This blog is dedicated to the memory of David Weintraub, who took on insidious astroturfers and won.

Sunday, January 22, 2012

Eight Counts of Perjury and a Velvet Revolution Conspiracy Bunk Excerpt

I hope this will be my last post on this unfortunate situation, until there is an update or resolution from Judge Rupp.

This blog entry will show in detail how Brett Kimberlin lied early and often on November 14th, 2011 after having been sworn in under penalties of perjury.

I've had enough of being this man's punching bag. I do not fear him nor any of his mickey mouse legal ploys.

Here's hoping Judge Rupp the Magnificent is busy soaking in every nook and cranny from the case #339254 file. The following are what I sincerely believe to be eight counts of perjury committed by Brett Kimberlin on November 14th.

This is what I would like to see happen. At a minimum, I want the judgement reduced to one dollar, with no court costs, and the removal of Jordan's court injunction Kimberlin refuses to accept is meaningless. I never defamed him. He got his chance to supply evidence on November 14th and presented squat. All I have been doing since then is expressing my 1st Amendment constitutional rights. No defaming. No breaking any fictitious interpretation of a sky is blue don't break the law Triple F order.

Best case scenario would be Judge Rupp reversing the default judgement and then the whole case as frivolous. I have provided him with two means by which to do that. Judge Jordan almost did so on Sept. 14th. However, he ruled that since Masachusetts' law allows for rent-a-cops to tape a writ of summons to one's door, that constitutes a legal service. I never saw that summons. But all the t's had been crossed with dotted i's, thus legally it had been delivered. In Maryland that wouldn't have counted. But Jordan was against me the whole way. He wasn't about to use his powers of interpretation to help my cause.

Nonetheless, since Kimberlin has messed up by having the case reopened, I have been able to write up motions pertaining to new discoveries. Massachusetts' service law states that a summons must be served with the seal on it or in the name of our glorious state. I forget the exact wording. The bottom line is it wasn't. Furthermore, Maryland's High Court has decided before not to accept another state's service law, since such "convenient" rent-a-cop procedures violate the 14th Amendment right to due process. We shall see how this turns out. I am not sure if there will be a next hearing, or whether Judge Rupp will simply make rulings without such a hearing.

Without further ado.

Eight Counts of Perjury

Count #1

The only things I actually said below are that Kimberlin has been apparently running confidence schemes with Brad Friedman of BradBlog in order to garner donations, and that BK has been convicted of domestic terrorism. I never said there was clear cut proof of pedophilia or murder.

That being said, his setting bombs did lead to Carl DeLong's suicide, and previous courts have agreed. Kimberlin's failure to pay up to the widow did lead to his parole being revoked in 1997. He didn't get out of prison until 2001. That's a far span of time from thirty two years ago. He was never exonerated for the Speedway bombings, despite that lie circulated through associate Larisa Alexandrovna claiming otherwise.
And Mr. [Socrates] took it upon himself to decide that we were fraudsters and criminals and pedophiles and murderers. And my partner is Jewish, and he made a post that Jews are the scourge of the Earth. And that Jews should die in the ovens. And he has called me a pedophile, a murderer, a fraudster, a con man, a terrorist. I mean the list goes on.
Count #2

Brett Kimberlin, Convicted Terrorist and Perjurer, Accuses Me of Unethical Conduct
Well, the Indianapolis Star thinks you were [a murder suspect]:
When police began looking for a motive in the Scyphers slaying, they found there'd been a recent family clash. Julia Scyphers' daughter, Sandra Barton, had become involved with a man who seemed to Mrs. Scyphers to be inordinately close to one of Barton's young daughters. Mrs. Scyphers told friends she was so concerned that she'd arranged for both of her granddaughters to come live with her. Whether or not Mrs. Scyphers' fears were correct (no charges were ever filed to that effect), this incident led investigators to start looking at Brett C. Kimberlin.
And so did Mark Singer:
Early that afternoon, [Brett] Kimberlin went downtown to meet with Forrest Bowman. Along the way, he said, he passed a newspaper vending machine and saw the Indianapolis News's proclamation BOMBING SUSPECT IS LINKED TO MURDER.

"I saw this headline about the bombing investigation and I bought a newspaper and started reading it," he told me [reporter Mark Singer]. "I think: Oh, this might be interesting. And then I read the first couple of paragraphs--about a Broad Ripple business man--and I realize they're talking about me and I'm just floored."

Mark Singer, Citizen K: The Deeply Weird American Journey of Brett Kimberlin (1996), page 98.
Me: Well, what I'm trying to ask is what did, is there anything I posted that hadn't been posted before in mainstream media? And what would that have included? Such as that you were a murder suspect in the death of Julia Scyphers.
JJ: Is that a question, whether there were prior posting of allegations? Is that your question?
Me: Is there anything, Yes.
BK: That's never been posted before to my knowledge.
Me: It wasn't written about by Mark Singer of The New Yorker?
BK: Never heard of that.
Me: You never heard of Mark Singer?
BK: I said I never heard that.
Me: You never, you never knew that you were a [BK: I was not] You're saying you weren't a suspect in the murder of Julia Scyphers?
BK: I was never a suspect, no.
Me: You were never a suspect? [JJ: What he said.]

Count #3

Head of Non-Profit Undergoes Actual Waterboarding and Torture; Video on YouTube
WASHINGTON, Nov. 1 /PRNewswire-USNewswire/ -- Is waterboarding torture? Brett Kimberlin, the Director of Justice Through Music, a DC based non-profit dedicated to peace, wanted to know and to show the public actual waterboarding and torture. He therefore agreed to be the subject of a music video featuring various means of torture used by U.S. officials and military personnel over the past few years.

The video was filmed in the winter at an abandoned prison under actual conditions. He told his "captors" not to hold back, and to make it real. The video, now on YouTube at, is called "Exile" and it is a scathing indictment of torture and extreme rendition complete with hoods, guns, handcuffs, hanging, deprivation and humiliation. It has been viewed over 20,000 times on various Internet sites since its release a few months ago.

Me: Did you or did you not waterboard yourself as a publicity stunt or for some type of, to make a political statement to the public on a controversial issue?
BK: I didn't waterboard myself.
Me: You didn't waterboard yourself? [BK: No.]


The Wizard of Odd By Massimo Calabresi Friday, Jan. 05, 2007

Time Photo Illustration: Kimberlin:
Chriss Wade for Time; Voting Machine:
Brent Humphreys / Redux for Time

In the belly of the voting-reform movement is a man who personifies this paradoxical lack of credibility in the service of a credible cause. Brett Kimberlin was convicted in 1981 of a series of bombings in Indiana. By his own account, he dealt "many, many tons" of marijuana in the 1970s. Most famously, he is the man who from his prison cell alleged that as a law student Dan Quayle bought marijuana from him. Quayle repeatedly denied the charge, and it was never substantiated. In e-mails and Web postings from Kimberlin's two organizations, Justice Through Music and Velvet Revolution, he intersperses occasionally useful pieces of information about the problems of e-voting with a hefty portion of bunk, repeatedly asserting as fact things that are not true. Kimberlin, in short, is an unlikely candidate to affect an important issue of public policy.

And yet he has. Kimberlin has found a home in the blogosphere, digging up and disseminating an indiscriminate gush of anti-e-voting material. In turn, a loose network of lawyers, congressional staff members and academics have filtered that torrent, verifying and using parts of it for their cause, many of them without knowing Kimberlin's background. Most notably, he played a key, behind-the-scenes role in a Princeton study issued last September that Norm Ornstein of the American Enterprise Institute says "caused a significant alteration in the debate" over e-voting. The office of Rush Holt, the leading congressional advocate of reform, has called Kimberlin "influential" in the movement.
Me: Yes, sir. Uhm, do you think private individuals get mentioned, uhm, are you aware of The Wizard of Odd article from Time Magazine on yourself?
BK: Yes.
Me: Do you think this is the type of thing that a private, that's done, type of article that's written about private individuals?
BK: Private individuals get written about all the time.
Me: Uh-huh.
BK: It doesn't matter if you have an article written about you that you're not, that you're a public figure. I'm not a public figure.
Me: Have you, have you emerged as a public player in controversial issues?
BK: No.
Me: Such as election fraud?
BK: No.

Count #5

From a Brad Friedman "article" titled, GOP Tech Guru Mike Connell 'High IQ Forrest Gump...At Scene of Every Single Crime' Say Ohio Attorneys
After last week's presser, Velvet Revolution's Brett Kimberlin sat down to follow up with Arnebeck and attorney/investigative journalist Bob Fitrakis, who participated in both the original '04 election lawsuits and has reported in detail on the related matters continuously since then at the Columbus Free Press.
VR Speaks to Ohio Lawyers About Karl Rove and Election Fraud

BK: Judge, I think he's asking if I've ever interviewed anyone? [JJ: hm-hm] I assume. I have interviewed people, and those interviews are online.
JJ: Okay.
BK: But they're not, there's never a picture of me. I'm just a voice interviewing a Congress member or a lawyer or a
JJ: Are you identified on them?
BK: No.
JJ: By name or anything?
BK: Never.
Me: I think that needs to be verified.

Count #6

StarFiles: The Speedway Bombings, Part 2
Kimberlin was paroled in 1994 after serving about 13 years of his 50-year sentence. But when he made no effort to pay the DeLong judgment his parole was revoked in 1997 and he went back to prison for about four more years, released again in 2001.
2004 U.S. App. LEXIS 28795,*
Brett C. Kimberlin, Appellant v. United States Parole Commission, Appellee

SUBSEQUENT HISTORY: Rehearing denied by Kimberlin v. United States Parole Comm'n, 2004 U.S. App. LEXIS 13886 (D.C. Cir., July 6, 2004) ...


[*2] The district court correctly concluded that appellant's habeas petition is moot. In his petition appellant challenged decisions of the United States Parole Commission (USPC) revoking his parole and delaying his reparole...
Also, see
KIMBERLIN v. DEWALT 12 F.Supp.2d 487 (1998)

Me: 32 years ago, uhm, would more recently than 32 years ago were you sent back to prison for a parole violation?
BK: No. No. I'm not on parole. You keep telling people
Me: No.
JJ: One second.
BK: He's telling people I'm on parole. I'm not on parole.
Me: I don't know if he's on parole. I apologise.
JJ: You can't talk over each other.
BK: Well ...
JJ: Next question.
Me: More recently than 32 years ago, from your original trial if that's the date you're getting to, were you released
BK: I am not on parole.
Me: Were you released and then sent back to prison for a parole violation for failure to pay compensation to uh, Mrs. Delong, the wife of Carl Delong, who took his own life after those bombs tore off half his body?
BK: No, I wasn't.

Count #7

[email excerpt sent by me to Brett Kimberlin asking him to stop emailing me (January 14th, 2011)]

[email excerpt by me sent to the Speedway Bomber on October 11th, 2011 asking him yet again to stop emailing me.]

[Harassing email sent by Brett Kimberlin to myself on October 8th, 2011.]

Now read what he said under oath on November 14th.

Me: So, uh, let's go with stalking. How, did, did I recently contact you?
BK: Yes.
Me: By email?
BK: By mail.
Me: What about by email?
BK: Nope.
Me: I didn't recently write you an email?
BK: Never.
Me: Did you recently write me an email, after I had asked you not to?
BK: Nope
Me: No?
JJ: He answered no, just
Me: I would like to
JJ: You can testify, when you, when it's your turn to testify. Just ask the questions.
Me: He just per-, I contend that he perjured himself.
JJ: Just ask questions.

Count #8

It is outside of access to open source information to confirm or rebuke Kimberlin's claim of being exonerated for the Speedway bombings. Common sense says that there was never any "double secret" exoneration agreement made between Brett Coleman Kimberlin and the U.S. Justice Department.
You know, I had a fifty year sentence for something I didn't do. And it's been resolved. They, they don't have me on parole. I have no committment at all to that old case....
Me: Uhm, so part of the damage that I've caused you, uhm, you believe is because, are you claiming because I blogged about you claiming you were an exonerated, did you ever claim that you were an exonerated, uh, political prisoner?
BK: I've never claimed that publically.
Me: You, you deny setting the bombs that you were convicted of?
BK: Absolutely.
Me: And
BK: Absolutely.
Me: you admit you weren't exonerated?
BK: Judge, Mr. [Socrates]
JJ: Just answer the question because
BK: Mr. [Socrates] is trying to get into a lawsuit that was filed against the Department of Justice. It was settled in a confidentiality agreement, and I'm not going to discuss it. I'm gonna object.

(later on in his closing statement)
You know, and, and he talks about, you know, I haven't been exonerated. Well, he doesn't know what happened with the Justice Department lawsuit. He doesn't know. But he goes out and says, I know he's never been exonerated and all this stuff. Well, I'm not getting into that here. You know, but I can tell you for a fact and everybody here, I'm not on parole. I had a 50 year sentence. I'm no longer serving that sentence. So something happened, and that's as far as I'm going to go with that.

Velvet Revolution Conspiracy Bunk Excerpt

(pdf) I, Brett C. Kimberlin, under penalty of perjury pursuant to the provisions of 28 USC 1746, declare[s] that the following is true and correct.
This concerned their motion to lift the stay in the King Lincoln case to allow them to subpoena Michael Connell. The subject of this news conference was widely disseminated over the blogosphere, including news that Karl Rove was being targeted as the principal perpetrator in a state RICO claim, and that Michael Connell was a key witness in this claim. VR created the web site as a vehicle to keep people informed, build interest and solicit and receive funds to support the Ohio litigation in federal court. VR has been involved in several other election related lawsuits in the past.

I have received five tips since July 17, 2008 from an unidentified person that I have named "the tipster” and who I will say is “he" in this declaration. He said that he is close to the McCain campaign and that he knows of Michael Connell and details that bear on the King Lincoln Bronzeville v Blackwell case pending in Ohio. Paragraphs 8, 9, 10, 11, and 12 below deal with each of those tips.

8. July 19, 2008-You are "right on the money about Connell and Rove stealing the election." However, Rove has protected himself with a go-between, I won't tell you who it is. Connell has been designated a ”limited hangout" and the Administration will not protect him. I am not calling you because l want to be a hero, this is something personal between me and McCain. Rove has something on Connell's wife, or at least they can allege that Heather Connell was
involved with some money laundering involving a foreigner (and he used the name Kirby, either as an individual or company). lf Connell does not take the fall for this, Heather will be prosecuted for money laundering. I am going to give you a riddle and Spoonamore should know what it means: McCain is focused on six dot, dot, dot and then dot, dot, dot.

9. July 21, 2008- The go between is Jeff, the guy who runs SmartTech in Chattanooga. He is Rove's secret weapon and he is the firewall between Connell and Rove. Don't get fixated on Ohio, this scheme has ties to Enterprise, Alabama.

10. September 18, 2008- Spoon has ”opened a shit storm," but that they ”are still doing what they planned." (ie rig the election) Connell is in danger from Rove. Connell will talk if we can get to him.

11. October 1, 2008--People are nervous, Connell will take the fall, the system that Connell created is still in place in Ohio, ”They only changed the scenery. Not the stage." Connell has been reading the articles and they are strong.

12. October 22, 2008, Jeff Averbeck has ten teams working under him with a lead person and that each team is assigned a different state. Karl Rove is controlling the entire operation but there are firewalls between him and the teams. The "team leads" are expected to converge on Chattanooga before the election to tweak their election plans. SmartTech receives funds and then divides some of those funds between the teams and these funds are "federal funds." SmartTech has a plethora of front companies covering for these teams but I do not know their names. Some of them are somehow affiliated with or have done work for the Oakridge Testing Facility and the Tennessee Valley Authority. The teams are separate in case one or more gets taken down the others will continue their work.

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