Why We Fight

UPDATE: Now every day is Blog About Aaron Walker Day!  Thanks, Lee!  I’m adding the new tag and category even as we speak.  Hey lefties, you want to shut us up?  You’re doing it wrong.

Donate to help Aaron here.

A really good explanation of Tuesday’s Kimberlin v Walker hearing here, from David Hogberg.

So apparently, in the United States, Freedom of Speech just died on Tuesday, because, in effect, saying things about Person A which he/she might construe as being “mean” (even if those things are completely true) might somehow “incite” other people to do harm to Person A.

So writing about someone in a manner they don’t like can now get you thrown in jail.

Found the above post via Patterico, who posts some celebratory comments and tweets from Kimberlin supporters, threatening legal action against other critics like Liberty Chick, Lee Stranahan, Stacy McCain, Michelle Malkin, Dana Loesch, and Patterico.

This is why this story matters: because now that Kimberlin has succeeded in shutting up an opponent via legal means — regardless of how short-termed this will prove to be — he and his pals will go after more opponents.  And more.  And more.

And yet it’s people on the left who say that people on the right don’t believe in Free Speech.  Like this guy, who left a comment on this post at the Volokh Conspiracy about the Tuesday hearing.

95.  Tom Joyce

I turned to your blog, Professor Volokh, because I have found you to be an honest man. An honest man whom I disagree with, true, but an honest man.

The usual right wing hand-wringing in this case is too silly for words. Is there never a point where modern conservatives break with the conformist and sob sister gathering of bloggers?

Have you on the right all lost your mind? Nothing I have read so far has escaped the description of a lynch mob on the right trying to silence an ineffectual man whom the conservatives have simply invested with powers he does not have and could not possibly have ever had.

The transcript of Mr. Kimberlin’s attempt to get Aaron Walker to stop harrassing him reads like a man trying to get a bully to stop picking on him.

If this really is the way that you all think, and thanks to Talk Radio, it is clear that “conservatives” (I do not believe that Rod Dreher or David Frum or Daniel Larison deserve the company of the knee jerk reactionaries who gleefully act in mindless concert) value conformity above thinking, confusion above clarity, and mega-dittoing over having an active life of ideas, interests, and passion.

So let’s breakdown Mr. Joyce’s comment, shall we?

He begins with some disingenuous brown-nosing: you’re an honest man I disagree with, but the “usual right wing hand-wringing in this case is too silly for words. Is there never a point where modern conservatives break with the conformist and sob sister gathering of bloggers?”

Got it?  All of you are not only silly for blogging about all this Kimberlin stuff, you’re all a bunch of crybabies who take your cues from all the crybabies you hang around with.

It’s just “too silly for words” to care that the media seems to only portray Kimberlin — at worst, on the rare occasion they actually talk about him — as a drug dealer, as if he’s some penny-ante criminal dealing some weed in a parking lot somewhere.  It’s “too silly for words” that we wonder if the people who give his tax-exempt organizations money know who they’re giving money to.  It’s “too silly for words” to think that a guy who bragged in Citizen K about how he learned at 19 how to beat the taxman might STILL be engaged in the same activity now, with contributors’ donations.

We’re just blowing things out of proportion and then crying if someone on our side gets a legal spanking.

It gets better, if “better” can be described as “even more disingenuous.”

Have you on the right all lost your mind? Nothing I have read so far has escaped the description of a lynch mob on the right trying to silence an ineffectual man whom the conservatives have simply invested with powers he does not have and could not possibly have ever had.

You’re all crazy, aren’t you?  You’re just a crazy, out-of-control lynch mob, trying to shut some little nobody up while making him out to be Hitler’s step-brother.

This isn’t the first time the left has made the argument that Kimberlin is some nobody we’re trying to make out is more evil than Hitler.  Markos Moulitsas said it last week.  He even used the dreaded H word when he did.

Look, I don’t recall any blogger who took up the call to blog about Kimberlin last Friday ever saying he was worse than Hitler.  I didn’t.  No one’s blog I read did, either.  But by bringing Hitler into this, people like this Joyce guy are trying to make it look like we’re a bunch of crazy, unhinged kooks who are making crazy claims against some weasly little nobody.  We really should be ashamed of ourselves.

I also don’t recall anyone saying that Brett Kimberlin should be shut up and shut down.  We don’t do that on this side of the political spectrum.

All we want to do is talk about this guy’s past.  He’s a convicted criminal.  We think the world should know the extent of his crimes, so they can decide whether or not they want to give his tax-exempt organizations some money.

It’s the left that doesn’t like it when people say nasty things like the truth.  The truth can be ugly, or uncomfortable, or inconvenient, to quote Al Gore.  That’s all very true.  But it’s still the truth and not some lie.  If wee Brett’s children can get on the internet and read the mean (true) things other people say about daddy and then ask uncomfortable questions or feel bad, well, that’s not really the fault of the truth-tellers, is it?  Isn’t that Brett’s fault, for having committed the crimes in the first place?

The truth is that Kimberlin is a nasty little man who’s done nasty, criminal things.  Some of which he’s gone to jail for.  Others, apparently not.  And worse, he’s not only never shown any remorse for the bad things he’s done, he’s tried to constantly blame everyone else for his bad behavior.  He didn’t set the bombs — the ATF framed him!  The witnesses lied about him!  The government set him up and made him a political prisoner!

He can pretend that he’s not the same man now that he was then, but most of us expect more than just his word for that.  Maybe paying restitution to the DeLong family would prove he was on the path to redemption?  Nah!  He’d rather live in his mommy’s basement and pretend he has no assets than pay the money he owes the DeLongs.

If I had tons of money to donate to causes I believed in, I’d want to know about the people running those organizations, because I think character matters.  I’d want to know what their background was, because I’d want to ensure that money was to be used in a way I supported.  I also wouldn’t want my name tied to someone who is a convicted perjurer and a remorseless felon.

But maybe that’s just me?

The transcript of Mr. Kimberlin’s attempt to get Aaron Walker to stop harrassing him reads like a man trying to get a bully to stop picking on him.

And what about the 28,000 word essay Walker posted about all the harassment Kimberlin and his pals have done to him?  If you read that, would you maybe change your mind about who’s the bully and who’s the victim?

Probably not, given you’re a disingenuous piece of work, Mr. Joyce.

If this really is the way that you all think, and thanks to Talk Radio, it is clear that “conservatives” (I do not believe that Rod Dreher or David Frum or Daniel Larison deserve the company of the knee jerk reactionaries who gleefully act in mindless concert) value conformity above thinking, confusion above clarity, and mega-dittoing over having an active life of ideas, interests, and passion.

He begins by admitting that Rod Dreher, David Frum, and Daniel Larison aren’t “conservatives” like the rest of us.  And, as it turns out, I agree with him on that point.  But then, I don’t think of them as being at all conservative or even Republican.  They might have been at one time, but they’ve spent so much time working for left-wing media outfits that whatever conservative values they might have once held have long since fallen by the wayside.

But let’s get back to Mr, Joyce.  Because we all seem to be agreeing with each other, we’re mindless drones.  We just stew in the echo chamber, valuing our conformity rather than thinking and stuff.

You know, that’s funny, because I don’t recall the right coming up with something akin to Journo-list, do you?  I don’t recall the right issuing daily “talking points memos,” do you?

If you want to talk about people espousing mindless chatter, let’s discuss your pals on the left, Mr. Joyce, shall we?  How about the media who convicted George Zimmerman for murdering poor, angelic Trayvon Martin, claiming he was clearly the aggressor, because he didn’t have any wounds on his face.  (Even though he did.)  Or that he was a white man who shot a black child, until it turned out he wasn’t exactly what you’d call white, so then he was a “white Hispanic.”  It was the disingenuous media of the left plastering a picture of a 12-year-old Trayvon all over the news, rather than use a more recent image.  All to try to make him appear to be an innocent victim.  All to sell a narrative of what a bunch of racists white people are.  The truth be damned.  A man’s life be damned.  All to sell the leftist agenda.

Or how about all the stories the leftist media refuses to cover or only begrudgingly covers, because those stories, too, don’t advance their political agenda.  Fast and Furious?  Missing and Meh.  The half billion in taxpayer dollars that went to prop up Solyndra for an additional 18 months before the company went bankrupt?  Yawn.   (And Queen Nancy thinks it’s just fine for the President to play a craps game with the taxpayers’ money.  Why not?)  The administration’s attacks on the Catholic Church and people of faith who don’t want public money spent on birth control?  What?  What do you mean that’s a violation of the First Amendment?

But we sure do hear all about how weird Romney’s Mormon faith is, don’t we?  Or how weird it is that Ann Romney spends her own money to practice “horse ballet.”

Please!  You want to talk about mindless lemmings parroting garbage?  The left does it every single day.

…and mega-dittoing over having an active life of ideas, interests, and passion.

Isn’t it cute how he feigns concern that we’re just wasting our lives blogging about stuff “too silly for words” rather than going out and getting a life?  Why can’t you people find real things to talk about and care about instead of blogging from your mommy’s basement.  Oh, wait… that’s Brett Kimberlin, isn’t it?

If you want to pretend ignorance of why the Brett Kimberlin story matters, Mr. Joyce, you certainly may.  It’s a free country, and you’re entitled to your opinion.  You even have the right to spread your opinion as far and as wide as you want.  Even if it’s the stupidest shit anybody ever peddled.  But let’s not pretend that your ideas come from a place where you’ve spent hours, days, weeks, or years thinking about and debating over what the Constitution means, because I’m pretty sure you haven’t.  If you had, you’d understand why the Kimberlin story matters.  You’d be appalled that some guy is contorting the law to use it as a weapon against anyone he disagrees with, all to shut them up.

And if you’d ever spent even a few hours thinking about the implications of the leftist agenda, then you’d know how utterly devoid of original ideas that agenda is.  All the left has — all it’s ever had — is collectivism and totalitarianism, all swaddled up in the blankets of concern for the less fortunate or “oppressed” — be they the poor, minorities, gays, women, unions, or anyone else deemed a victim group.  And the answer always seems to be more government, more control, more money confiscated from the hardworking to be redistributed to those deemed less fortunate.  Even when we daily hear how wasteful that government is with our money; it never seems to sink in that the government will ALWAYS waste our money.

And anyone who disagrees and dares to tell it like it is?  They get shut up and shut down, all in the name of “civility.”  We now have a President whose campaign is encouraging Americans to report anyone who says anything that might be critical of him.  He’s been peddling this “if you hear something you need to report it” schtick since 2009.  What is this, Soviet Russia?  We’re supposed to be suspicious of our neighbors and report them if they say anything that might be unkind about the President?

Well, Mr, Joyce, would you like to know what you and yours can do with your civility?

We’re not going to shut up until you take us all away or you shut down the internet.  Got it?  And if you don’t like it, do what all Americans in past generations did when faced with speech they didn’t like: don’t read/listen to it or make fun of it.  Shutting us up is what losers do, because they know they can’t win a fair and open debate.

Update: Stacy McCain blogs about the Hogberg article, along with the meta topic of the traffic he’s getting from this story.


More Kimberlin Work To Be Done and Article Links

The Speedway Bombing page is up at Wikipedia.  Link it in your blog and follow the link to read the article.  Let’s pump this thing up on the search engines.

Hat tip to Bryan Preston at the PJ Tatler.

Update: And now Brett Kimberlin’s page has been restored!  However, it appears to be undergoing many edits, even as we speak.

I certainly hope this increases Kimberlin’s exposure.

Also, I’ve found a few .pdfs of Indianapolis Star articles you might want to check out.

Friday, October 16, 1981 Guilty Verdict Front Page Article 

Kimberlin Gets Fifty More Years (only first page, the page 14 continuation isn’t there)

Mystery Still Shrouds Kimberlin Case (after the sentence had been handed down).

Articles written at the time of the bombing, from the Indianapolis Star:

3 Explosions Rock Speedway (Saturday, September 2, 1978)

Speedway Police Car Bombed (Wednesday, September 6, 1978)

8th Speedway Bomb Injures 3 (Thursday, September 7, 1978)

Where Does the Money Go?

This article posted about 18 months ago over at FoxNews asks some interesting questions about Brett’s penchant for harassment along with his and his organization’s finances

Kimberlin has taken that lesson and made unfounded accusations a profession of sorts. Using two popular leftist blogs, the 56-year-old from Bethesda, Md., has raised hundreds of thousands of dollars from the public and left-leaning foundations by promising to put conservatives he disagrees with in jail, often with offers of large rewards.

Also this:

And it is that civil judgment that may explain Kimberlin’s blog sites and much of his existence since prison. Because of the judgment, which with interest is now more than $3 million, anything Kimberlin has in his own name is subject to seizure. He lives in his mother’s home in Bethesda and operates the websites out of there. It’s hardly a happy place, though; Kimberlin’s mother has sued him and won a $150,000 judgment against him, and he and his wife have traded domestic abuse charges, according to local records. It even may explain the causes of the moment on which the websites focus their energy, likely to generate cash.

So wee Brett has been living in his mommy’s basement in order to avoid paying that settlement to the DeLong family.  Oh, to be a 58-year-old man, living in your mom’s basement with your wife and two kids.

But there’s one last thing from the article I’d like to quote:

In the past three years, Velvet Revolution and Justice Through Music have raised more than $1.5 million. Yet Velvet Revolution hardly seems like a dynamic organization; it has had only 10 new posts in the past six months. And Justice Through Music, despite a voter registration effort that simply includes an online registration form, seems to be little more than a music website that plows through money each year.

Perhaps the most perplexing question on the sites’ tax returns concerns the growing rent payments from the non-profit, which jumped from just below $10,000 in 2006 to more than $80,000 two years later. Given Kimberlin’s history, what really happened to the money is a fair question.

That really is the question, isn’t it?  Where does the money go?  Is it going into the pursuit of nuisance lawsuits?  Is it going offshore?  Is it going into the pockets of authorities and politicians, to get them to look the other way on his organization’s criminal harassment?

We don’t know, that’s the problem.  But given that JTMP and Velvet Revolution are allegedly “tax-exempt charities,” then maybe we have a right to know where the money goes.  Maybe we need to insist that Congress and the IRS investigate.

Yes, What Can We Do?

It’s the day after “Everybody Blog About Brett Kimberlin Day,” and you may be wondering, “What now?”  In other words, just how effective is it that we all blogged about wee Brett yesterday if everything now goes back to normal and we all go back to whatever we usually post about?

Remember how the Tea Party took to the streets for some big demonstrations, and then they didn’t?  And the left started saying, Hey!  The Tea Party’s dead!  They must be dead, because they aren’t out in the streets demonstrating anymore.”

The Tea Party people weren’t on the streets anymore because those early demonstrations were designed to meet other like-minded people, face-to-face.  The goal was never to permanently “occupy” the public square, like our good friends on the left are wont to do.  No, the goal was to meet, to realize we were a greater force than even we might have realized, to make connections and then go back home to our communities to do the scut work of actual politics.

Well, now that the day which brought us all together is over, we need to get started on the real work of slaying a dragon.  We’ve brought him out of his cave and into the light.  Now it’s time to deal the metaphorical killing blow.  What might that be, you may ask, and well you should.  Ace has some thoughts:

My belief is that this will not be “won” by publicity.

Publicity without action? What’s that? So Brett Kimberlin is a bad man. He knows he’s a bad man. His public-record convictions demonstrate he’s a bad man.

His associates and donors probably know he’s a bad man — and they probably appreciate having a Bad Man to do their Dirty Business.

No, this will be resolved by either judicial action or legislative action. In a court of law, or an Act of Congress, or an act by a state government.

So what can you do?

If you are interested in seeing justice and Free Speech prevail, please write or call your Congressman (or a nearby Congressman, or a Congressman known to be responsive to abuses by the left, if you think your own Congressman won’t act).

Write to him and ask him or her for the following tangible steps, or any other steps he might think prudent:

In addition to reading his record into the Congressional Record, to finally end this absurd contention that it is now apparently illegal to mention the facts laid out in US federal court records, there is tangible legislative action that can be requested:

* That a 501(c) “charity” must certify its principals and employees are not engaging in harassment, intimidation, or attempts to punish free speech, on pain of perjury if this is false.

Will Brett Kimberlin’s business partners and co-principals sign such a certification?

* That a 501(c) principal conducts his legal affairs through a licensed lawyer and not pro se (on his own behalf) unless he can demonstrate that he is indigent.

See, 99% of lawyers would not put their license at risk for frivolous crap like this. Kimberlin can because he has no law license to lose. He represents himself, as as is his right as a citizen… but then, he has no right to run a 501(c). I think a 501(c)’s principals can be slightly burdened to have their suits signed off by a real lawyer, who can face sanctions for false or vexatious litigation against Free Speech.

* That they urge the FBI and DoJ and IRS investigate this matter, as well as possibly-related crimes of intimidation of Free Speech, such as Patterico’s and Mike Stack’s SWATting.

Are those related? We don’t know. It would be nice to know, however.

* That the Government Oversight Committee (or whichever committee is proper) hold hearings on the possible abuse of 501(c) charities for uses against the public interest.

* That Congress stiffen penalties (or add them) such a punitive damages and possibly inductive relief against anyone attempting to use harassment and intimidation to suppress Free Speech. And that they add a law which permits a judge to rule that a litigant bringing vexatious lawsuits with the purpose of chilling free speech be henceforth required to post a large bond before suing, and to have his lawsuits signed off by a lawyer or judge before filing.

Let’s also ask our Congressmen to look into JTMP’s and Velvet Revolution’s financial records.  How is it Brett Kimberlin has the means to pursue all the nuisance suits he files when he claims to be making less than $20k per year in salary?

Look, this guy is an expert, apparently, at hiding assets and using front groups/businesses to launder his money.  That’s what the police were initially looking at him for, back in the 1970s.  Someone like that may very likely STILL be doing the same thing now.

Congress has the power to end it.  Congress has the power to end the way the left abuses 501c organization status.  And they should.  It’s time for Media Matters and every other “tax exempt charitable” organization run by the left to prove they’re running legitimate charities.

You and I blogging won’t fix this; but you and I seeking redress of our grievances to our congressmen can.  Let’s do this thing, people!

Update: A couple of links to yesterday posts which are important —

The Other McCain post about KimberlinFiles.org

And the follow-up Kimberlin JTMP post over at the Blaze.

When you contact your congressmen, you might want to include a reference to the fact that SWATing for the purpose of keeping someone from exercising their first amendment rights is against the law.

The pertinent quote from J. Christian Adams’ post:

18 USC 241 prohibits intimidation against Americans for exercising free speech rights.  The statute says:

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; They shall be fined under this title or imprisoned not more than ten years, or both.

You might want to include that statute when you contact your congressman and Senators.

I wonder if any donor to JTMP and/or Velvet Revolution would be considered a party to violation of this statute?  I guess that would depend upon how much donation money wee Brett and his merry band are spending on their nuisance suits and other criminal intimidation tactics.

Update 2: Well, I’ve contacted my Congressperson and Senators.  How about you?

Update 3: A couple of very good post-“Everybody Blog About Brett Kimberlin Day” posts —

One from An Ex Con’s View

One from The Return of Cincinnatus

And a great aggregation post from The Other McCain.

Wee Brett will be in court on Tuesday in Maryland.  Maybe anyone in the area should drop by the courthouse?

One more great post!

Hello world!

This blog exists for the sole purpose of exposing Brett Kimberlin to the world.  If you don’t know who wee Brett is, you might want to check out this link:



Update: I’ve decided to expand this blog to include anything related to the defense of First Amendment Rights.