Patterico's Pontifications


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.]


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

Filed under: General — Patterico @ 8:28 pm

Details at Hogewash.


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.


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.


Franklin Center Caves to Brett Kimberlin Lawfare

Filed under: General — Patterico @ 7:41 pm


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: 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.)


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:


The American Spectator Removes References to Brett Kimberlin As Part of an Ignominious Settlement

Filed under: General — Patterico @ 6:02 pm

Ken White of Popehat excoriates The American Spectator for settling with Brett Kimberlin and taking down several articles about him:

[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.

Ken has a funny line about Bat-Boy, but if you want to read that, you’ll have to go to his site.


TechDirt on Brett Kimberlin Lawfare

Filed under: General — Patterico @ 7:58 am


Reading Weigel’s account of the trial, you can quickly see why the judge ruled that way. So many of the points raised by Kimberlin clearly had nothing to do with anything coming anywhere near defamation, but rather were focused on “people said mean things online.” . . . . After the ruling, Kimberlin made it clear to Weigel that he wasn’t done, and he intended to keep bringing new legal actions to tie everyone up in court (Kimberlin, in the past has allegedly made similar threats, saying, “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,” in an email to another blogger (who posted the email).

That blogger was me, by the way.

For years we’ve written about various attempts by people to get others to shut up when they say or write unkind things. Our legal system isn’t supposed to allow that sort of thing. Kimberlin’s actions are, once again, a (strong) reminder why we really need a federal anti-SLAPP law that will help get bogus lawsuits designed to stifle constitutionally-protected speech tossed out quickly.



Dave Weigel Covers the Brett Kimberlin Trial

Filed under: General — Patterico @ 10:27 am

Dave Weigel has this lengthy recap of the state trial between Brett Kimberlin and four conservative bloggers. Notable:

“These guys are going to come out today and say I’m a pedophile,” said Kimberlin. “And tomorrow, I can file another lawsuit against them. 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.”

Weigel’s piece has some telling details, but it is far from perfect. I recognize that no story can adequately capture every detail that an involved party might consider relevant. That said, I am puzzled by some of the omissions. (You will never learn that Aaron Walker was swatted, for example. Also, we are told about six hypnotized witnesses at Kimberlin’s bombing trial, but nothing about the ones who weren’t hypnotized — much less the abundant physical evidence.) Ultimately, though, I don’t want to spend a lot of time or energy carping about the shortcomings of the piece. I’m glad that someone was willing to cover the story.

I will reiterate this: I have consistently reminded people on this blog that this situation is not about politics, left and right, Democrat and Republican. I have been especially pleased when critics of Kimberlin have received support from people on the left. I think this is true of many other Kimberlin critics. For us, this hasn’t been about tarring the left with another Bill Ayers. It’s been about the right to speak the truth without facing harassment, such as “endless lawsuits for the rest of [our] lives.”

With the above in mind, go read the piece. You can find it here.


BREAKING: Kimberlin Loses State Lawsuit

Filed under: General — Patterico @ 2:50 pm

Reports are breaking on Twitter. It was a directed verdict by the judge, who did not even let the case go to the jury.

UPDATE: Thanks to Instapundit for the link. Please note that many others and I are still facing a ridiculous federal suit from Kimberlin, as to which my pro bono lawyer Ron Coleman filed a motion to dismiss yesterday. It’s not just legalese and is well worth a read for background.

In a not-unrelated development, Dave Weigel got an interesting quote:

For some reason the term “vexatious litigant” comes to mind . . .

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