Yesterday, the second post in this series expanded on the six days of terror in Speedway, Indiana caused by the setting off of random bombs by Brett Kimberlin beginning on September 1, 1978. We described the horrific consequences of the bombings for the
Scypher DeLong (fixed –DE) family, and broached the topic of Kimberlin’s now adjudicated pedophilia. Today we’ll dive into the swamps of Kimberlin’s lawfare, where you’ll see that you don’t have to go to law school in order to be a failure as an attorney. Of course, it never hurts to have a guiltier than hell son of a bitch as your client.
Brett Kimberlin became a jailhouse lawyer while in jail for the bombings. By his own account, he filed more than 100 lawsuits. He sued to have access to an electric guitar in prison. (Electric guitars have metal strings. He lost the suit.) He sued the board which establishes parole dates. He claimed to have written court documents for fellow inmates. He was parole from prison in 1993 after serving 13 years of a consolidated 50 year sentence, but was returned for another 4 years in 1997 after he violated the terms of his parole by failing to make payments against the 1.6 million dollar judgment Sandra DeLong obtained against him for the wrongful death of her husband Carl.
Kimberlin today operates two non-profits and quite apparently lives very comfortably as a result, even though he claims a poverty level income and to own no assets. The Justice Through Music Project, at least in theory, uses music to encourage young people to vote. The Velvet Revolution doesn’t like, among other thing, electronic voting machines and the Diebold Corporation. Both are involved in a mish-mash of the usual lefty causes.Apparently Kimberlin sees the need to avail himself of the last refuge of the scoundrel. We’ll have more to say about the pleasant economics of leftism for Brett Kimberlin in a subsequent post in this series.
Lately, he has turned his attention to bloggers who write about him. The first target was a liberal blogger and fairly hapless sort named Seth Allen. Allen’s saga at the hands of Kimberlin and his various buddies was described by Stacy McCain at The Other McCain.
A good place to start the story is on Dec. 11, 2009, when Seth Allen published a blog post titled, “Brad Friedman and Fake News Making News.” Please click that link and read it carefully, because Seth Allen recognized something very important: Brett Kimberlin’s 501(c)4 group Velvet Revolution (VR) was fundamentally a scam.
McCain quotes Allen’s piece on Kimberlin as follows:
Brett Kimberlin Productions has an interesting business model. They basically attempt to inspire donations through offers of substantial rewards for whistleblowers from tips leading to arrests and convictions for fraud. I’ve yet to see one example where this has ever led to such a result. A few years ago they were offering $250,000 for tips leading to an election fraud conviction. That type of spiel has garnered money from philanthropist Lori Grace, heiress to the Oliver Grace fortune. . . . We can see how the conspiracy chatter has filtered on down throughout the “progressive” blogosphere, despite there being zero evidence of any merit to the allegations.
Later on the same blog post, McCain cites to a blog post written by the late Andrew Breitbart’s associate Mandy Nagy concerning the twisted relationship between Kimberlin and his new-found friends on the left, and notes Kimberlin’s threats made to L.A. County Deputy District Attorney Patrick Frey, who blogs under the handle of Patterico:
On Oct. 11, 2010, Breitbart published Mandy “Liberty Chick” Nagy’s 3,600-word exposé of Kimberlin’s criminal background, “Progressives Embrace Convicted Terrorist.”
To this day, nearly three years later, Mandy’s article remains the definitive resource for anyone wanting to learn about Kimberlin’s criminal history, and that article was like tipping over the first domino. When Patterico published his own post about Kimberlin, Kimberlin responded with an e-mail threatening to sue Patterico:
- Please take this email as an intent to sue you for your Oct 11, 2010 post on Patterico.com which has defamed and libeled me. I have just sued Socrates on which you rely for cyber stalking, defamation, libel, violation of privacy and interference with business. Socrates has been banned from many sites and forums for stalking many people including me. He is under criminal investigation for cyber bullying and cyber stalking. By corresponding with him and relying on his defamatory posts, you are conspiring with him and are just as liable as he.
McCain quotes another email to Frey from Kimberlin that includes this statement:
- I have no beef with you and I never even heard of you or your blog until today when I got the Google alert. I don’t want to get into a pissing match with you. I have filed over a hundred lawsuits and another one will be no sweat for me.
Allen, Nagy, Frey and the web company owned by Breitbart were all sued by Kimberlin. Allen lost his case by default, in a case where some have claimed that Kimberlin falsified service of process. Nagy, despite her stroke, continues to be a target of his lawfare campaign. Dirtbags just gotta dirtbag, we guess.
When Kimberlin sued John Hoge, McCain and Ali Akbar he failed to convince the judge that there was a reason to continue the trial after resting his case.
The end result was that Kimberlin lost spectacularly. It didn’t even go through a full trial. Kimberlin presented his evidence, and the judge ruled against him on the spot (i.e., without the other side having to go through its whole argument). As Ken “Popehat” White explains:
- After the close of Kimberlin’s day of “evidence,” the judge granted a motion for a directed verdict against him. Under Maryland law, that means the judge necessary found “a total failure of legally sufficient evidence to prove” Kimberlin’s remaining defamation claim. The judge didn’t just find Kimberlin’s evidence unpersuasive; he effectively found it irrelevant.
Kimberlin may have made some strategic errors that day, for instance insisting that his teenage daughter testify about the pedophilia issue. But journalist David Weigel was at the trial, and in his Daily Beast article “The Weirdest Story About a Conservative Obsession, a Convicted Bomber, and Taylor Swift You Have Ever Read” he pointed out the single moment when Kimberlin made the greatest blunder of his lawfare campaign- he asked Walker the wrong question:
“You called me a pedophile,” said Kimberlin. “I’m going to let you tell the jury why you think that’s true.”
Walker obliged. He cited a story from a 1995 biography of Kimberlin, about a girl who “was ten years old when you came into her life,” and he added that Kimberlin once wrote songs “about adults having sex with teenagers.” He quoted from criminal charges filed (later dropped) by Kimberlin’s wife, accusing her husband of seducing her as a teenager. Walker’s co-defendants—engineer/blogger W.J.J. Hoge, reporter/blogger Robert Stacy McCain, and conservative strategist Ali Akbar—looked at each other in blissful disbelief.
Weigel quoted a clearly enraged Kimberlin after the dismissal:
And now I know what I need to do. It’s going to be endless lawsuits for the rest of their lives. And that’s what it ends up being. I sue them. They sue me. They come into court. I sue them. They come into court. That’s the way it is.
The Current Cases
John Hoge recently itemized at Hogewash the cases which are currently active Kimberlin lawfare. Here’s a summary of where they stand.
Kimberlin v. Walker, et al. was filed in the Circuit Court for Montgomery County, Maryland by The Dread Pro-Se Kimberlin on 30 August, 2013, This case is described above and previously in this series. Kimberlin has appealed the ruling against him in the case to the Maryland Court of Special Appeals.
Kimberlin v. National Bloggers Club, et al. Filed in U. S. District Court on 15 October, 2013, initially against 21 defendents. This case saw Brett claiming a hodge-podge of federal law and Maryland state law claims. His second amended complaint added three more defendants. Four of the defendants settled with TDPK during the course of the case and were dismissed from the action. On 17 March, 2015, all but one of the federal claims against one defendant: Patrick Frey, were dismissed with prejudice, meaning that they cannot be refiled. The state law claims were dismissed without prejudice, meaning that could be refiled in the Maryland courts. The remaining federal claim is still (barely) alive and is now called Kimberlin v. Frey. Kimberlin tried to appeal the dismissal of the federal claims to the Fourth Circuit Court of Appeals. His appeal was dismissed. He has refiled the state law claims in the Circuit Court for Montgomery County.
Kimberlin v. Frey relates to Patrick Frey and his position as a Los Angeles County Deputy District Attorney. As noted, Frey blogs as Patterico, but has always asserted that he blogs as a private individual. The same is true of the few media interviews he gave about the swatting incident at his home. A tiny bit from a response in the case filed by his attorney:
Kimberlin has made a tremendous effort through discovery in Kimberlin v. Frey to learn the identity of the pseudonymous conservative blogger Ace, who blogs at Ace of SpadesHQ.
The day before almost all of the Kimberlin v. National Bloggers Club was dismissed, Kimberlin filed Kimberlin v. Hutton & Williams LLC, et al. which names John Hoge among the 19 defendants.
Hunton & Williams LLP employs 800 lawyers.
John Hoge also reports:
Earlier this year, Kimberlin also filed a peace order petition against me. The petition was denied by the District Court. He appealed, and it was denied again by the Circuit Court. Acting through his wife, a criminal charge was filed for alleged online harassment of a minor child. The charges were dropped for lack of evidence. This was the second time he had tried to bring a false criminal charge against me. He filed a harassment charge in 2013 that was dismiss and expunged before I could even be served.
It [the suit] is against Brett Kimberlin and his wife Tetyana. The purpose of this suit is to do two things: 1) shut down by injunction Brett Kimberlin’s lawfare machine against me (including when he uses his wife to carry it out), and 2) obtain compensation for his systematic abuse of the civil and criminal process.
The post on Walker’s blog is titled “Punching Back Twice as Hard.” That appears to be the plan for many of those who have been involved in Brett Kimberlin’s lawsuits over the last few years. John Hoge has noted that “more consequences are in the pipeline.”
Brett Kimberlin has been singularly inept in his lawfare. He’s lost everything he’s filed against me. Indeed, his biggest mistake may have been suing a pigheaded semi-retired guy with the time and resources to fight back pro se to pro se. –John Hoge, 9/1/15
You mess with the bulls, Brett, sooner or later you are going to get the horns. Just sayin’.
Later Today: “Part III & 1/2 – The Timeline” The series tries to sort out the confusing events of Brett Kimberlin’s life and times by putting them, with a little added snark, in a timeline.
Please Note: As you know, all individuals are innocent until proven guilty. This series of blog posts is written for the purpose of educating and informing the public about Brett Coleman Kimberlin, a public figure who has committed heinous crimes and done other despicable acts over the course of his lifetime. The series is based upon media reports from the time of Kimberlin’s arrest and conviction for the Speedway Bombings, his authorized biography “Citizen K” by Mark Singer, his various prosecutions and convictions over the years, and the civil lawsuits he has been involved in, both as plaintiff and defendant. We’ve been as careful as possible to be accurate, but if there are errors, let us know (even you, Brett) and we’ll correct them promptly. When a fact is in question, we will cite sources, and link them when possible. – Dave Alexander and David Edgren
Other posts on this blog about Brett Kimberlin: