The month of March has not been kind to Brett Kimberlin. March, 2015, was particularly brutal to him. On Friday the Thirteenth, his bogus peace order petition against me was denied, and on the following Monday, his RICO Madness LOLsuit was dismissed except for one claim against only one of the 24 defendant. The TKPOTD for one year ago today chronicled yet another loss in court for the Speedway Bomber.
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The Court of Appeals for the Seventh Circuit has published the mandate in Brett Kimberlin’s appeal which it denied earlier this month.
He has 90 days from the date the court’s order was issued (9 March) to file for a petition for a writ of certiorari with the Supreme Court. (Supreme Court Rule 13)
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Kimberlin got one of the usual suspect law firms to represent him pro bono and filed a petition for a writ of certiorari with the Supreme Court. His petition was denied.
There’s an article about Brett Kimberlin on Wikipedia. It’s accurate, so Brett Kimberlin has tried to have it taken down. His deletion request was, at least in part, about the effect the article was having on his fund raising.
I have been the subject of a right-wing smear job that lasted years because of my work running a progressive non-profit. Right wingers have used this WP as part of their toolset against me, knowing full well that anyone who considers working with or funding me will consult WP first.
The TKPOTD for five years ago today, dealt with Kimberlin attempt to have the article removed from Wikipedia.
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Brett Kimberlin wants his Wikipedia page taken down. Patterico has details. He quotes at length from The Dread Deadbeat Pro-Se Kimberlin’s whining requests for deletion. The Wikipedia editors all seem inclined to keep the article. One editor notes that the
idea that someone can campaign to have their own article deleted because it contains … accurate … information about them is absurd.
Moral of the story? You can run from your past, but not the internet. If Wikipedia deletes the article, others will republish the truth. Ten years from now, Google Brett Kimberlin, and you’ll still find the truth.
Everything is proceeding as I have foreseen.
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Vigilant Vindex posted this cartoon as a comment to the original post.
Speaking of the Southern Poverty Law Center, Brett Kimberlin tried and, of course, failed, to cite them as an authority during the Kimberlin v. Walker, et al. nuisance LOLsuit. As noted in the TKPOTD from six years ago today, Judge Johnson (photo at left) wasn’t buying what The Deadbeat Pro-Se Kimber was selling.
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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.
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There are interesting intersections among domestic terrorists.
So how did all that lawfare and cyberharassment work out for Team Kimberlin?
Brett Kimberlin is still the Speedway Bomber, as well as a convicted drug smuggler and perjurer.
His music career was a bust.
His web presence has collapsed. As of about 9pm ET last night, the Justice Through Music Project website was ranked 14,315,784, and the Protect Our Elections website was ranked 15,029,580.
And as for former Terror of the Twitterz Bill Schmalfeldt … this comment from yesterday’s TKOPTD summarizes his Internet presence—
I know this is only related to Team Kimberlin in a tangential way, but I find it beyond the bounds of hilarity to see that Bill Schmalfeldt’s most recent Twitter account @ThePortlyPundit was hijacked by crypto scammers about a month ago…and no one seems to have noticed but me.
This post from nine years ago today was about a certified mail green card the The Deadbeat Pro-Se Kimberlin filed in one of his LOL suits and asked, “Another Forgery?“. And yes, indeed, it was.
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The Dread Pro-Se Kimberlin has filed a motion in his frivolous copyright suit against Kimberlin Unmasked that includes an exhibit purporting to show a Certified Mail green card with the Restricted Delivery “Yes” box checked.
TDPK also filed a report on the status of service in the Kimberlin v. The Universe, et al. RICO Madness that included the Post Office receipt for that particular piece of mail. The receipt shows that the extra fee for Restricted Delivery was not paid. Thus, there is no legitimate reason for the tick mark in the “Yes” box to be on the card.
I’m not a defendant in the copyright suit, so I don’t have standing to intervene in that case, but I’ll bet that it won’t be long before someone is able to bring this issue to the attention of Judge Titus.
Mark Twain once observed that if you tell the truth you don’t have to remember what lies you told to which people.
UPDATE—In 2013, the charge for Restricted Delivery was $4.75. As can be seen on the receipt, that amount was not paid. If it had been the total postage paid would have been $15.00.
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The Gentle Reader may remember that Brett Kimberlin is a convicted perjurer. He has a history of failing at forgery as well.
In 1979, Kimberlin was arrested after he tried to procure counterfeit government documents—including a presidential seal, military driver’s license forms, and military license plates. The search of the car he was driving during that bust found bomb making material and led to his Speedway Bombing conviction.
Convicted perjurer Brett Kimberlin is a liar, and a rather bad one, at that. The TKPOTD for eight years ago today dealt with one his more mindbogglingly stupid lies.
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This is from The Dread Pro-Se Kimberlin’s Response in Opposition to Defendant Walker’s Motion to Exceed Page Limit and to Strike which he filed in the Kimberlin v. The Universe, et al. RICO Madness this past Monday.It is trivially easy to prove that statement false. Here are couple of examples:
On 9 January, 2012, Judge Rupp granted Aaron Walker’s motion to seal court papers filed by TDPK in the Kimberlin v. Allen lawsuit that contained Aaron’s personal information.
On 25 June, 2012, Judge Rupp granted Aaron’s motion for a partial stay off the unconstitutional peace order TDPK was granted against Aaron in May, 2012.
I’m very pleased that TDPK is putting this sort of junk in his motions. Having such easily disproved misstatements in his motions serves to undermine his credibility with the court.
#Fail
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Of course, his transparent lying in court papers has helped maintain to his perfect .000 batting average in his LOLsuits since Hogewash! took notice of him.
Any petition for the rehearing of an order denying a petition for a writ of certiorari or extraordinary writ shall be filed within 25 days after the date of the order of denial …
The order denying Brett Kimberlin’s petition for a writ of certiorari seeking review of his Speedway Bombing convictions was issued on 9 January, so the window for a petition for rehearing closed on last Friday, 3 February. No petition for rehearing has appeared on the case docket. His convictions still stand.
As one of the defendants in four of Brett Kimberlin’s frivolous defamation LOLsuits, I could have raised truth as a defense. As far as I know, what I’ve written and said about him is true, and he’s never offered any contradictory evidence. I never had to offer that defense because my codefendants and I were granted a directed verdict in the first case when Kimberlin failed to show any of our statements were false and because none of his other cases survived motions to dismiss.
One of the grounds for dismissal that several of my codefendants and I raised was that Kimberlin’s reputation as the Speedway Bomber was so poor that it was impossible to lower the public’s opinion of him, and that was one of the bases for Judge Mason’s granting dismissal in the RICO Remnant (Kimberlin v. National Bloggers Club, et al II) suit.
Try as he might, Kimberlin has failed to rid himself of the Speedway Bombing convictions. The Supreme Court has denied his petition for a further review.
One of the reasons why Brett Kimberlin has failed so consistently in his legal crusades is that he carelessly makes this opponents’ cases for them. Consider the TKPOTD for eight years ago today.
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Here’s another example of The Dread Pro-Se Kimberlin including an exhibit with a filing that refutes his own allegation. First, the allegation from his opposition to Aaron Walker’s and my motions to dismiss his first amended complaint for the Kimberlin v. The Universe, et al. RICO Madness.That’s from the second paragraph numbered 41 in his first amended complaint.
Now, here is the relevant part of his Exhibit Z. Notice that Aaron goes to great length to explain why Miss Kimberlin should not be held accountable in any way for Brett Kimberlin’s activities.TDPK lost his Kimberlin v. Walker, et al. nuisance lawsuit because he couldn’t produce any evidence to support his case. In the RICO Madness he’s one-upping himself by presenting evidence that supports the defendants.
#Loser
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And as we’ve seen in Kimberlin’s recent loss at the Supreme Court, he can’t put a sensible case together even with the help of a high-end law firm.
Gentle Reader, I’m not the only person who has called Brett Kimberlin a liar. This exchange occurred between The Deadbeat Pro-Se Kimberlin and Judge Mason during the The offenses in question were the Speedway Bombings.
I’ve recently had some request for more background on Brett Kimberlin and his campaign of lawfare. The TKPOTD from seven years ago today is a good summary of the first five years of the Saga.
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Brett Kimberlin is a convicted perjurer, drug smuggler, and serial bomber. He doesn’t like people talking about that, and for the past several years, he’s been trying to use the legal system to punish people who speak and write about him.
I started writing about Brett Kimberlin when I became aware of Lee Stranahan’s proposal for Everyone Blog About Brett Kimberlin Day. That blogburst was scheduled for Friday, 25 May, 2012, but I first wrote about Kimberlin a few days earlier in the context of his harassment of Stacy McCain’s family. From there, I picked up the story of Kimberlin’s harassment of Aaron Walker, initially focusing on the unconstitutional gag order that was a part of a peace order issued against Aaron. That order forbade Aaron from writing about Kimberlin or speaking about him publicly. Because I believe that ridicule is a powerful weapon against self-important jerks, I began referring to Kimberlin as Lord Voldemort (He Who Must Not Be Named).
As the to-and-fro of the lawfare went by, a Bloggers Defense Fund was created to assist with Aaron Walker’s legal expenses. Kimberlin responded by putting up a pirate-themed website called the Bloggers Offense Team. It was a failure, but it led me to begin referring to Brett Kimberlin as The Dread Pirate Kimberlin and his fanboys by similarly themed nicknames. (I did not come up with Cabin Boy Bill Schmalfeldt. Credit goes to commenter monitor2112 for that.) TPDK has also come to stand for The Dread Performer Kimberlin, The Dread Pedo Kimberlin, and The Dread Pro-Se Kimberlin—each of those has had some connection to his story as it has unfolded over the past three-plus years.
By the end of October, 2012, I had become a target of harassment by Team Kimberlin (as his supporters have become known) as well, and I received a SWATing threat. When that didn’t work, various bits of cyberharassment were tried. When those proved ineffective, a false criminal charge was filed. When the prosecutor dropped that charge for lack of evidence, the first of four frivolous lawsuits was filed. When the first lawsuit failed and the second lawsuit was on the skids, a bogus peace order and two more lawsuits were filed. When the bogus peace order petition was denied and the second lawsuit dismissed, false complaints were filed against my personal and business Twitter accounts and another false criminal charge was filed. When that second criminal charge was dropped for lack of evidence and my business Twitter account was restored, I was served with an abusive subpoena in the remnant of one of the lawsuits from which I’ve been dismissed and sanctions are being sought against me because I didn’t have what The Dread [insert title] Kimberlin wanted. And so it goes.
All this bullshit from Kimberlin boils down to an attempt at brass knuckles reputation management, and it keeps blowing up in his face—in part because I won’t be intimidated. He’s trying to use the legal system to prevent people from exercising their First Amendment rights to talk about him, his past, and his present activities. I don’t intend to let him get away with it. I will aggressively defend my First Amendment rights and support and assit others as they defend theirs.
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Kimberlin’s focus for most of the past five years has been his failed attempt to attack his Speedway Bombing convictions. A couple of weeks ago, the Supreme Court put the kibosh on that by denying his appeal.
One of the claims that Brett Kimberlin tried to raise against a dozen of my codefendants and me in his RICO Madness LOLsuit was that we had conspired to deprive him of civil rights in violation of 42 USC §1985. The TKPOTD for eight years ago today, examined one of his attempt to keep that false claim alive.
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In his opposition to Lee Stranahan’s motion to dismiss the Kimberlin v. The Universe, et al. RICO Madness, The Dread Pro-Se Kimberlin tries to keep his Ku Klux Klan Act (42 U.S.C. § 1985) claim alive.
Actually, invidious discrimination is one of the element of a § 1985 offense. Here’s what the Supreme Court had to say:
The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators’ action.
Griffin v. Breckenridge, 403 U.S. 88, 102 (1971). There’s nothing in TDPK’s second amended complaint that alleges that any defendant discriminated against him because of his race. (As Stacy McCain noted while Kimberlin had him on the witness stand in the state lawsuit, “You’re white, by the way.”) The closest he’s ever come making a class-based claim was when he tried to sell the idea that he was being discriminated against because of his criminal record, but that isn’t in the second amended complaint. Even if it were, felons are not a protected class.
I expect to see some pretty wild stuff thrown out by TDPK as the we get closer to the end to the RICO Madness. Monday should bring some interesting things to PACER.
Stay tuned.
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Yes, Brett Kimberlin is a felon, and even if he had succeeded in getting the Supreme Court to erase his Speedway Bombing convictions, he’d still have felony convictions for perjury and drug smuggling.
Brett Kimberlin’s lawfare campaign has been a failed attempt to use the courts to suppress the First Amendment rights of the those of us who have written about his past and present activities. In fact, this blog took no notice of him until his attacks on blogger Aaron Walker. Ten years ago today, I took a look at how Kimberlin’s lawfare was going with this post titled Dread Pirate #BrettKimberlin and Reputation Management.
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So what’s the result of a year of TDPK’s brass knuckles reputation management via lawfare? When one googles him, this is the result.
He’s “best known as the perpetrator of the Speedway bombings in 1978.”
The truth is still out there.
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And now, the Supreme Court has denied Kimberlin’s petition seeking to set aside his bombing conviction.
One of the reasons why Team Kimberlin has maintained a perfect batting average of 0.000 with their LOLsuits is their reliance on crackpot legal theories. This Legal LULZ Du Jour ran seven years ago today.
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The Cabin Boy™ has been hitting the … um … the books … yeah, that’s it … hitting the books over at the Acme Legal Law Library and has come up with another couple of cockamamie theories. He really doesn’t understand the doctrine of res judicata.
I’ve never claimed that Roy Schmalfeldt’s allegations against the Cabin Boy™ are true. What I have noted is that by dismissing his lawsuit against Roy with prejudice, it now a settled matter that the Cabin Boy™ could not prove that what was said was false. I’ve also noted that the legal doctrine of res judicata prohibits The Dreadful Pro-Se Schmalfeldt from ever suing his distant cousin Roy over those statements again. By extension, if it wasn’t defamatory for Roy to make those statements before 19 August, 2015, it still shouldn’t be defamatory now.
Should someone else say the same thing about Bill Schmalfeldt? I wouldn’t advise it. However, it is not defamation to report the factual outcome of a court case or to offer an opinion about the future consequences of that case.
The Cabin Boy™ sued “Roy Schmalfeldt” and lost. The fact that the Cabin Boy™ didn’t know for sure exactly who he was suing doesn’t affect whether res judicata applies. The Cabin Boy™ is suing an unknown Roy in his LOLsuit VI: The Undiscovered Krendler, and res judicata shields that Roy from any thing that the Cabin Boy™ sued or could have sued about prior to 19 August, 2015. If TDPS decides to ID a particular person as “Roy Schmalfeldt,” that should have the affect of transferring the res judicata shield to that defendant.
The Cabin Boy™ should ask The Dread Pro-Se Kimberlin about res judicata and it’s bite.
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As we saw in Brett Kimberlin’s latest loss at the Supreme Court, even a white shoe law firm has trouble saving a case when the facts and the law are against you.
I screencapped and saved many of the cartoons that Kimberlin Unmasked posted to the Hogewash! comment section. This one from six years ago today seems to work for this week as well.
Brett Kimberlin’s appeal got denied by the Supreme Court because even with real lawyers writing his petition and real lawyers filing a supporting amicus brief, there were neither facts nor law from which he could make a case. The Legal Lulz Du Jour from seven years ago today gave an example of how poorly Team Kimberlin did when they tried acting pro se, that is, representing themselves.
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It obvious from these tweets that the Cabin Boy™ still hasn’t read N.C. R. Civ. P. 5(b1).BTW, Sputnik 1 decayed out of orbit on 4 January, 1958. The last Sputnik satellite was an amateur radio satellite. (My son William received a QSL card from the operators of the satellite.) That was Sputnik 41, and it decayed out of orbit on 11 January, 1999.
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The case, in which Bill Schmalfeldt was trying to defend himself involved restraining order. Of course, this is the quality of what he filed …
In yesterday’s TKPOTD, I took note of Brett Kimberlin’s felony convictions that he had racked up prior to the Speedway Bombing trials. Ten years ago today, this post about Dread Pirate #BrettKimberlin and Gun Control looked at the weapons in his possession when he was busted for drug smuggling.
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Those who feel that adding more laws to the 20,000+ gun control laws now on the books will have any effect on reducing crime should consider the case of Brett Kimberlin. He was convicted of a felony before he turned 20. As a felon, he is barred by federal law from possessing a firearm. With that in mind, let’s take a look at what Mark Singer writes on p. 106 of Citizen K about what TDPK had in his possession when he was busted for drug smuggling.
… strobe lights, walkie-talkies, a twenty-thousand-watt searchlight, bulletproof vests, handcuff, two Taser electric-shock-inducing stun guns, several military uniforms and berets bearing United States Special Forces and Special Officer and Department of Defense and American flag patches, U. S. Postal Service uniforms, a 20-gauge shotgun, a .22-caliber revolver, a .22-caliber automatic pistol with a silencer, a.38-caliber revolver, a box of silicone-sealed .38-special shells loaded with cyanide, a gas mask, and eight pairs of panty hose.
Other passages in the book mention TDPK in possession of an AR-15 rifle.
TDPK was not impressed by and had no respect for the Gun Control Act of 1968 that outlawed his possession of firearms. You know, it might just be the case that other criminals will be willing to break that law, and enacting more laws probably won’t restrain them any more effectively.
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Of course, The Deadbeat Pro-Se Kimberlin’s legal career consisted of nothing except shooting blanks.
Many of my favorite posts about Team Kimberlin were those announcing a win by one of their opponents in court. Those posts were often titled Qapla’ (the Klingon word for “success”). I hurriedly published yesterday’s Bonus Team Kimberlin Post of the Day during my lunch break. I probably should have titled it Luj (the Kinglon verb for “to lose”).
Brett Kimberlin’s petition to the Supreme Court seeking review of his Speedway Bombing convictions was distributed to the justices for their conference yesterday. Orders related to case considered at a Friday conference often are published on the following Monday.
Brett Kimberlin’s petition to the Supreme Court for a writ of certiorari seeking review of his Speedway Bomber convictions has been distributed to the justices for their conference today.
Brett Kimberlin filed his RICO Madness LOLsuit against me and my codefendants (there were 24 defendants in the case at one point) in the middle of October, 2013. It took until January, 2105, to get all of the preliminary motions filed, oppositions filed, and relies filed. The TKPOTD for eight years ago today dealt with the beginning of the end of that LOLsuit.
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The replies to The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness are due by next Thursday. I have reason to believe that some will be filed earlier, and if they are, I’ll post them as they become available on PACER.
I hope that there will not be much delay between those replies being filed and the judge ruling on our motions.
Stay tuned.
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It wasn’t until the middle of March, 2015, that the case was finally dismissed, except for one count against Patrick Frey.
Speaking of staying tuned, Kimberlin’s petition to the Supreme Court for review of his Speedway Bombing conviction was circulated to the justices for their conference this Friday. We may know more about the fate of that case soon.
Since 2018, Brett Kimberlin has been attacking his conviction in the Speedway Bombing cases. First, he failed in the U. S. District Court in Indianapolis. Then, he failed in Court of Appeals for the Seventh Circuit. Now, he has asked the Supreme Court to consider his appeal, and the paperwork surrounding his petition for a writ of certiorari has been distributed to the justices for their conference on the 6th.
The most significant news about Brett Kimberlin in 2022 was the failures of his appeals in the Seventh Circuit of his attempts to attack his Speedway Bomber convictions.He’s now asking the Supreme Court to review one of the cases.
Kimberlin’s petition for a writ of certiorari, the government’s opposition, Kimberlin’s response, and an amicus brief supporting Kimberlin have been circulated to the justices for their conference next Friday.
Part of Team Kimberlin’s PR effort was to threaten those of us being sued by the Dread Deadbeat Pirate Pro-Se Kimberlin with the direst of dire direness if we didn’t settle on terms favorable to the plaintiff. One of the early threats that fizzle was that Kimberlin had found a top notch lawyer who would crush us in court. The Bonus Prevarication Du Jour from nine years ago today was about one of Matt Osborne’s (aka Xenophon) attempts to spin that yarn.
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Here’s another whopper from Xenophon at Breitbart Unmasked (No, I won’t link to it).If The Dread Pro-Se Kimberlin really has found a lawyer willing to represent him, that lawyer will be filing an appearance with the court, and that should appear on the docket. Soon. As of this evening, the online database for the Kimberlin v. Walker, et al. lawsuit still shows Brett Kimberlin as pro se, that is, representing himself without counsel.
I suspect that Xenophon is simply lying. The post containing that statement is dated 23 December. That’s the same day that Brett Kimberlin filed his latest round of motions in the lawsuit, and they were filed pro se rather than through counsel. I’ll believe that TDPK has found a lawyer willing to risk his law license by signing on to the claims in Kimberlin’s Amended Complaint when I see his appearance in the case docket or see him show up in court.
OTOH, Xenphon’s “sources” may have told him that TDPK has a competent lawyer. If that’s the case, it may be time for a med check.
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Brett Kimberlin has managed to talk a law firm into providing him with pro bono representation for his petition seeking the Supreme Court review the Seventh Circuit’s denial of his attempt to have his Speedway Bomber convictions set aside. His petition has been distributed to the justices for their conference on 6 January.
Speaking of the Southern Poverty Law Center, Brett Kimberlin tried and, of course, failed, to cite them as an authority during the Kimberlin v. Walker, et al. nuisance LOLsuit. As noted in the 
The offenses in question were the Speedway Bombings.
As we saw in Brett Kimberlin’s latest loss at the Supreme Court, even a white shoe law firm has trouble saving a case when the facts and the law are against you.
Brett Kimberlin’s petition to the Supreme Court for a writ of certiorari seeking review of his Speedway Bomber convictions has been distributed to the justices for their conference today.