bothered him so.
BTW, a few days after Kimberlin filed that motion to dismiss, a judge in another case found that Kimberlin’s reputation as a perjurer, drug smuggler, and serial bomber was so bad that it was not possible to injure it, and therefore, it was not possible for him to make a valid defamation claim.
Brett Kimberlin has had a series of motions and appeals going since 2018 trying to have his Speedway Bombing convictions set aside. He failed in the U. S. District Court in Indianapolis and the Court of Appeals for the Seventh Circuit. He now has a pro bono lawyer who has file a petition for a writ of certiorari with the Supreme Court. The Solicitor General’s reply was initially due in September, but an extension was granted until next week. The Government has asked for a further extension of time to file.
One of the things I’ve noticed about Brett Kimberlin’s court filings is that they usually read like easily disproved fiction. The TKPOTD for eight years ago today debunked one such claim in his RICO Madness LOLsuit.
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The Dread Pro-Se Kimberlin may be in for a rough time with his RICO claim in his vexatious Kimberlin v. The Universe, et al. lawsuit. He has made allegations of online fundraising by the defendants the underpinning of his claim.He made a similar claim in his Kimberlin v. Walker, et al. nuisance suit in state court. When he tried to get evidence concerning such fundraising into the record, he wound up with these exchanges. This—
MR. KIMBERLIN: Uh-huh. So you’ve raised a lot of money on that site.
MR. AKBAR: No.
MR. KIMBERLIN: You haven’t?
MR. AKBAR: Nope.
MR. KIMBERLIN: Bomber Sues Bloggers has never raised any money?
MR. AKBAR: No. I do a lot of fund raising for charitable activities, homeless people, the hungry, free speech —
MR. KIMBERLIN: I’m asking you a simple question. Have —
MR. AKBAR: Well, what —
MR. KIMBERLIN: — you ever raised any money on —
MR. AKBAR: In the context of what I do for a living, no.
MR. KIMBERLIN: Have you ever received any money, any funds at all, from the National Blogger’s Club?
MR. HOGE: No.
Thus, there is nothing in the record of that trial concerning online fundraising by my codefendants or me that supports TDPK’s similar allegations in the state case. That lack of evidence is part of what led Judge Johnson to render a directed verdict in our favor. That verdict is a final judicial finding that TDPK’s allegations are false. As such, they are not subject to relitigation under the doctrine of res judicata. That means that the RICO claim in the federal lawsuit should be dismissed.
It will be interesting to see what crackpot legal theory TDPK will try to use to save his foundering lawsuit when he files his omnibus answer to all the motions to dismiss in the RICO Madness. His opposition is due on 15 October. There should be plenty of time to stock up on popcorn.
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AFAIK, Kimberlin’s only currently active case is petition for a writ of certiorari seeking to have the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bombing convictions set aside. We’ll see how his narrative about those trials plays with the Supremes.
One of the usual suspects, Rights Behind Bars, has filed an amicus brief in support of Brett Kimberlin’s petition for a writ of certiorari in his appeal of the Seventh Circuit’s denial of his attempt to use a writ of coram noibis to attack his Speedway Bomber convictions.
Brett Kimberlin has sued me for defamation four times, and he lost all four for those LOLsuits. One of his complaints was that I’ve called him a terrorist. The TKPOTD for seven years ago today took a look at how he was referred to as a terrorist long before I had ever written about him.
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One of the the things The Dread Pro-Se Kimberlin whines about in his Kimberlin v. Most of the Universe, et al. LOLsuit is how he feels defamed because he’s been called a terrorist. He would have the court believe that being called a terrorist after 15 October, 2010, portrayed him in a false light.
If the Gentle Reader does a Google search on >”brett kimberlin” + terrorist< that is time limited to before 2010, the top results will look something like this—
That first result is the Wikipedia “Kimberlin” page which contains a link to the article about Brett Kimberlin. While the “Kimberlin” page was created in 2008, the article about TDPK wasn’t created until 2012. Gasp! Wikipedia refers to Kimberlin as a terrorist! <sarc>It must be part of the conspiracy!</sarc>
The next hit is a Baltimore Sun article from 1996 reviewing Mark Singer’s book Citizen K. It refers to Kimberlin as a terrorist. The third hit is a piece from Daily Kos that refers to Kimberlin as a bomber “who terrorized the city of Speedway, Indiana …” Neither the BS nor Daily Kos qualify as rightwing nut job publications.
And there are plenty more references to Kimberlin’s history as a bomber/terrorist/criminal. His reputation was out there on the Internet well before 2010 and, certainly, well before I began blogging in 2011.
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In the second state case he filed against me, the court found that his reputation was so poor as a perjurer, drug smuggler, and serial bomber was such that it was impossible to defame him.
And now he’s asking the Supreme Court for relief from his Speedway Bombing conviction.
Brett Kimberlin has lost every court case he’s filed over the past decade. The TKPOTD for five years ago today took a look at the one of the easily refuted false claims he made.
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One of the silliest claims that The Dread Pro-Se Kimberlin has made in his various LOLsuits is that making truthful statements about him based on his own writings is defamatory. For example, in his second amended complaint in the Kimberlin v. National Bloggers Club, et al. (II) RICO Retread LOLsuit, TDPK alleged this—The statement that Kimberlin has filed over 100 lawsuits is based on Kimberlin’s own words contained in an email he sent to Patrick Frey. The opinion that they were frivolous is based on the fact that he lost almost all of them. And as a blogger on the receiving in of TDPK’s lawfare, I agree that his attacks were vicious.
I’ve seen it suggested in some quarters that Patterico wasn’t telling the truth about receiving such an email from Kimberlin. However, in his order granting summary judgment in Patrick Frey’s favor in the Kimberlin v. Frey RICO Remnant LOLsuit, Judge Hazel found this—By my reckoning, TDPK’s filed another dozen or so civil actions in the past five years. Perhaps the next time he threatens someone he should claim to have filed “over a hundred-and-twelve lawsuits,” but given the way he’s been beaten over the past five years, he may not want to claim that his pro se lawfare is no sweat.
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AFAIK, Kimberlin has only one case pending, his petition seeking the Supreme Court’s review of the Seventh Circuits denial of an attempt to have some of his Speedway Bomber convictions set aside. Kimberlin has managed to get lawyer to represent him pro bono. We’ll see how the case proceeds.
Brett Kimberlin has been in court for the past few years seeking to have some of his Speedway Bombing convictions over turned. Kimberlin case is based on asking for a writ of coram nobis to allow review of “errors” made during his trials. The TKPOTD for nine years ago today published a synopsis of his rap sheet.
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Cabin Boy Bill Schmalfeldt keeps referring to Brett Kimberlin’s “alleged” crimes. Here’s the list of federal crimes of which Brett Kimberlin has been convicted, some on multiple counts.
Conspiracy to Possess Marijuana
Intent to Distribute Marijuana.
Possession and Illegal use of Department of Defense Insignia
Illegal use of the Seal of the President of the United States
Impersonation of a Federal Officer.
Receipt of explosives by a convicted felon
Possession of an Unregistered Destructive Device
Unlawful Manufacturing of a Destructive Device
Malicious Damage by Means of Explosives
Malicious Damage by Means of Explosives Involving Personal Injury.
The aggregate sentence for all of those charges (except the earlier perjury rap) was over 51 years. Kimberlin was paroled, had his parole revoked, and paroled a second time in 2001. In 2006 he was released from supervision by the Parole Commission. His sentence will finally expire in 2030.
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Because there is a difference in how different courts of appeals treat the writ of coram nobis, it’s possible the Supreme Court might take the case in order to clarify the law. However …
Even if the Supreme Court were to grant Kimberlin’s petition for a writ of certiorari and were to decide in his favor and order the case reopened, and even if the lower courts wound up granting Kimberlin the relief he is seeking, he will still be a convicted felon, and none of his rights will be restored.
His perjury conviction will still stand.
He pleaded guilty to the drug charges, so they will still stand.
The convictions relating to his arrest for attempting to have false federal IDs printed will still stand.
Brett Kimberlin is the subject of an authorized biography called Citizen K: The Deeply Weird American Journey of Brett Kimberlin. This post from nine years ago today provided an Amazon link to purchase a copy.
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Back in the ’90s, before Brett Kimberlin’s parole was revoked, Mark Singer extensively investigated Brett Kimberlin’s background and his claim to have sold marijuana to Dan Quayle. Citizen K is the saga of a master drug smuggler, convicted bomber, suspected murderer, jailhouse lawyer, and media manipulator, whose story about supplying marijuana to a future vice president is only the beginning.
When Kimberlin was served with discovery interrogatories related to the book during one of his LOLsuits, Kimberlin claimed that he didn’t have a copy, so I bought one and sent it to him with discovery interrogatories in another case.
Oh, and here’s an interesting twist. The first copy of Citizen K I acquire was a gift from one of the Gentle Readers who had bought it at a used bookstore. It was marked as having been the property of the public library in Bloomington, Indiana.
We’ve been following the progress of Brett Kimberlin’s attempt to have some of his Speedway Bombing convictions set aside. His latest effort failed in the U.S. District Court in Indianapolis and the Court of Appeals for the Seventh Circuit. Last month, he filed a petition for a Writ of Certiorari with the Supreme Court, and the government’s response was due on 6 September. The government asked for an extension of time to respond until 11 October, and the Court granted that request yesterday.
Brett Kimberlin has been seeking to have some of his Speedway Bombing convictions overturned. Both the U. S. District Court in Indianapolis and the Court of Appeals for the Seventh Circuit ruled against him, so he is appealing to the Supreme Court.
Neal Katyal is the lawyer representing Brett Kimberlin in that appeal. Katyal asked for and was given until 6 August to file a petition for a writ of certiorari with the Supreme Court. Because the 6th was a Saturday, he actually has until today to file. It may take a few days for the Clerk to process all the paperwork and get the petition on the docket.
It wasn’t the Speedway Bombings that first brought Brett Kimberlin to national attention. It was the claim he made just before the 1988 elections that he had been Dan Quayle’s dope dealer. The TKPOTD for nine years ago today dealt with Mark Singer’s conclusion about the truth of Kimberlin’s story.
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Mark Singer investigated Brett Kimberlin’s claims to a have sold marijuana to Dan Quayle. On p. 337 of Citizen K he writes that
I spent four years asking questions about Kimberlin, and along the way I never met a soul who could offer genuine corroboration of the fable that brought him to my attention in the first place.
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Given subsequent information that has been published here at Hogewash! and at other venues, it seems clear that Kimberlin was lying.
The truth is not only out there, it is uncontrolled. It cannot be beaten into submission by brass knuckles PR management.
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Even if his current attempt to get the Supreme Court to grant him relief from his Speedway Bombing convicts were to succeed, Brett Kimberlin will still be a convicted felon—a perjurer and a dope smuggler.
Back in 2018, Brett Kimberlin filed a motion that sought review of some of his Speedway Bombing convictions. The motion was denied by the U. S. District Court in Indianapolis, and the denial was affirmed by the Seventh Circuit Court of Appeals. Kimberlin has found a lawyer to represent him in the Supreme Court, and his petition for a writ of certiorari is due on 6 August.
The question posed in this AYPWIP from nine years ago seems on point.
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Could be, Brain … I wonder if he’s getting his advice from the same guy who represented Wile E. in Coyote v. Acme.
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UPDATE—A California appeals court has ruled that LA District Attorney Gascón must allow his prosecutors to charge criminals under the state’s three strikes law. Legal Insurrection is reporting that the DA is appealing that ruling to the California Supreme Court.
Gascón has to know his chances are slim in front of the California Supreme Court, but he retained Neal Katyal, the nation’s highest-paid lawyer.
Former Acting U.S. Solicitor General Neal Katyal represented Al Gore in 2000. He also charged a Johnson & Johnson subsidiary $2,465 an hour in a bankruptcy case.
Kaytal is the lawyer representing Brett Kimberlin pro bono in the Supreme Court.
The past couple of TKPOTDs have dealt with the reboots of a couple of Kmberlin-related websites, jtmp dot org and protectourelections dot org. The past four or five years have seen Brett Kimberlin’s web presence contract significantly. It seems he’s trying to gin up some positive publicity as he goes through the process of filing a petition for a writ of certiorari with the Supreme Court on the denial of his attempt to have some of his Speedway Bombing convictions set aside.
I usually use DuckDuckGo for web searches, but last night I was on a machine that was set up with the Brave browser. DuckDuckGo (and Google) respond to searches for justice through music project and protectorelections with jtmp dot org and protectourelections dot org as the first hits. Brave responded with these—Neither site makes it into the first five hits. Neither site has significant traffic, but still …
Most, if not all, of the members of Team Kimberlin are atheists, but from time to time they try to hold me accountable for their imagined understanding of my religious beliefs. This Point of Information was raised nine years ago today.
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It has been noised about on the Interwebs that I celebrate adultery or that this blog does. That is not true.
I take what God says about it seriously. I don’t encourage it. I don’t support it. I don’t celebrate it.
I also rarely talk or write about it. This blog isn’t about tabloid journalism. Adultery happens and is sometimes a driving factor in a story, but adultery per se is not a focus of this blog.
UPDATE—An anonymous coward from Team Kimberlin wishes to preach to me:Yes, my son is overweight. The problem stems from a side effect of a drug he was taking for serious medical condition. He is now on a different regimen and has lost a significant amount of weight.
The anonymous coward preaches on … Haughty eyes. Would that be like assuming you’re enough smarter than the average bear so that getting caught is simply bad luck?
A lying tongue. Is that kinda like perjury?
Hands that shed innocent blood. Could that blood come from a man’s leg after it had been blown off by a hidden time bomb?
A heart that devises wicked plans. Like smuggling contraband drugs, or plotting murder of a prosecutor, or lying about selling drugs to a political candidate, or … ?
Feet that make haste to run to evil. Like a recurring habit of stalking one’s critics and enemies?
A witness who breathes out lies. Like a guy who testifies that he did not engage in behavior for which there is clear documentation that he did?
One who sows discord among brothers. Like someone who falsely accuses his wife of mental illness in front of her children?
No, I haven’t forgotten that passage from Proverbs, and I think that it tells us a great deal about God’s sense of justice.