Patterico's Pontifications

9/8/2017

Convicted Bomber and Perjurer Brett Kimberlin Loses, Yet Again

Filed under: General — Patterico @ 8:14 pm

Is he getting tired of the winning? John Hoge at Hogewash reports:

The Court of Special Appeals has ruled in the appeal of the Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit. The defendants win. Brett Kimberlin loses.

Hoge has the full opinion at his post.

A little background by way of explanation. Kimberlin filed suit in federal court in October 2013 and chose as his opponent, the world.

The suit alleged many state-law claims along with federal claims. The court dismissed all the federal claims, except one: a section 1983 claim which the judge for some reason or another allowed to go to discovery against your humble blogger. (This is the portion of the lawsuit as to which I obtained summary judgment several weeks ago, when the judge found that there was no evidence that my motive was anything other than trying to find the people who had SWATted myself and my family.) The judge also dismissed the state law claims, but allowed Kimberlin to refile them in state court. This is the suit that Hoge calls the “Kimberlin v. National Bloggers Club, et al. (II) RICO Remnant LOLsuit.” Kimberlin never bothered to properly serve me in that action, and voluntarily dismissed me in an agreement which said he could refile against me if he prevailed in his appeal as to all defendants.

That is the appeal that he lost today. So this ruling solidifies the dismissal of the state law claims as to myself.

One other tidbit. Four days ago John Hoge reported:

TDPK [Kimberlin] then filed an appeal with the Maryland Court of Special Appeals naming the following appellees: the National Bloggers Club, Breitbart News Network, DB Capitol Strategies, Dan Backer, Patrick Frey, Lee Stranahan, Ali Akbar, Aaron Walker, and me.

Hmmm. I had been dismissed from the suit, and was never given notice of this appeal — yet Kimberlin named me as an appellee! (I never lifted a finger in the appeal, for what it’s worth.) But it gets . . . worse:

So TDPK appears to be appealing his own voluntary dismissal of the National Bloggers Club, Ali Akbar, Patrick Frey, and Mandy Nagy. Mandy Nagy will probably never sufficiently recover from her stroke to be able to participate in her own defense. Continuing to go after her, especially after dismissing her from the case, strikes me as particularly despicable.

Despicable indeed.

For what it’s worth, William Jacobson had a post just three days ago about Mandy, on the third anniversary of her stroke. It appears she will never be the same person I once knew. Bill quotes Mandy’s mom as saying:

She cannot form words except for no, hi, okay and a few other words. She can’t read and doesn’t understand things she should.

People she should know, she doesn’t unless I show her a picture of them. She doesn’t understand instructions. I gave her a brush to use in the shower and she didn’t know what it was or what to do with it. Even after I showed her how to use it, she just stared at it confused.

So, this is where we are. It is a sad situation but she is comfortable and hopefully content. It’s not a very good life, but it is life.

I used to talk to Mandy every few days as I drove home from work. We would talk about the crazy things that the people out to make our lives miserable were doing. “Oh, God!” she would sigh, and you could hear the tired smile in her voice. She was always a smart voice of complete and reliable sanity, in a situation where the events — and many of the people — were anything but sane.

I miss her. I wish I felt like she was a winner today.

I know she would be happy if she could understand how badly Brett Kimberlin just lost.

Somehow it’s not enough.

Sorry to end on a down note. It is what it is.

[Cross-posted at The Jury Talks Back.]

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.]

7/25/2017

Some Great Blog Posts About My Court Victory Over Convicted Bomber Brett Kimberlin

Filed under: General — Patterico @ 7:58 am

I wanted to take a moment to thank a few people who took time out of their schedule to post about my court victory over convicted bomber and perjurer Brett Kimberlin.

WJJ Hoge, as always, had the news early on and provided the documents. His post noted a curious silence about the summary judgment at the Kimberlin propaganda site Breitbart Unmasked — a silence that appears to continue today. Hoge also today publishes a list of Kimberlin’s court losses, here.

William Jacobson at Legal Insurrection reminds us that one of Brett Kimberlin’s targets was Mandy Nagy, who suffered a horrible stroke from which it appears she may never fully recover. As difficult as this experience was, talking to Mandy about it regularly was one of the things that made it bearable. I miss our conversations.

Ron Coleman had his own interesting writeup about the affair. He has a particularly fascinating (and distressing) story about how people tried to “help with” (read: take over) the Slants case once it was clearly headed for a high-profile victory . . . yet when he was looking for pro bono local counsel in Maryland on this case, the sound of crickets was loud indeed — until my hero Bruce Godfrey came along.

Scott Greenfield expands on Ron’s observations, and reminds us that while some free speech causes seem to motivate the public into action, others (like mine) become largely ignored. The job is then left to stalwarts like Ron Coleman of Archer & Greiner and the Likelihood of Confusion blog, and Bruce Godfrey of Jezic & Moyse LLC, to step in and defend free speech.

Eric Turkewitz also gives a tip of his hat to Coleman and Godfrey. I think it’s worth noting that I am not a political kindred spirit of Greenfield or Turkewitz — but as Turkewitz says: “[T]hat is not the point. The First Amendment doesn’t belong to the right or the left, it belongs to all of us. When the rights of one are curtailed then the rights of all of us are.”

Robert Stacy McCain had this post, which reminds the reader that he and several other Kimberlin critics were SWATting targets. Stacy’s perpetrator was caught. The perpetrators of most of the others have not.

If I have missed any posts, let me know. Thanks to those who took the time to write about this, or to leave a comment, or send an email of congratulations. And again, thanks to people like commenters Dianna and Dustin and others (you know who you are) who have stood by my side for years while this unfolded. Folks like you made it easy to keep slogging forward when it seemed like the rest of the world had forgotten.

[Cross-posted at The Jury Talks Back.]

7/24/2017

Victory over Brett Kimberlin: Summary Judgment Granted Against Convicted Bomber and Perjurer

Filed under: General — Patterico @ 7:51 am

Free speech has won.

After nearly four years, convicted bomber and perjurer Brett Kimberlin has lost his lawsuit against your favorite blogger (that’s me!). Federal District Judge George Hazel today issued an opinion granting me summary judgment in Kimberlin’s frivolous and censorious lawsuit against me.

It is a total and complete victory. There will be no trial. I will pay nothing. I will take down no blog posts about Kimberlin. The lawsuit is simply over. (Of course, he’ll appeal. He always appeals.)

My deepest thanks go to my pro bono counsel: Ron Coleman of Archer & Greiner and the Likelihood of Confusion blog, and Bruce Godfrey of Jezic & Moyse LLC.

I can’t say enough about these guys. They stood by me at all times, working for no pay — all for the righteous cause of defending free speech. Ron Coleman juggled this case with his internationally known pro bono case for the Slants, which resulted in total victory and a landmark opinion for free speech. In addition to his fine legal work with Ron on the briefs, Bruce Godfrey dealt with a prickly and difficult client (that’s me!) on discovery issues, and spent countless hours cataloguing, redacting, and organizing the voluminous discovery — not to mention dealing with the court and Kimberlin, and navigating me and Ron through the Maryland legal world.

(In an unrelated note: If anybody knows Jennifer Lawrence, contact me at patterico@gmail.com. Inside joke. But seriously, write me if you know her.)

These guys also work for pay. You should hire them.

I would be remiss if I did not mention as well the efforts of Kenneth P. White of Brown White & Osborn LLP and the essential Popehat blog. Ken not only provided strategic advice and endured dozens (hundreds?) of emails about the case, but he and Ron also handled the frivolous lawsuit against me by Nadia Naffe — another total victory where I paid nothing and retracted nothing I had said. The Naffe case was cited by Judge Hazel in today’s decision, and provided an important precedent for free speech by prosecutors and other government employees.

Thanks to my readers for sticking with me through all of this, and for the support I have received from so many of you.

It’s a good day for free speech.

[Cross-posted at The Jury Talks Back.]

3/18/2017

Yes, I Have Seen the Story About Brett Kimberlin

Filed under: General — Patterico @ 11:42 am

Many, many many people have asked me if I have seen this story, so I think I’ll post it. (As some of you know, I’m still in litigation with him. Yes, still.) There’s much more to the story than what I quote here, so read the whole thing; this is just a teaser.

The piece revolves around the efforts of a fellow named Yoni Ariel to get leftists or Big Media (but I repeat myself) interested in an anti-Trump story that turns out to be based on documents that several media organizations have concluded were forged. The story, at BuzzFeed, is titled The 1.6 Billion Dollar Hoax. The involvement of Jason Leopold as a contributor to the story makes me wary, so caveat lector. Brett Kimberlin makes his appearance here:

Ariel, intrigued, decided he would need help paying for trips to Rome to acquire the documents and also with authenticating them. A string of contacts, including the chairman of Democrats Abroad France, and a former Democratic National Committee operative in Washington, DC, eventually led Ariel to Brett Kimberlin, a left-wing political activist who is also notorious as a felon convicted of setting off bombs in the American heartland.

A string of contacts eventually led Ariel to Brett Kimberlin, a left-wing political activist who is also notorious as a felon convicted of setting off bombs in the American heartland.

In September 1978 a series of homemade explosive devices blew up in Speedway, Indiana, including one that maimed a Vietnam veteran who later fell into a deep depression and killed himself.

Kimberlin was convicted of planting all of them and spent a total of 17 years in federal prison for that and other crimes, including drug conspiracy and impersonating a federal officer.

In 1988, while still behind bars, he famously claimed that he sold marijuana to a young Dan Quayle when the vice presidential candidate was a law student in Kimberlin’s hometown.

Kimberlin’s story and his claims that powerful people in Washington, DC, were silencing him won over New Yorker writer Mark Singer, who penned a sympathetic profile. But four years later, when Singer turned that article into the book Citizen K: The Deeply Weird American Journey of Brett Kimberlin, the author concluded that Kimberlin’s story about Quayle was a lie.

Kimberlin appears to have had lots of cash to use to fly this Ariel fella around from place to place:

Ariel recalled that he contacted Kimberlin, who then arranged for him to travel to Washington. Ariel had been sounding alarm bells about Russia’s meddling in the presidential campaign so, he said, Kimberlin wanted him to meet people on Capitol Hill. Kimberlin covered the cost of the trip, according to Ariel.

Ariel had not yet seen the documents at that time, but what he did know about them seemed like exactly the sort of thing Kimberlin was interested in digging up. When told about them, Kimberlin quickly agreed to finance Ariel’s efforts to acquire them, according to Ariel and two people with knowledge of the arrangement.

Kimberlin ultimately covered the costs for Ariel to travel to Rome three times, Ariel said. On the first trip, just before Christmas, Pasetti showed him portions of the documents; on the second trip, a price was negotiated; and on the last one Ariel actually purchased the documents. The $9,000 payment was also covered by Kimberlin, according to Ariel and the two people familiar with the arrangement.

Reached Sunday evening at his home in Maryland, Kimberlin declined to discuss the documents or his relationship with Ariel.

“I don’t want to be part of this story. It has nothing to do with me. I have nothing to say,” Kimberlin said.

So there you have it.

[Cross-posted at The Jury Talks Back.]

6/3/2016

Brett Kimberlin’s Case Against Mitch McConnell and Charles Grassley Unceremoniously Dismissed

Filed under: General — Patterico @ 8:28 pm

Details at Hogewash.

4/18/2015

Kimberlin Unmasked’s Cartoon and Ron Coleman’s New Firm

Filed under: General — Patterico @ 8:40 pm

There’s a fellow on the Internet calling himself Kimberlin Unmasked who is no fan of Brett Kimberlin. He renders the diminutive convicted bomber and perjurer as a snarling chihuahua. Anyway, he took some actual language from Brett Kimberlin’s frivolous and censorious complaint against me, incorporated a couple of lines from Ron Coleman’s answer, and put the whole thing in cartoon form, using my Simpsons avatar to represent me and the chihuahua to represent the bomber/perjurer. The result is, I submit, pretty funny:

Screen Shot 2015-04-18 at 2.58.46 PM

Note well that the funny parts of that cartoon, though they appear to be coming from my avatar, were all written by Ron Coleman.

It should be noted, I think, that Ron Coleman happens to be an authority on how to prepare responses to complaints in federal civil litigation. As noted here, Ron is one of the authors of Chapter 6 of the first edition of West’s Business and Commercial Litigation in the Federal Courts.

Ron also recently joined the firm of Archer & Greiner as a partner.

Archer & Greiner is pleased to announce that Ronald D. Coleman has joined the firm as a Partner, increasing the firm’s depth of experience in its established Intellectual Property practice. Mr. Coleman is a commercial litigator who focuses his practice on copyright, trademark and unfair competition.

Congratulations to Ron. Do me a favor and visit the announcement to read up on his career move, and/or go thank him on Twitter for what he has done for me, for Mandy Nagy, and for Ace of Spades. If you could hit up Archer and Greiner in the Twitter feed that would be fantastic as well.

I don’t talk about this frivolous lawsuit much, because a) I’m bored with it and b) it’s not generally wise to flap one’s gums about a lawsuit. However, the existence of the lawsuit will never stop me from noting, when appropriate, that Brett Kimberlin is a convicted bomber and perjurer who blew the leg off of a Vietnam vet and squirreled out of paying a lawful judgment.

Brett Kimberlin is, in my constitutionally protected opinion, an evil man. I think there are fewer and fewer people willing to say this, because I think he has successfully intimidated some people. That said, far more people know about his evil background now than would have known about it had he not embarked on his campaign to silence me and other critics of his. He sowed the wind, and is reaping the whirlwind of the Streisand effect. That’s not my fault. It’s his.

Brett Kimberlin has not intimidated me, and he has not intimidated Ron. Ron has stood by us at considerable risk and has gone above and beyond in countless ways, for years. He has my undying appreciation, and I hope he has yours as well.

3/30/2015

Did Hillary Clinton Employ a Private Intelligence Gatherer Who Has Promoted Brett Kimberlin?

Filed under: General — Patterico @ 1:36 pm

At the Weekly Standard, Mark Hemingway has a piece titled: Meet the Men Behind Hillary Clinton’s Private ‘Spy Network’.

Two big Clinton stories landed last week. The first is that Hillary Clinton destroyed the electronic copies of her State Department emails on her private server after the State Department subpoenaed her emails. The second is that Hillary Clinton had an aide running a “secret spy network” that was, among other things, feeding her information on Benghazi, according to a report by Pro Publica and Gawker. Earlier this month, I noted the myriad ways that Clinton running her own private email server breathes new life into the Benghazi investigation, but this last revelation takes things to a whole new level.

Specifically, this new report suggests that three men — Sidney Blumenthal, Tyler Drumhiller, and Cody Shearer — were involved in her private intelligence gathering efforts. Each of these men has a reputation for being associated with scandal.

Regarding Shearer, Hemingway says:

And two, Slate also notes that “it was Shearer who, during the 1992 presidential campaign, introduced the world–through the unlikely medium of Doonesbury–to Brett Kimberlin. Kimberlin, you may recall, was the convicted bomber, habitual liar, and all-around sociopath who claimed to have sold drugs to Dan Quayle. Was Shearer acting on behalf of the legendary Clinton ‘opposition research’ outfit, which had floated damaging rumors during the ’92 primaries about Paul Tsongas’ health and Jerry Brown’s drug use? Or was he just an enthusiastic free-lancer?” In recent years, Kimberlin has been involved in number of frivolous lawsuits aimed at shutting down conservative blogs.

Kimberlin’s Justice Through Music has in the past claimed a relationship with the Hillary Clinton-era State Department:

MAY 24, 2012 – JTMP has been a participant in the State Department’s International Visitor Leadership Programfor 3 years now, where citizens from around the world involved in the arts get to come to America and visit to learn about the role of arts in the US. This year we had visitors that came from Bahrain, Saudi Arabia, Syria, Iraq, Egypt, Jordan and Tunisia to see how Justice Through Music Project uses art to raise awareness on issues, and to bring about social change. This year’s contingent had musicians, playwrights, and people involved in art production. We gave them a presentation and showed them many of our musical art videos that deal with politics and issues, while we spoke about how we operate and produce our art videos. We then showed them how we use this art on our website and YouTube channel to raise awareness on an issue to help bring about positive social change.

It would be interesting to know just how close that relationship was.

12/9/2014

Franklin Center Caves to Brett Kimberlin Lawfare

Filed under: General — Patterico @ 7:41 pm

Cowards.

By all appearances, the Franklin Center has caved to Brett Kimberlin. PACER contains the following docket text from today:

NOTICE of Dismissal with prejudice as to Defendant The Franklin Center by Brett Kimberlin. (aos, Deputy Clerk)

That can mean only one thing: an ignominious settlement. Confirming this suspicion, one notes that this link: http://franklincenterhq.org/5546/holding-political-terrorist-brett-kimberlin-accountable/ now results in a 404 error.

What did they remove? Here’s what these losers took down, via the Wayback Machine. Quotable:

Free speech is why America is free. Those who expose truth need to be protected. Patrick Frey was right: This could have been any of us. It’s our job to fight for free speech and a free press. If the legacy media refuses to tell the truth, we’re obligated to do so.

What a stirring call to action! All hail the courage of the Franklin Center!!!

Except that the post containing that inspiring language has been taken down, to settle an utterly frivolous lawsuit with zero chance of success.

When the going gets tough (not all that tough, really, to be honest), the Franklin Center gets going. And look! there they go!! Slinking right out the door.

When The American Spectator caved to this cretin and removed blog posts that contained zero defamation, Ken White said:

[T]his surrender will, and should, eviscerate its credibility with its target audience and its readers. First, how can it be taken seriously as an institution willing to speak truth to power if it caves to a frivolous lawsuit by a domestic terrorist? Second, how can they be taken seriously as a conservative institution that will question liberals, when they yield to a blatant attempt to abuse the legal system to retaliate against conservative viewpoints?

No. They’re done.

I don’t see why this should not apply with equal force to the Franklin Center. They are a bunch of hypocrites, and they deserve nothing — no donations, no respect, no attention. Just scorn and ridicule.

UPDATE: Also taken down: this post announcing a webinar with Mandy Nagy, Lee Stranahan, and Aaron Walker. The Wayback Machine version is here. (I have saved both Wayback Machine copies in case they disappear in the future.) Thanks to BKWatch for the tip.

(Fun fact: Kimberlin claims in his latest filing that I participated in this webinar — which I most certainly did not do.)

10/25/2014

Ron Coleman’s Motion to Dismiss Frivolous Lawsuit Brought by Convicted Bomber and Perjurer Brett Kimberlin Against Ace of Spades

Filed under: General — Patterico @ 5:53 pm

I don’t think I have mentioned the fact that my pro bono lawyers, Ron Coleman (from Likelihood of Confusion) and Bruce Godfrey of Jezic, Krum, and Moyse, LLC have taken on the defense of Ace of Spades in the frivolous and censorious lawsuit brought by convicted bomber and perjurer Brett Kimberlin.

Ron and Bruce have filed a brief on behalf of Ace, which is embedded below, courtesy of Hogewash.

ECF 212

It is Ron’s usual excellent work. Quotable:

Kimberlin, who has distinguished himself in life by inflicting so much emotional distress on an innocent human being that he killed himself to end the agony, nonetheless claims here that by discussing this, and related facts, on their blogs, defendants have committed a tort for which he is entitled to relief.

Of course, Kimberlin’s infliction of distress on Carl DeLong was accomplished, not by words on a blog, but by setting off a bomb that blew off a man’s leg.

Once again: kudos to Ron and Bruce for being stand-up guys. And to any prospective clients of theirs who might stumble across this post on Google: if these guys do this caliber of work for free, imagine what they’d do if you paid them! (That’s a joke, obviously; the thing that I admire most about Ron and Bruce is the way they work the same for me and Mandy and Ace as they would if we were paying them scads of money.)

UPDATE: Seen on Twitter:

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