Patterico's Pontifications

7/29/2017

Techdirt on My Legal Victory Against Convicted Bomber Brett Kimberlin

Filed under: General — Patterico @ 2:52 pm

At TechDirt, Tim Cushing has this report regarding my recent court victory against convicted bomber and perjurer Brett Kimberlin:

This should have been a simple anti-SLAPP case. Should have. Wasn’t. (Part of it is Maryland’s weak take on anti-SLAPP.) It took four years to resolve and tons of pro bono hours. Kimberlin claimed he had been defamed by Frey’s post, which was based on four news sources and covered his conviction for bombing and his rise to dubious fame as Dan Quayle’s pot dealer (back when Quayle was still VP/relevant).

Kimberlin has a long history of abusive, vexatious lawsuits — all of them filed with the intent of shutting down criticism. His defamation claim was just the tip of iceberg. In his legal threat (all the way back in 2010), Kimberlin claimed a variety of injuries from Frey’s post, accusing him of cyberstalking, cyberbullying, and “interference with business.”

He also said this:

I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money and for what.

So… basically announcing up front he sued people to harass them into silence. There’s a long write-up from a couple of years back at The Daily Beast that delves into Kimberlin’s litigious (and criminal) history — one that includes filing a RICO suit against political commentators and his alleged involvement in the SWATting of defendant Patrick Frey.

It’s all over now but the appeals process. Free speech was ably defended by two great lawyers working for free. (You’ll probably recognize Ron Coleman as the counsel in the recent Supreme Court Tam decision, which declared the trademark’s board refusal to recognize “disparaging” marks was a violation of the First Amendment.)

More at the link, including links to other posts.

In the original version of the piece, Cushing had a lazy but all-too-common “both sides are at fault!” paragraph, but has since issued a clarification of sorts after being contacted by Aaron Walker. The clarification pretty much negates all of the criticism included in the original paragraph. Indeed, I have never publicly accused Brett Kimberlin of complicity in my SWATting. I set forth the facts regarding his years-long harassment of me and allowed people to draw their own conclusions.

I wonder if it has occurred to Kimberlin that the handful of posts I wrote about him in 2010 would have quickly become ancient and forgotten history had he not launched into a campaign of harassment against me and other critics of his. The “punch back twice as hard” style of combat is praised by many hard partisans, but it’s actually a foolish maneuver. Sure, Kimberlin has caused many people to take down their criticism of him. But, as Cushing notes, not all of the criticism of Brett Kimberlin has been scrubbed from the Internet, notwithstanding his best efforts to make that happen. My criticism remains. And many of the articles written by other bloggers that were pulled down as a concession to Kimberlin in a settlement agreement never would have been written to begin with, had he simply left me alone.

I doubt he has learned anything from this process.

In any event, I grew bored with Kimberlin years ago, but retain the right to say truthful things about him. I wouldn’t be writing about him today if he hadn’t sued me and lost.

Kimberlin’s first email to me said (among other things):

Let me assure you that you are not the first blog that has posted lies about me, yet each of them has removed the offending posts once I alerted them to the facts about Socrates and his spreading of lies.

I told the truth. Brett Kimberlin was convicted of setting off several bombs, one of which blew off a Vietnam veteran’s leg, contributing to the man’s suicide. His conviction has never been reversed and stands today. He was held liable for the man’s death in civil court — and has, as far as I know, not paid a penny of the over million-dollar judgment against him. Based on his record of violence and what is publicly known about him, I consider him to be evil.

I still retain the right to say all those things, which are true. I will not surrender that right, even if others have.

Thanks to Techdirt and Cushing for publicizing this result, when so many others have let it pass without mention.

[Cross-posted at The Jury Talks Back.]

47 Responses to “Techdirt on My Legal Victory Against Convicted Bomber Brett Kimberlin”

  1. Ding.

    Patterico (115b1f)

  2. Maybe he should try being a nicer person just as an experiment to see if he’s happier that way.

    You never know it could really turn out to be a fun change-up!

    happyfeet (28a91b)

  3. Great article. And good point in the post. Barbara Streisand is sagely nodding her head somewhere.

    Dustin (ba94b2)

  4. Naive question, but how can someone get away without paying a legal judgment against them for decades?

    Doesn’t the court enforce its judgment at some point?

    Dave (445e97)

  5. Ask O.J.

    Kevin M (752a26)

  6. Another item in the “Illegal alien, released in sanctuary, commits major crime” file

    http://www.kgw.com/news/woman-65-in-ne-portland-reports-sex-assault-break-in-and-car-burglary/459231264

    Kevin M (752a26)

  7. Does Kimberlin still have people willing to fund his music therapy gig? It’s hard to imagine that anyone would want to have anything to do with him, but we’ve long seen that holding radical left views is an attraction for a certain sort of weak-minded guilt-ridden millionaire.

    JVW (42615e)

  8. Doesn’t the court enforce its judgment at some point?

    he may not have wages to garnish

    happyfeet (28a91b)

  9. Barbara Streisand is sagely nodding her head somewhere.

    wasn’t babsy pickles one of the funders of his little music charity thing

    she’s a very strange woman

    she was a thing in the 60s though i heard

    happyfeet (28a91b)

  10. also i heard she really likes pancakes!

    if i ever have to spend time with her and I can’t get out of it I’m a take her out for pancakes

    happyfeet (28a91b)

  11. When you first began to write about Kimberlin, I believed he was a bad guy, but I think I was bored of him right away. I think you are perfectly right that if he’d had any sense to substitute for hubris, interest in him would have winked out quickly and long ago. Yet his actions changed things. Time and a fuller understanding of the damage he’s done to people has had the exactly opposite effect on me. I’m not alone.

    You’ve more right to have wearied of this vexatious pipsqueak than anyone,. But he wont ever outrun now,what he is and what he’s done, and he can thank himself for that….or is that nemesis chasing behind him? Hang his politics, (and hang politics in general is where I am right now.) Who cares about that? He has hurts good people with lies and intimidation, and violence if it suited him. No one will deal with him again without fair warning and open eyes.

    Sarah (3164f0)

  12. Forgot my W

    SarahW (3164f0)

  13. Does Kimberlin still have people willing to fund his music therapy gig? It’s hard to imagine that anyone would want to have anything to do with him, but we’ve long seen that holding radical left views is an attraction for a certain sort of weak-minded guilt-ridden millionaire.

    Justice Through Music still seems to be raking in the cash. Lawsuit settlements don’t hurt. Justice Through Music’s 2015 Form 990 shows a revenue entry titled “Settlement in Lawsuit” in the amount of $21,668. Gross receipts of $395,176.

    Patterico (115b1f)

  14. I wonder who the freak gave him money.

    SarahW (3164f0)

  15. Many settled. Franklin Center, Ace, RedState…I forget who else. All settlement details are confidential, so we may never know.

    Patterico (115b1f)

  16. JVW, there are lots of rich folks who quietly shovel money that is pocket change for them to their pet causes.

    Some are harmless (cat sanctuaries and so on) and some are decidedly not, but they’re usually how local rabble rousers like this and global ones like the revolving door of Middle East insurgents stay afloat while appearing to have no money.

    In this case id guess he’s charmed some ageing lefties who were hippies in college then made a bunch of money to relive their youth by bankrolling his nonsense on the quiet.

    Bob (0f6b72)

  17. “So… basically announcing up front he sued people to harass them into silence.”

    Never thought about it before but BK actually did s bit of pro bono work for you too.

    harkin (54860c)

  18. Seems to be mostly reprinting raw story pieces in clouding that eminence grid Henry rollins

    narciso (d1f714)

  19. Never thought about it before but BK actually did s bit of pro bono work for you too.

    I don’t follow, harkin.

    Patterico (115b1f)

  20. Its an adequate piece, but it doesnt fully convey what is known about him.

    narciso (d1f714)

  21. Patterico,

    always glad to see you defeat the forces of evil and get your message spread to a larger audience.

    I’m guessing that’s all that Harkin means. This piece of filth gave you more notoriety by being defeated by you for speaking the truth about him.

    NJRob (7f4bec)

  22. Pooter!!!! KEEP ON STROKING THAT KIMBERLIN deal!!! POOTER!!! POOTER IS AL BUNDY!!!!
    Yay POOOOOOTER!!!!! NEVER TRUMP POOOOOOOOTER!!!! HURRAY!! Remember when BIG SHOT POOOOOOOOOTER, stood up to KIMBERLIN!!!!!!

    Have a nice life chump.

    GUS (30b6bd)

  23. One notes how techdirt was reluctant to really point out any endeavor Voldemort was a part of.

    narciso (d1f714)

  24. 20 – I guess a clumsy attempt to say he provided a legal service to you by admitting the intent of his suit was to impede your right to free speech.

    harkin (97d6f1)

  25. i got you at first blush Mr. harkin

    i guess though it must not have helped

    happyfeet (28a91b)

  26. Clarice Feldman believes Dick Armitage is a liar, except….

    http://illinoispaytoplay.com/2013/11/18/clarice-feldman-believes-dick-armitage-is-a-liar-except/

    Truthbetold (1ab5c1)

  27. Always nice to hear from you, GUS.

    Patterico (115b1f)

  28. GUS is a worthy representation of a Horrible Deplorable.

    Ben burn (77b6c4)

  29. You know, it always bothered me a little to have people like GUS on “my” side.

    One nice thing about Trump: people like GUS no longer are on my side.

    That feels more right.

    Patterico (115b1f)

  30. Richard Perle feeds American Thinker editor Thomas Lifson

    http://illinoispaytoplay.com/2014/02/28/richard-perle-feeds-american-thinker-editor-thomas-lifson/

    Truthbetold (1ab5c1)

  31. Gus is blunt, lets,put it this way we know who actually went after you and your family, and he is not anyone currently on this board.

    narciso (d75592)

  32. Have some respect truthbetold. This ain’t off topic Trumplandia. Go back to JoM or stay on topic.

    Ben burn (77b6c4)

  33. Ernie souchak up above has served a similar function with my friend clarice. You du
    Ind,fusion gps serves the Russians Moloch minions the Venezuelans a real life wolfran and hart

    narciso (d75592)

  34. I bet if Mr. GUS saw you struggling cause you were trying to carry a watermelon and too many grocery bags at the same time and your keys were in the wrong pocket and you were standing there in the parking lot staring at your trunk going fml he’d be all omigosh (I’m dead certain he’d say omigosh) can i help here let me hold that watermelon for you then he’d smile a smile at you what showed an improbable number of teeth

    but lickety-split your groceries and your watermelon would be stowed away for the trip home

    and that’s a good feeling to have

    happyfeet (28a91b)

  35. “but lickety-split your groceries and your watermelon would be stowed away for the trip home..”

    Then suddenly you discover your wallet is gone and the dog’s pregnant..

    Ben burn (77b6c4)

  36. Ben burn

    Is Gus the subject you want commenters to stick to?

    Truthbetold (1ab5c1)

  37. Congratulations. I hope this sick criminal moves on….where he can bother no one.

    “Music for Justice”? Sheesh.

    Patricia (5fc097)

  38. Patterico,

    any chance the newest victims of the bomber can sue him now for trying to ruin their lives? Hypothetically speaking, of course.

    NJRob (7f4bec)

  39. Yes,what are the avenues for redress, I call him voldemort, because one can scarcely say his name. There was a,CNN profile (Yes near with me) of monzer al kassar, the Syrian arms smuggler, he found out the birth of the lead dea agent’s daughter and notified within hours.

    narciso (f470c0)

  40. Rob Lowe Is Searching for Ghosts With His Sons on A&E, Part of Its Switch to an All-Reality Lineup

    his sons look like they had the same mama

    yeah i’m talking to you scarmucci

    happyfeet (28a91b)

  41. any chance the newest victims of the bomber can sue him now for trying to ruin their lives? Hypothetically speaking, of course.

    I’m not a big believer in civil court. It’s a terrible way to try to get justice.

    I think what he has done to his own life, while it is not justice for everything he has done, is going to have to suffice. Speech is usually the best remedy. Shining the light of truth on this cockroach hurts him more than anything.

    I think William Hoge has some kind of lawsuit or another against a bunch of these people going to trial next month. I have no idea what it’s about.

    Patterico (115b1f)

  42. civil court is state-sanctioned rape as a process

    i just never wanna go anywhere near that again

    it’s based on this wholly academic idea that paying people who don’t actually have a case to just go away is a superlative form of justice

    n-word please

    happyfeet (28a91b)

  43. Happy to see this outcome. Kudos to you and your attorneys for the sustained effort. Re Kimberlin, we all stand forewarned once again.

    Tim McGarry (be9b88)

  44. Our host wrote (#42):

    I’m not a big believer in civil court. It’s a terrible way to try to get justice.

    The civil justice system can sometimes work reasonably well for those with resources suing others with resources. It’s rarely quick and almost never cheap. Like small-d democracy, it’s another of those least-worst systems we’ve come up with.

    A big part of my day-job includes helping clients — who are mostly less sophisticated and realistic than our host — come to the same sad realizations that he has about that system and its limitations.

    Kimberlin’s life, like O.J.’s, now takes place in a tiny slice of reality occupied by the notorious-but-judgment-proof, the boundaries of which are defined by federal bankruptcy laws and state homestead exemptions. That is slim consolation to the Goldmans or to the Freys, nor to many other similar victims. But I hope it’s some consolation.

    That such people can nevertheless exist and interact in our civil society is a damned shame, but I’ve never heard a proposed cure that isn’t worse than this disease.

    Beldar (fa637a)

  45. Well done. If only everyone stood up like that.

    WarrenPeese (ce3c8b)

  46. “The civil justice system can sometimes work reasonably well for those with resources suing others with resources.”

    – Beldar

    It can also work great for someone without resources suing others with resources. Not all civil justice is billed by the hour.

    Leviticus (efada1)


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