You are on page 1of 45

Case 8:13-cv-03059-GJH Document 180 Filed 08/11/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

BRETT KIMBERLIN,
Plaintiff,
v.

Case No.: CVPWG-13-3059

NATIONAL BLOGGERS CLUB, et al.,


Defendants.

MOTION BY DEFENDANTS PATRICK FREY AND MANDY NAGY


TO DISMISS THE SECOND AMENDED COMPLAINT
Pursuant to Fed. R. Civ. P. 12(b)(6), defendants Patrick Frey and Mandy Nagel, by
undersigned counsel, submit this Motion to Dismiss the Second Amended Complaint with
prejudice.
In support hereof, defendants shall rely on a Memorandum of Law to be filed
contemporaneously herewith, the certification of counsel with attached exhibits, and the full
docket and record of the proceedings herein and such other proceedings and matters as are duly
incorporated by reference therein and regarding which the Court shall see fit to take judicial
notice.
Respectfully submitted,
GOETZ FITZPATRICK LLP
By: ________________________________
RONALD D. COLEMAN (Pro Hac Vice)
One Penn PlazaSuite 4401
New York, New York 10119
(212) 695-8100
rcoleman@goetzfitz.com
T. Bruce Godfrey (Bar No. #24596)

Case 8:13-cv-03059-GJH Document 180 Filed 08/11/14 Page 2 of 2

LAW OFFICE OF BRUCE GODFREY


Box 444
Reisterstown, MD 21136
(410) 561-6061
godfrey@brucegodfrey.com
Attorneys for Defendants
Patrick Frey and Mandy Nagy
Dated: August 11, 2014

Case 8:13-cv-03059-GJH Document 180-1 Filed 08/11/14 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF MARYLAND
NORTHERN DIVISION

BRETT KIMBERLIN,
Plaintiff,
v.

Case No.: CVPWG-13-3059

NATIONAL BLOGGERS CLUB, et al.,


Defendants.

Ronald D. Coleman, under penalty of perjury, testifies and says as follows:


1.

I am a partner at Goetz Fitzpatrick LLP, attorneys for defendants Patrick Frey and

Mandy Nagy in this lawsuit. I make this certification based on personal knowledge.
2.
dated

Attached as Exhibit A is a true copy of the PDF printout version of a blog post
May

25,

2012

on

Pattericos

Pontifications,

found

at

http://patterico.com/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaertand-their-campaign-of-political-terrorism/ as of the date hereof.


3.
dated

Attached as Exhibit B is a true copy of the PDF printout version of a blog post
June

25,

2012

on

Pattericos

Pontifications,

found

at

http://patterico.com/2012/06/25/aaron-walker-swatted/ as of the date hereof.


4.
dated

Attached as Exhibit C is a true copy of the PDF printout version of a blog post
October

10,

2011

on

Pattericos

Pontifications,

found

at

http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomberperjurer-and-drug-smuggler-suspected-murderer-and-election-integrity-hero/ as of the date


hereof.
1

Case 8:13-cv-03059-GJH Document 180-1 Filed 08/11/14 Page 2 of 2

5.

Attached as Exhibit D are three screen shots, each of which corresponds

respectively to Exhibits A, B and C (the blog posts) which accurately reproduce the
appearance of the disclaimer utilized on Pattericos Pontifications in the visual context of each
of the respective blog posts as seen on a computer utilizing a standard Internet browser such as
Microsoft Internet Explorer, which was utilized to generate these views. Exhibit D is included
because the blog posts as shown in Exhibits A, B and C were generated, for ease of examination,
in PDF format, which omits the right-hand navigation bar present when viewing the respective
posts online and which includes the disclaimer, which reads as follows:
The statements made on this web site reflect the personal opinions of the author.
They are not made in any official capacity, and do not represent the opinions of
the author's employer.
For purposes of this submission each screen shot in Exhibit D has been augmented with a red
arrow to indicate the disclaimer. The red arrow is not found on the blog itself.
6.
dated

June

Attached as Exhibit E is a true copy of the PDF printout version of an article


8,

2012

on

Breitbart.com,

found

at

http://www.breitbart.com/Big-

Government/2012/06/08/Erickson-CNN-SWATting as of the date hereof.


7.
June

8,

Attached as Exhibit F is a true copy of the PDF printout version of an article dated
2012

on

Breitbart.com,

found

at

http://www.breitbart.com/Big-

Journalism/2010/10/11/Progressives-Embrace-Convicted-Terrorist as of the date hereof.


I hereby declare under the penalty of perjury that the foregoing is true and correct to the
best of my knowledge. I understand that if any of the foregoing is known by me to be false, I am
subject to punishment.

___________________________
RONALD D. COLEMAN
Dated: August 11, 2014
2

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 1 of 18


EXHIBIT A

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 2 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 3 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 4 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 5 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 6 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 7 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 8 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 9 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 10 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 11 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 12 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 13 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 14 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 15 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 16 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 17 of 18

Case 8:13-cv-03059-GJH Document 180-2 Filed 08/11/14 Page 18 of 18

Case 8:13-cv-03059-GJH Document 180-3 Filed 08/11/14 Page 1 of 2

EXHIBIT B

Case 8:13-cv-03059-GJH Document 180-3 Filed 08/11/14 Page 2 of 2

8/11/2014 Patterico's Pontifications Brad Friedmans Partner and Buddy: A Convicted Bomber, Perjurer, and Drug Smuggler, Suspected Murderer . . . and Electi

Case 8:13-cv-03059-GJH Document 180-4 Filed 08/11/14 Page 1 of 3

EXHIBIT C

10/11/2010
Brad Friedmans Partner and Buddy: A Convicted Bomber, Perjurer, and Drug
Smuggler, Suspected Murderer . . . and Election Integrity HERO!!!
Filed under: Brad Friedman,Brett Kimberlin,General,Velvet Revolution Patterico @ 1:00 pm
[Note: this post is a supplement to the amazing post by Liberty Chick at Big Journalism today. That post
sets out the important facts about Brett Kimberlin and his relationship to Brad Friedman. This post sets
forth many of the same facts in my own way, and highlights a few points not mentioned in Liberty Chick's
piece. But you should definitely read her piece for the definitive takedown. It is tremendous.]
Brett Kimberlin set off eight bombs in Speedway, Indiana in 1978 over the course of several days. One blew up a
police car. Another blew the right leg off of a Vietnam veteran named Carl DeLong. DeLongs left leg was also
severely injured, and two of his fingers were blown off and then reattached. DeLong carried shrapnel in his body,
causing him constant pain . . . which apparently became too much for him. DeLong committed suicide in 1983 by
sitting in his van in his garage with the engine running.
Kimberlin was identified by store clerks who sold him bombmaking materials. A search of his car revealed timers
similar to those used in the bombing, as well as traces of the explosive used. He was convicted of the bombings. He
has never been exonerated by any court.
Authorities suspected Kimberlin did the bombings as a distraction from a murder investigation. Kimberlin was
enamored of a pre-teen girl named Jessica [a pseudonym given her by Mark Singer] who went on several
unsupervised out-of-state trips with him. Jessicas grandmother expressed her disapproval of the relationship, and
insisted that the granddaughters move into her house to get away from Kimberlin. Kimberlin became suicidal. Then
the grandmother was shot in the head at her house. Nobody else in the world had a motive to kill her except
Kimberlin. After police arrested Kimberlin and several confederates in Texas in a massive drug smuggling
operation, the sole eyewitness to the murder identified one of Kimberlins confederates as the man who killed
Jessicas grandmother. But the witness soon died of cancer, and no charges were ever brought against Kimberlin
for the murder.
While awaiting trial on the bombing, Kimberlin plotted with an inmate to murder a prosecutor on his case. He
promised another inmate bail money to go set off another bomb with similar components while Kimberlin was
incarcerated, creating an alibi for Kimberlin.
In addition to his convictions for the bombings, Kimberlin was convicted at trial of impersonating a military official.
(He sometimes posed as a military official as part of his smuggling operations). He also pled to the drug smuggling
charge in Texas. For all these crimes, Kimberlin was sentenced to 50 years in federal prison for these and other
crimes, but was somehow paroled in the early 1990s.
http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrit

1/31

8/11/2014 Patterico's Pontifications Brad Friedmans Partner and Buddy: A Convicted Bomber, Perjurer, and Drug Smuggler, Suspected Murderer . . . and Electi

Case 8:13-cv-03059-GJH Document 180-4 Filed 08/11/14 Page 2 of 3


Now Kimberlin is partnered up with Brad Friedman of the BradBlog the guy who has made such a big deal out
of whether James OKeefe was wearing a pimp outfit at ACORN. The guy who has repeatedly trumpeted the fact
that OKeefe was a federal criminal for OKeefes pissant misdemeanor violation of entering federal property
under false pretenses.

With Friedman, Kimberlin runs VelvetRevolution.us. Together, they report wild-sounding conspiracy theories about
voting irregularities, and solicit donations. Kimberlin and Friedman offer rewards of hundreds of thousands of
dollars for news of voting fraud. Larisa Alexandrovna of Raw Story once told people at Democratic Underground:
I know Brett and I know the story of his arrest and what really happened. he has been funding the
voter fraud allegations, the afterdowningstreet people, etc.
With all this funding of investigations, offering of rewards, and such, Kimberlin to my knowledge has yet to pay
DeLongs widow any money on the $1.6 million civil judgment she received against him for blowing up her
husband.
Speaking of crazy allegations against political figures, remember the guy who claimed that he had sold pot to Dan
Quayle?
Yeah, that was Kimberlin.
Garry Trudeau made Kimberlin famous by writing a series of comic strips about Kimberlins unsubstantiated
allegations about Quayle. Trudeau passed on the story to his friend Mark Singer, a writer for the New Yorker who
wrote a sympathetic article about Kimberlin. Singer then wrote a book about him. But as he wrote the book,
Singer started to realize that Kimberlin is a con artist. As Joe Gelarden, who wrote about Kimberlin during his trial,
memorably stated, Kimberlin was convicted of perjury in federal court before he got out of high school. Think
about that for a moment. In a passage in Singers book, Kimberlin is depicted as encouraging Singer to create
fictional tales about him, saying: Make it all up. Make the whole thing up.
This fabulist, this convicted perjurer, is the guy behind many of the blockbuster stories about voter fraud published
at BradBlog.com.
Kimberlin has taken to claiming that he was a political prisoner. For example, he had a band called Epoxy, and the
bands page of biographies for the band members says this about Kimberlin.
Brett Kimberlin
Epoxy arose out of the hellish depths of Bretts time in prison for exercising his First Amendment
rights to speech and political activity. Without any trial, Brett was hauled off to federal prison after
being targeted by right-wingers who wanted to punish him for being a musician, writing a book and
speaking out about politics.
From an interview:
5. Your views and political stance landed you time in prison Did your views and/or ideas
change because of the time you spent in prison?
My views about justice only got stronger in prison. I got to see and feel injustice first hand and spent a
lot of time fighting for the rights of prisoners who were uneducated or from foreign countries. I have
http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrit

2/31

8/11/2014 Patterico's Pontifications Brad Friedmans Partner and Buddy: A Convicted Bomber, Perjurer, and Drug Smuggler, Suspected Murderer . . . and Electi

Case 8:13-cv-03059-GJH Document 180-4 Filed 08/11/14 Page 3 of 3


kept it up since being released, spending a great deal of resources on civil rights and liberties.

6. M any groups and organizations took up your cause and rallied for your releas e, did this
surprise you and how did the media pick up your story?
My case is very convoluted but in essence, I was punished for exercising my First Amendment right to
speech. Fortunately, many enlightened people came to my defense, along with the American Civil
Liberties Union, Amnesty International and Human Rights Watch, and that is why my band is donating
a portion of each sale to those groups. It did not really surprise because the actions of the American
Government were so blatant and therefore it was hard to ignore. What does surprise me is that so
many people did and do not care what happened to me. My feeling is that if people dont stand up to
government sponsored injustice, it will only get worse.
The Indianapolis Star sets the record straight:
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.
Many questions remain about the investigations Kimberlin has supposedly done with Brad Friedman. The guy
appears to be a career criminal along the lines of Tookie Williams. The similarities are great: an intelligent violent
criminal involved in multiple acts of deadly violence, who hatches a plot to escape from incarceration by means of
murder. When that fails, he starts a massive publicity campaign, mobilizing the politically strident but fundamentally
naive segment among the left who love to stand up for prisoners. As part of his campaign, he uses lame art to
convince people he is a serious person.
The main difference is that Tookie got caught, convicted, and was never let go. Kimberlin? He walked in 1994, and
is now a progressive hero walking the streets.
For more, read Liberty Chicks post, and poke around the blog of a Socrates, who has been writing about the
connection between Kimberlin and Friedman for months.
NEXT UP: Proof that Friedman is censoring mention of Kimberlin at Bradblog. Stay tuned.
UPDATE: Kimberlin has now threatened to sue me for this post. To be clear: the post is based almost entirely on
published reports from the Indianapolis Star , TIME Magazine, and other news publications. If there are any
errors, I invite Mr. Kimberlin to specify them. I will happily correct and retract any mistakes. However, I will not
remove anything that is true.

http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrit

3/31

EXHIBIT DCase 8:13-cv-03059-GJH Document 180-5 Filed 08/11/14 Page 1 of 1

CNN Plays 911 Call in Erickson SWATting Case

1 of 6

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

Case 8:13-cv-03059-GJH Document 180-6 Filed 08/11/14 Page 1 of 6


EXHIBIT E

BLOOMBERG

43

169

More videos:

by LIBERTY CHICK (/COLUMNISTS/LIBERTY-CHICK) 8 Jun 2012


68
POST A COMMENT (/BIG-GOVERNMENT/2012/06/08/ERICKSON-CNN-SWATTING#COMMENTS)

Today, CNN featured a story centering around CNN contributor


and RedState managing editor Erick Erickson, the latest victim
(http://www.redstate.com/erick/2012/05/27/swattingthe-ericksons/) in a series of incidents in which an imposter
mimics the phone number of a target, then calls the police and
confesses to a violent crime. Such confessions often result in law
enforcement personnel, many times special weapons and tactics
teams (SWAT teams), responding to calls with full force, risking
the life and health of the target. This tactic has been called
SWATting by the FBI (http://www.fbi.gov/news/stories
/2008/february/swatting020408).
The CNN story featured the 911 phone call that led to Ericksons SWATting on May 27,
2012. It can be heard below.
On the heels of that SWATting, Breitbart News contributor Lee Stranahan decided to
conduct a podcast (http://www.blogtalkradio.com/darby-stranahan/2012/05
/28/patterico-dicusses-swatting-kimberlin) late that same evening to discuss the incident;
the podcast extended into the very early morning hours of May 28, 2012. Stranahan had
invited guest Patrick Frey, a deputy district attorney at Los Angeles County District
Attorney's Office who also blogs under the pseudonym Patterico (http://patterico.com/),
to offer insight into his own experience as a victim of SWATting. Frey was the target of a
similar incident in June 2011, an account that Frey has detailed extensively
(http://patterico.com/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-

Obama Flashback: 'We're Leaving


Behind a Sovereign, Stable and
Self-Reliant Iraq'
(http://www.breitbart.com/BreitbartTV/2014/08/07/Obama-FlashbackWere-Leaving-Behind-a-SovereignStable-and-Self-Reliant-Iraq)
586 comments 0 minutes ago

Rare Recess Hearing to Deal with


Ebola Threat (http://cdn.breitbart.com
/Big-Government/2014/08/07/RareRecess-Hearing-to-Deal-with-EbolaThreat)
1137 comments 1 minute ago

Michelle Obama: 'Women Are Smarter


Than Men' (http://cdn.breitbart.com
/Big-Government/2014/08
/06/Michelle-Obama-WomenAre-Smarter-Than-Men)
3066 comments 15 minutes ago

CDC Refuses to Identify Where


Previous Ebola Tests Originated
(http://www.breitbart.com/Big-Peace
/2014/08/06/CDC-Refusesto-Identify-Where-Previous-EbolaTests-Originated)
2740 comments 2 hours ago

Sarah Palin Gives Conservative

8/7/2014 7:19 PM

CNN Plays 911 Call in Erickson SWATting Case

2 of 6

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

ron-brynaert-and-their-campaign-of-political-terrorism/) at his own blog in recent weeks.


Response to Elizabeth Warren's
Case
8:13-cv-03059-GJH
Document
180-6
Filed
08/11/14
PageCommandments
2 of 6
Frey has also alleged a much broader, prolonged campaign of lawfare and harassment
Progressive
against a group of political writers.
(http://www.breitbart.com
/Big-Government/2014/08/07/SarahWhat followed on the May 28 podcast was shocking.
Palin-Gives-Conservative-ResponsePartway into the program, at about 49:28 on the podcast, which can be heard by clicking
to-Elizabeth-Warren-s-Progressivehere (http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicussesCommandments)
swatting-kimberlin), a caller with an unidentified phone number greeted the Stranahan
289 comments 0 minutes ago
and Frey, and then claimed to be the SWATter from Freys June 2011 incident. Here is the
transcript:
CALLER: Its me. Hey Pat, you remember me, buddy? Its me that SWATted you,
buddy. How about I punk you one more time for old times sake, huh? (laughter)
You still there, buddy?
STRANAHAN: Yeah, were here. Now why are you sayingnow give us some
proof that youre the person who SWATted Pat. (silence) And, theyve gone.
A stunned Patrick Frey commented that the call was pretty spooky, and that he felt like
this was a bad movie.
Moments later, the brazen caller returned, at about 65:40 on the tape
(http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicussesswatting-kimberlin). Here is the transcript. Note that at this point on the podcast, the
author of this post had called in:
CALLER: Hey, Pat, buddy, what is this, Lee? Alright. You wingnuts make me
laugh. This is all so funny. I mean, Michelle with her cousin still missing, for
what, her cousin offs herself, thats so funny, I still laugh about that. Hey Pat,
howd that feel when you got SWATted that night? I was watching from outside,
buddy, that was kinda funny, watching your ass go out in handcuffs. (laughter)
LIBERTY CHICK: Your voice sounds kind of funny.
STRANAHAN: Your voice sounds funny, youre talking a little too fast.
CALLER: Oh, Im sorry, am I speaking too fast for you, buddy?
STRANAHAN: Try it slow. Do the whole I shot mydo what you said on the
call. Repeat what you said on the call.
CALLER: What call? I dont know what youre talking about, buddy. I thought
you invited me to talk some serious things here. Or are we not?

Fox News National


Mother, grandparents of 8-year-old boy
nearly starved to death ordered to stand trial
(http://feeds.foxnews.com/~r/foxnews
/national/~3/Qv5OsSEiM9k/)
7 Aug 2014, 3:52 PM PDT

Another suspect charged in border agent's


slaying at center of botched gun-smuggling
probe (http://feeds.foxnews.com
/~r/foxnews/national/~3/_inyOiScQMg/)
7 Aug 2014, 1:38 PM PDT

Man charged with starting 2013 wildfire in


Yosemite National Park, California's
3rd-largest (http://feeds.foxnews.com
/~r/foxnews/national/~3/M9TkYh_24sI/)
7 Aug 2014, 1:34 PM PDT

3 decades after shocking mass suicidemurder, remains of 9 Jonestown bodies


found in Delaware
(http://feeds.foxnews.com/~r/foxnews
/national/~3/g9RuL49_IbI/)
7 Aug 2014, 1:33 PM PDT

Miles away and decades on, Cambodian


Americans relish verdict against Khmer
Rouge leaders (http://feeds.foxnews.com
/~r/foxnews/national/~3/N4J5nZ-xReA/)
7 Aug 2014, 1:04 PM PDT

STRANAHAN: You sound like Sean Penn as Spicoli, thats what you sound
like. But if you could slow it down a little bit, what did you sound like on the call?
CALLER: I dont know, buddy.
FREY: Well, well, tell us why you did it. If youre the guy, tell us why you did it.
(Caller hangs up).
The Michelle to whom the caller callously referred was presumably Michelle Malkin,
whose cousin tragically went missing (http://michellemalkin.com/2011/03/07/missingmarizela-perez/) in March of 2011. During that evenings podcast, Stranahan had
mentioned Malkins recent efforts in bringing exposure to the stories of the SWATtings
and to the alleged broader, prolonged campaign of harassment (http://patterico.com
/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaert-and-theircampaign-of-political-terrorism/) over the course of the last year against a group of
political bloggers. Malkin had also been tweeting (https://twitter.com/michellemalkin
/status/206981083298926594) about Stranahans podcast just moments before the
alleged SWATter called in.

(/System
/Breitbart%20Send%20A%20Tip?page=%2fBigGovernment%2f2012%2f06%2f08%2fEricksonCNN-SWATting)

NEWSLETTER
SUBSCRIBE

One important detail to note: Stranahan scheduled the May 28 podcast spontaneously, in
response to the Erick Erickson incident that same evening. He announced the program on
Twitter only six minutes prior to its start.
The story about the SWATtings and about the alleged broader campaign of harassment

8/7/2014 7:19 PM

CNN Plays 911 Call in Erickson SWATting Case

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

gained traction last week, after one of the targets was recently jailed for violating a peace
8:13-cv-03059-GJH
Document
180-6
Filed
08/11/14
order, which was an Case
unreasonable
restraint of his First Amendment
rights
by a judge
who
thought comment in the public domain constituted harassment. An outcry from the
political blogging and activism community from both sides of the political spectrum
has now prompted intervention from members of Congress. Letters from both Republican
Senator Saxby Chambliss (http://www.breitbart.com/Big-Government/2012/06/06/senchambliss-demands-doj-investigation-of-attacks-against-political-commentators) of
Georgia and Texas Congressman Kenny Marchant (http://marchant.house.gov
/News/DocumentSingle.aspx?DocumentID=298885) have urged the Department of
Justice to investigate the SWATting incidents to determine whether or not federal laws
have been violated.

Page 3 of 6

colorbox&taboola_utm_source=bre itbartcom&taboola_utm_medium=bytaboola&taboola_utm_conte nt=ab_thumbs-2r_ratio-1x1:Bottom M ain Column:)

colorbox&taboola_utm_source =breitbartcom&taboola_utm_me dium=bytaboola&taboola_utm_content=ab_thumbs-2r_ratio-1x1:Bottom M ain Column:)

We Recommend
(http://naturalyn.com/10-celebrities-who-owe-their-smiles-to-cosmetic-dentistry/?utm_source=taboola&utm_medium=cpc&
utm_content=desktop&utm_campaign=naturalyncelebteethdesktop)

10 Celebrities Who Owe Their Smiles to Cosmetic Dentistry


Naturalyn

(http://naturalyn.com/10-celebrities-who-owe-their-smiles-to-cosmetic-dentistry/?utm_source=taboola&utm_medium=cpc&
utm_content=desktop&utm_campaign=naturalyncelebteethdesktop)
(http://www.dermstore.com/lid.php?lid=1871119&utm_source=taboola&utm_medium=referral)

Ditch Your Brow Pencil And Try This!


Dermstore

(http://www.dermstore.com/lid.php?lid=1871119&utm_source=taboola&utm_medium=referral)
(http://www.ancestry.com/s60691/t30379/rd.ashx?utm_source=taboola&utm_medium=referral)

Shocking Last Name Meanings and Origins


Ancestry.com

(http://www.ancestry.com/s60691/t30379/rd.ashx?utm_source=taboola&utm_medium=referral)
(http://thestir.cafemom.com/in_the_news/164013/kate_middletons_bizarre_behavior_at?quick_picks=1&utm_medium=sem2&
utm_source=taboola-s&utm_campaign=taboola-s&utm_content=taboola-s_mar_test&pr=taboola-s&utm_site=breitbartcom)

Kate Middleton's Bizarre Behavior at Event Gets Everyone Talking


Stirring Daily

(http://thestir.cafemom.com/in_the_news/164013/kate_middletons_bizarre_behavior_at?quick_picks=1&utm_medium=sem2&
utm_source=taboola-s&utm_campaign=taboola-s&utm_content=taboola-s_mar_test&pr=taboola-s&utm_site=breitbartcom)
(http://dishwashers.reviewed.com/features/goodbye-granite-the-6-hottest-countertop-finishes?utm_source=TB_paid&
utm_medium=cpc)

Thinking of Selling Your Home? Get Rid of Granite


Reviewed.com

(http://dishwashers.reviewed.com/features/goodbye-granite-the-6-hottest-countertop-finishes?utm_source=TB_paid&
utm_medium=cpc)
(http://wallstcheatsheet.com/entertainment/tv/14-tv-shows-likely-to-get-the-axe-after-this-season.html/?ref=tbla)

14 TV Shows That Are Headed for Cancellation


Wall St. Cheat Sheet

(http://wallstcheatsheet.com/entertainment/tv/14-tv-shows-likely-to-get-the-axe-after-this-season.html/?ref=tbla)

3 of 6

8/7/2014 7:19 PM

CNN Plays 911 Call in Erickson SWATting Case

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

Case 8:13-cv-03059-GJH Document 180-6 Filed 08/11/14 Page 4 of 6

(/Breitbart-TV/2012
/06/08/Conservative-Bloggers-Speak-Out-On-SWATting)
Conservative Bloggers Speak Out On 'SWATting'

4 of 6

8/7/2014 7:19 PM

CNN Plays 911 Call in Erickson SWATting Case

5 of 6

68 Comments

Guest

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

Case 8:13-cv-03059-GJH Document 180-6 Filed 08/11/14 Page 5 of 6

I had no idea CNN was still on the air... and the Federal Government needs to take
away the Militant Departments within the Civilian Police Departments nationwide.
If Police need Military style assistance then the Police need to call the Military.

Guest

This is some of what "stimulus" (future tax) money bought. Why bother the
military when you've got your own drone.

constructionworker

The US military is not an option. It will be a sad day when you see the the US
military used against it's citizens!

Guest

Won the Civil War, Freed the Slaves, Saved the United States of
America.
The U.S. Military, and U.S. Military alone, did all those things by killing
Citizens.

klg1956

Yes, but citizens joined the military forces, they picked sides
(some fought for the north, some south) of their own free will and
this SwatTing is being perpetrated by citizens [left wing idiots]
activists against unsuspecting citizens........(probably with help
from Obama Admin, George Soros, DOJ Eric Holder, e.g.) and if
some right winger gets killed, then it's really funny, right? The left
and progressives are militant and disgusting. It's only terrible if
it's Gabby Giffords, a Democrat, then we're supposed to feel
outraged for shootings.

Guest

Some Fought against the USA, and some fought for the USA.

Guest

Actually they defeated a separate nation in the civil war by killing


enemy soldiers, not citizens. You may not know this, but the
confederacy was a separate nation at the time. They were called
the Confederate States of America, They had their own federal
government, and army, and navy, and even currency. So they
were not killing their own citizens, they were killing former
citizens.

Guest

Battlefield losses on both sides in the Civil War were counted by


the United States Military as American Citizens.
The United States Military being the only authority able to make
the distinction and count the dead.

8/7/2014 7:19 PM

CNN Plays 911 Call in Erickson SWATting Case

http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...

Case 8:13-cv-03059-GJH Document 180-6 Filed 08/11/14 Page 6 of 6

Fox News Politics


Key ObamaCare official likely deleted emails now
sought in House probe (http://feeds.foxnews.com
/~r/foxnews/politics/~3/OlA4CErrIfg/)
7 Aug 2014, 3:32 PM PDT

Records show Obama met just once with Shinseki


during VA scandal (http://feeds.foxnews.com
/~r/foxnews/politics/~3/984xOyPCRQc/)
7 Aug 2014, 2:43 PM PDT

Israeli Prime Minister Netanyahu says militants


need 'to be stopped (http://feeds.foxnews.com
/~r/foxnews/politics/~3/1RSeTHCE1tE/)
7 Aug 2014, 1:59 PM PDT

Dem Sen. Walsh drops out of Montana Senate


race after plagiarism scandal
(http://feeds.foxnews.com/~r/foxnews/politics
/~3/7I1yVZXIiSc/)
7 Aug 2014, 1:38 PM PDT

White House wont commit on stopping potential


genocide in Iraq, but weighing options
(http://feeds.foxnews.com/~r/foxnews/politics
/~3/CtKmXX9c5_w/)
7 Aug 2014, 11:36 AM PDT

Fox News National

Fox News Sports

Mother, grandparents of 8-year-old boy nearly


starved to death ordered to stand trial
(http://feeds.foxnews.com/~r/foxnews/national
/~3/Qv5OsSEiM9k/)

Canadian teen Brooke Mackenzie Henderson


advances to US Women's Amateur quarterfinals
(http://feeds.foxnews.com/~r/foxnews/sports
/~3/5Oy6LQVxtJ0/)

7 Aug 2014, 3:52 PM PDT

7 Aug 2014, 3:20 PM PDT

Another suspect charged in border agent's slaying


at center of botched gun-smuggling probe
(http://feeds.foxnews.com/~r/foxnews/national
/~3/_inyOiScQMg/)

University of Minnesota president wants


Redskins name banned from stadium at Vikings
game (http://feeds.foxnews.com/~r/foxnews
/sports/~3/8P1lusLr87c/)

7 Aug 2014, 1:38 PM PDT

7 Aug 2014, 3:15 PM PDT

Man charged with starting 2013 wildfire in


Yosemite National Park, California's 3rd-largest
(http://feeds.foxnews.com/~r/foxnews/national
/~3/M9TkYh_24sI/)

Bridgewater geared up for game action with


Vikings, as Schaub readies for debut with Raiders
(http://feeds.foxnews.com/~r/foxnews/sports
/~3/jaI74G4vh7o/)

7 Aug 2014, 1:34 PM PDT

7 Aug 2014, 3:14 PM PDT

3 decades after shocking mass suicide-murder,


remains of 9 Jonestown bodies found in Delaware
(http://feeds.foxnews.com/~r/foxnews/national
/~3/g9RuL49_IbI/)

Soup's on: Marcus Harris making an impact so far


at Giants camp (http://feeds.foxnews.com
/~r/foxnews/sports/~3/Gt0AzuydkNw/)
7 Aug 2014, 2:55 PM PDT

7 Aug 2014, 1:33 PM PDT

Miles away and decades on, Cambodian


Americans relish verdict against Khmer Rouge
leaders (http://feeds.foxnews.com/~r/foxnews
/national/~3/N4J5nZ-xReA/)

Nats walk off in 13th on Harper's HR


(http://feeds.foxnews.com/~r/foxnews/sports
/~3/NDepQO2IUrQ/)
7 Aug 2014, 2:28 PM PDT

7 Aug 2014, 1:04 PM PDT

6 of 6

8/7/2014 7:19 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

Case 8:13-cv-03059-GJH Document 180-7 Filed 08/11/14 Page 1 of 11


EXHIBIT F

NEWSFIX

by LIBERTY CHICK (/COLUMNISTS/LIBERTY-CHICK) 11 Oct 2010


40
POST A COMMENT (/BIG-JOURNALISM/2010/10/11/PROGRESSIVES-EMBRACE-CONVICTED-TERRORIST#COMMENTS)

SHARE THIS:

21

This past July, in a formal request


(http://www.velvetrevolution.us/images/GANSLERCOATS_OKEEFE.pdf) it filed with the prosecutors of Maryland
state and the city of Baltimore, a left-leaning organization known
as Velvet Revolution (http://velvetrevolution.us/) urged
prosecutors to press criminal charges against James O'Keefe and
Hannah Giles for what it says was a violation of Maryland's
Wiretapping and Electronic Surveillance Act. But the letter also
went a step further, naming Andrew Breitbart as a conspirator in
masterminding the whole operation
(http://www.velvetrevolution.us/images/GANSLERCOATS_OKEEFE.pdf).
The accusation against Breitbart is of course patently false and baseless. No evidence
exists to even suggest such an accusation, because it simply did not happen that way. Then
again, this story's not about Andrew Breitbart. It's about Velvet Revolution, the source
making the claim.
Progressives are also rallying behind Velvet Revolution for another of its most recent
campaigns AmericanCrossRoadsWatch (http://www.velvetrevolution.us
/acrw/signup.php), which, to the delight of familiar folks like Karoli at Crooks and Liars
(http://crooksandliars.com/karoli/progressives-fight-back-100000-bounty-karl-), has
offered a $100,000 bounty "for information leading to the arrest and conviction of Karl
Rove or any principal of American Crossroads for money laundering, election rigging,
or felony campaign finance violations." It features a WANTED poster:
kimberlin-wanted
Interesting, that the words "felony" and "Wanted" would be used. Again, considering the
source.
You see, while Velvet Revolution has inspired quite a flurry of excitement from its
progressive partners these days, who seem to be frolicking in their apparent muckraking
efforts, their glaring omission and utter hypocrisy is absolutely astonishing. With so much
dirt digging going on, one would be very hard pressed to believe that none of Velvet
Revolution's cheerleaders had any idea whatsoever that a convicted violent felon is one of
its co-founders. In an environment today when the left has repeatedly falsely accused most
opposition of being racist, hateful and violent, how convenient that progressives would fail
to acknowledge the hypocrisy of their own implicit support of real violence and
law-breaking.

More videos:

Obama Flashback: 'We're Leaving


Behind a Sovereign, Stable and
Self-Reliant Iraq'
(http://www.breitbart.com/BreitbartTV/2014/08/07/Obama-FlashbackWere-Leaving-Behind-a-SovereignStable-and-Self-Reliant-Iraq)
534 comments 0 minutes ago

Rare Recess Hearing to Deal with


Ebola Threat (http://cdn.breitbart.com
/Big-Government/2014/08/07/RareRecess-Hearing-to-Deal-with-EbolaThreat)
1126 comments 0 minutes ago

Michelle Obama: 'Women Are Smarter


Than Men' (http://cdn.breitbart.com
/Big-Government/2014/08
/06/Michelle-Obama-WomenAre-Smarter-Than-Men)
3066 comments 5 minutes ago

CDC Refuses to Identify Where


Previous Ebola Tests Originated
(http://www.breitbart.com/Big-Peace
/2014/08/06/CDC-Refusesto-Identify-Where-Previous-EbolaTests-Originated)
2740 comments 1 hour ago

The story behind Velvet Revolution begins with musician-activist turned immigrants'
rights defender turned voting rights activist, Brett Kimberlin
(http://www.independentmusicawards.com/ima/judges/brett-kimberlin/), who also runs

1 of 11

Sarah Palin Gives Conservative


Response to Elizabeth Warren's

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

the "Justice Through Music Project (http://www.jtmp.org/) (JTMP)." According to


Progressive Commandments
Case
8:13-cv-03059-GJH
Document
180-7
Filed
08/11/14
Page 2 of 11
journalist Brad Friedman (http://www.bradblog.com/?p=4617) of the Brad Blog, he and
(http://www.breitbart.com
Kimberlin co-founded Velvet Revolution together, a detail Friedman has specifically
/Big-Government/2014/08/07/SarahPalin-Gives-Conservative-Responsenoted in a number of posts such as this one from 5/31/2007 (http://www.bradblog.com
/?p=4617).
to-Elizabeth-Warren-s-ProgressiveCommandments)
kimberlin-time2 (http://www.time.com/time/magazine/article
178 comments 0 minutes ago
/0,9171,1574161-1,00.html)
Once dubbed "The Wizard of Odd (http://www.time.com/time/magazine/article
/0,9171,1574161-1,00.html)" by Time Magazine, you may recognize the name Brett
Kimberlin for much more than Justice Through Music or Velvet Revolution,
especially if you're from Indiana. That's because in 1981, Kimberlin, then the owner of
vegetarian restaurant Good Earth, was finally convicted of a week-long bombing spree in
Indianapolis, IN in which eight separate bombs caused extensive property damage,
destroyed a police cruiser, and severely maimed a man, which eventually led to the man's
suicide. Kimberlin's story has so often been overlooked or understated by the national
media, which unfortunately all but failed to follow up on what were later proven by the
same journalist who first reported on his story to be mistruths. But locals to IN know
exactly what happened and have never forgotten it since. It's time the public got the full
story.

Fox News National


Another suspect charged in border agent's
slaying at center of botched gun-smuggling
probe (http://feeds.foxnews.com
/~r/foxnews/national/~3/_inyOiScQMg/)
7 Aug 2014, 1:38 PM PDT

Man charged with starting 2013 wildfire in


Yosemite National Park, California's
3rd-largest (http://feeds.foxnews.com
/~r/foxnews/national/~3/M9TkYh_24sI/)
7 Aug 2014, 1:34 PM PDT

Brett Kimberlin, Speedway Bomber


Infamously known as "The Speedway Bomber (http://blogs.indystar.com/starfiles
/2010/09/01/the_phantom_spe/)," Brett Kimberlin exploded his eighth and final bomb
on September 6, 1978, which nearly blew off the right leg of his victim, Carl DeLong, and
seriously injured the man's left leg and right hand, causing his leg to be amputated.
DeLong committed suicide two years later, unable to cope with the pain and devastation of
his injuries. The victim's wife Sandra later won a civil judgment against Kimberlin for $1.6
million.
Police had immediately suspected Kimberlin in the bombing case. He'd been in trouble
since high school, was a suspected drug trafficker and he was already the suspect in a
murder that had occurred only months earlier. As the Indianapolis Star
(http://www.indystar.com/article/99999999/NEWS06/100919013) recounted recently:
On July 29, 1978, Speedway resident Julia Scyphers, 65, answered a knock at her
door. A man she didn't know was standing on her stoop asking about items she'd
recently tried to sell at a yard sale. She let him into the garage to look at the items and
he shot her in the head.

3 decades after shocking mass suicidemurder, remains of 9 Jonestown bodies


found in Delaware
(http://feeds.foxnews.com/~r/foxnews
/national/~3/g9RuL49_IbI/)
7 Aug 2014, 1:33 PM PDT

Miles away and decades on, Cambodian


Americans relish verdict against Khmer
Rouge leaders (http://feeds.foxnews.com
/~r/foxnews/national/~3/N4J5nZ-xReA/)
7 Aug 2014, 1:04 PM PDT

Jenise Wright search: Child's body found


near mobile home park
(http://feeds.foxnews.com/~r/foxnews
/national/~3/s2nbg_ZE7Zo/)
7 Aug 2014, 12:55 PM PDT

Mrs. Scypher's husband, Fred, 68, heard the bang and came out in time to see a car
pulling out of the driveway. He would later tell police he'd gotten a glimpse of the man
who'd come to the door.
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.
Investigators had learned that Sandra Barton's pre-teen daughter had accompanied
Kimberlin, in his 20's, on several out of state trips. When the girl moved in with her
grandmother as a protective measure on the family's part, Kimberlin threatened to commit
suicide.

(/System
/Breitbart%20Send%20A%20Tip?page=%2fBigJournalism%2f2010%2f10%2f11%2fProgressivesEmbrace-Convicted-Terrorist)

NEWSLETTER
SUBSCRIBE

But police still needed to collect more evidence in both the bombing and murder cases.
After he was identified by a store-owner who'd unwittingly sold him the timer for one of
the bombs, Kimberlin was subsequently reported to the U.S. Army by a nearby print shop
owner who had become suspicious when Kimberlin wanted to reproduce military driver's
licenses. And when he returned to that print shop wearing a security guard uniform with

2 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

an illegal Department of Defense insignia, an Army investigator was present to bust him
Case
Document
Filed 08/11/14
for violating the law.
Police8:13-cv-03059-GJH
used the opportunity to obtain
a warrant to180-7
search Kimberlin's
vehicle, where they found the same timers and explosive chemical used in the bombs. A
search of his family's property also turned up a buried steel tank that contained 1,000 lbs
of marijuana. Investigators later found that Kimberlin and some construction workers had
purchased explosives in 1975 to blast away the area so they could bury the tank. Those
explosives were the same as those used in the Speedway bombings.

Page 3 of 11

kimberlin-montage
While police continued to strengthen their case against him for the bombings, Kimberlin
got arrested on drug charges in 1979 in Texas after a plane delivery of 10,000 pounds of
Colombian marijuana went awry. He and several others had been building a makeshift
landing strip in the middle of the desert and rented a small airplane to collect their cargo,
which had been abandoned by its scheduled pilot due to bad weather. When caught during
the drug arrest, police confiscated an arsenal of weapons that included a TASAR (brand
new technology at that time), pistols with silencers, AR15 rifles, poison tipped bullets, and
makeshift security guard uniforms.
The incident gave investigators additional time to piece together more evidence from the
bombing case, as well as the details of the murder case in which Kimberlin was a suspect.
Eventually, in three separate trials, Kimberlin was convicted of the bombings and
sentenced to a fifty-year term of imprisonment for manufacturing and possessing a
destructive device, and malicious damage by explosives with personal injury. He received a
concurrent twelve-year sentence for impersonating a federal officer, illegal use of a
Department of Defense insignia, and illegal use of the Presidential Seal, and a five-year
term for receipt of explosives by a convicted felon. He was also given a four-year sentence
by the United States District Court for the Southern District of Texas on an earlier,
unrelated conviction for conspiracy to distribute marijuana. Kimberlin's sentences were
aggregated by the Bureau of Prisons and treated by the Commission as a single aggregate
sentence of 51 years, six months, and nineteen days (http://ftp.resource.org/courts.gov
/c/F3/7/7.F3d.527.92-6084.html).
The Scyphers murder case however has remained open. One suspect was identified and
charged at the time, but the victim's husband, the only witness in the case, died of cancer
two weeks later, leaving the authorities without a living witness.
Despite the evidence (http://indystar.com/assets/pdf/BG164276919.PDF) authorities
were gathering, Kimberlin never would be formally charged with the murder. Still, he did
serve nearly 17 years in prison for both the bombings and the drug case. After the
conviction, more details were revealed about the case that unraveled a complex and creepy
series of additional crimes that Kimberlin planned against numerous targets, most notably
the chief government prosecutor, Bernard (Buddy) Pylitt, who happened to have political
ambitions for governor. Indianapolis Star reporter Joseph Gelarden (http://indystar.com
/assets/pdf/BG164276919.PDF) thoroughly documented the entire plot based on
information and documents that were provided by the investigators after Kimberlin's
conviction. It reads like a fictional made for TV movie, complete with a hit list of "six to be
killed, two or three to be roughed up and one or two to be robbed," according to the article
(http://indystar.com/assets/pdf/BG164276919.PDF).
indystar2 (http://indystar.com/assets/pdf/BG164276919.PDF)
During his time in prison, Kimberlin certainly made a name for himself in a variety of
other ways. His claim to fame as "the guy who said he sold pot to Dan Quayle" eventually
hoisted him into the fictional character of political prisoner and supposed "victim" of the
Republican establishment, a character the left was all too eager to create just before the
presidential election of the senior George H. W. Bush. And while the pot-smoking
allegations were later dismissed by the public as fiction, Kimberlin continues to this day to
recycle that myth to the left.
As the Indianapolis Star (http://blogs.indystar.com/starfiles/2010/09
/02/the_bomb_that_m/) recounted on September 2, 2010:

3 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

Five years later, in 1988, Kimberlin vaulted himself into the national news when he
Case
Document
08/11/14
claimed hed once
sold8:13-cv-03059-GJH
pot to Dan Quayle, then a U.S.
Senator and180-7
candidateFiled
for vice
president. Quayle vehemently denied the charge and Kimberlin produced no proof
except his own word, which wasnt worth much to those who knew this story. But
most people outside of Indiana had never heard of Kimberlin and the national
political press gave it some play for a while.

Page 4 of 11

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.
Where is he now? Last we heard he was living in Bethesda, Maryland.
And living in Bethesda, Maryland he is. So what's Kimberlin doing today?
After Prison: Brett Kimberlin, Progressive Activist
Before being returned to prison in 1997 for violating his parole, Kimberlin had been
lobbying Capitol Hill in 1994 (http://articles.chicagotribune.com/1994-03-13/features
/9403130267_1_brett-kimberlin-prison-convicted) on behalf of a fellow prisoner friend,
David Sushansky (http://articles.chicagotribune.com/1994-03-13/features
/9403130267_1_brett-kimberlin-prison-convicted), an illegal immigrant of the former
Soviet Union, using his new-found fame to wrangle top legal support for Sushansky's
"rights" as he waited in limbo in an INS detention camp. Sushansky's former country
refused to take him back due to his heroin conviction.
Having been released from prison again in 2001, Kimberlin now runs the Justice Through
Music Project (http://www.jtmp.org/) (JTMP), which describes itself as "an organization
that works with famous bands to inspire youth to participate in the political process by
voting and supporting civil rights." IRS records identify JTMP as a community foundation
(http://bestpractices.cof.org/community/ViewStandard.cfm?itemNumber=901) "which
receives a substantial part of its support from a governmental unit or the general public
170(b)(1)(A)(vi)," under the classification of "Voter Education and Registration."
According to its most recent 990 Tax-Exempt Organization filing
(http://dynamodata.fdncenter.org/990_pdf_archive/270/270051467
/270051467_200812_990EZ.pdf) for 2008, on which Kimberlin is listed as a director,
JTMP has received a total of over $1.3 million in public gifts and grants since 2005 for
these efforts.
kimberlin-JTMP1
As we know, Kimberlin also co-founded Velvet Revolution (http://velvetrevolution.us/)
with Brad Friedman of BradBlog (http://www.bradblog.com/). This organization is
funded by, among others, the notable Tides Foundation (http://www.tidesfoundation.org
/fileadmin/tf_pdfs/Tides-Foundation-List-of-Grantees-2009.pdf). By 2007, Kimberlin
had received notoriety as an "election and campaign reform activist," monitoring voting
processes and raising electronic tabulation issues. He runs the very organization that
today is demanding the prosecution of Andrew Breitbart, Karl Rove, and many others who
happen to oppose progressive policy, while often basing accusations on little else than
opinion.
Between the time he was released from prison and today, Kimberlin has been involved in a
number of progressive causes through his organizations. Among these are election and
campaign finance reform, electronic voting investigation, immigration rights, anti-war
activism, and a variety of other civil rights causes.
Together with other progressives, Kimberlin's Velvet Revolution even championed the call
to investigate the death of Michael Connell (http://www.velvetrevolution.us
/prosecute_rove/) as a potential homicide. Connell, a former IT consultant for Karl Rove
who'd also developed Internet strategies for the 2000 and 2004 Bush-Cheney campaigns,
was killed in December 2008 when the plane he was piloting alone crashed on his way
home to Ohio from Washington DC. Velvet Revolution and other progressive sites like
BradBlog (http://www.bradblog.com/?p=6765) have insisted it was a deliberate act of
sabotage to protect White House "secrets." Official NTSB reports
(http://www.cantonrep.com/news/x690800544/Errors-weather-cited-as-factors-in-Dec-

4 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

2008-fatal-plane-crash) eventually showed that there was no evidence of sabotage, and


Case
8:13-cv-03059-GJH
180-7 Filed 08/11/14
cited the pilot's spatial
disorientation
as the cause of theDocument
crash.

Page 5 of 11

Some progressives maintain to this day that Kimberlin was persecuted by a Republican
conspiracy hell-bent on silencing him from speaking to the press about his allegations that
he sold Dan Quayle pot. It's conspiracy theory that has since been spun into urban legend.
But court records from the US Court of Appeals, Sixth Circuit (http://ftp.resource.org
/courts.gov/c/F3/7/7.F3d.527.92-6084.html) clearly spell out the truth.
As for Kimberlin's allegations about Vice President Quayle supposedly creating an
appearance of political vindictiveness in the Commission's decisions, the district
court correctly concluded that Kimberlin, not the Commission, created
this appearance. He has neither proven nor alleged that the Commission's
decisions were actually influenced in any way by his statements about the Vice
President--indeed, Kimberlin's counsel did not mention Quayle during oral argument.
In the absence of proof or an allegation of actual vindictiveness, no lawful basis exists
to set aside the Commission's sentence. Alabama v. Smith, 490 U.S. 794, 799-800,
109 S.Ct. 2201, 2204-2205, 104 L.Ed.2d 865 (1989) (where Pearce presumption does
not apply, burden remains upon defendant to prove actual vindictiveness). Were it
otherwise, any prisoner could make public accusations prior to a Commission's
decision, and then argue that the decision was tainted by an appearance of
vindictiveness.
Supporters insist that Kimberlin was exonerated under a "special secret deal" of some sort
with the Justice Department then his parole revoked as a conspiracy by Karl Rove and the
first Bush administration to keep Kimberlin quiet. The truth of the matter is that
Kimberlin's parole was revoked in 1997, as noted earlier, because he refused to make
payments on the DeLong judgment in relation to the Speedway bombings. No
such exoneration exists.
Much of this history and Kimberlin's creative imagination is captured in the book by Mark
Singer, "Citizen K: The Deeply Weird American Journey of Brett Kimberlin
(http://www.amazon.com/Citizen-Deeply-American-Journey-Kimberlin
/dp/0679429999)." Singer, who initially believed Kimberlin's story and reported on his
claims to have sold marijuana to Dan Quayle while a student in law school, eventually
realized he'd been conned and wrote a repentant book in response. Kimberlin also
received a portion of the advance for the book. In a review for Salon, Charles Taylor
(http://search.barnesandnoble.com/Citizen-K/Mark-Singer/e/9780679429999) summed
up the book as follows:

5 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

The farce Mark Singer describes in Citizen K might be called a journalist's version of
8:13-cv-03059-GJH
Document
180-7bonds
Filed
the Stockholm Case
Syndrome,
the psychological phenomenon
where captive
with08/11/14
captor. The irony in this case is that Singer's "captor" was himself a prisoner, Brett
Kimberlin, a suspected murderer and bomber and a convicted pot smuggler and
dealer. In the weeks before George Bush's 1988 election, Kimberlin told the press that
one of his early '70s customers was then-law-student "Danny" Quayle.

Page 6 of 11

In 1992, Singer, a New Yorker staff reporter, wrote a 22,000-word article for the
magazine detailing Kimberlin's claims that Bureau of Prisons officials had denied his
constitutional rights by preventing him from making his claims about Quayle to the
press. The article led to the deal for this book, a deal that gave Kimberlin a cut of the
profits. But, as Singer investigated his subject's drug-running past - and
transformation into a jailhouse lawyer with a prodigious taste for litigation as well as a
would-be player on the national political scene - he felt a dawning certainty that he
had been had.
Citizen K - the title refers both to Kimberlin's view of himself as Kafkaesque victim
and to his talent for the noble posturing of Charles Foster Kane - is a very sly piece of
work. It's not often that journalists, the most defensive of professionals, admit to
being conned. Singer alerts us from the start that there's something off in Kimberlin's
stories, but by allowing him the room to spin his tales, he lets us experience
Kimberlin's seductive powers. Singer's public revelation that he was a willing sucker
will almost surely prompt other journalists to claim that they would never have been
fooled. But his demonstration of how easy it is to be taken in by a master prevaricator
like Kimberlin should also make them uncomfortable. Here is a con man who can
convert every evidence of his guilt into proof of his innocence, who can flatter the
press and lawyers who take up his case that they are serving not only their profession
but American justice
Repudiation?
Today, the impact of Kimberlin's influence can easily be seen online in progressive
initiatives. He's often praised for his efforts to bring about peace in the world, his anti-war
song/video "Happy Springtime: Bush is Over (http://www.youtube.com
/watch?v=Jco4etlHwaE)" frequently touted on progressive websites. Be sure to note the
"BrettSongs/Innocent Music" credit at the end. (Does anyone else see the irony in this?)

If you take a look at the AmericanCrossRoadsWatch (http://www.velvetrevolution.us


/acrw/signup.php) website, an initiative of Kimberlin's and Brad Friedman's Velvet
Revolution that intends to intimidate the right-leaning political advocacy organization
American Crossroads (http://americancrossroads.org/), you'll see that its partners include
notable groups like StopTheChamber.com (http://stopthechamber.com/), an
anti-Chamber of Commerce group initiated by Change to Win
(http://www.changetowin.org/) unions, and Democrats.com (http://democrats.com/),
among many others. The buzz of going after these Velvet Revolution targets has got
everyone from Rachel Maddow (http://www.americancrossroadswatch.org
/index.php?q=node/62) to David Axelrod (http://politifact.com/truth-o-meter

6 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

/statements/2010/sep/28/david-axelrod/david-axelrod-independent-groups-behindCase
8:13-cv-03059-GJH
Document
180-7 as Filed
ads-attack/) jumping
on the
bandwagon to try and expose
what they perceive
the evil,08/11/14
scary "Shadow RNC."

Page 7 of 11

ACW (http://www.americancrossroadswatch.org/index.php?q=node/62)
So how is it that 18 years later, here we are again, the media, and now the blogosphere, are
being fooled by the same character? While the left falsely accuses the Tea Party and similar
groups of being racist and violent, here they have organizations founded by a convicted
terrorist leading progressive campaigns that are smearing the right, once again.
Has anyone in the mainstream media or in the progressive blogosphere bothered to take
notice that this infamous character who once fooled noted journalists into launching a
false right-wing smear campaign is now at the center of a number of progressive
campaigns to stifle the right?
Is anyone challenging the popular progressive bloggers from sites such as Crooks and
Liars (http://crooksandliars.com/karoli/progressives-fight-back-100000-bounty-karl-)
and BradBlog (http://www.bradblog.com/?p=4617) who have been riding the coattails of
Kimberlin while at the same time hiding behind the anonymity of his organizations'
names? While some have pushed stories that have been suspected to have been sourced by
Kimberlin, the media turns a blind eye to this individual's long, criminal history of lying
and spinning tall tales. Perhaps we should be revisiting some of those stories and their
sources.
And how about the famous bands and musicians (http://www.jtmp.org/) who team up
with his organizations? Are they even aware of Kimberlin's history?
Why are notable left wing philanthropy organizations like The Tides Foundation
(http://www.tidesfoundation.org/fileadmin/tf_pdfs/Tides-Foundation-List-of-Grantees2009.pdf) (which also funds Media Matters) funding a group associated with a
convicted domestic terrorist?
tides2 (http://www.tidesfoundation.org/fileadmin/tf_pdfs/Tides-Foundation-List-ofGrantees-2009.pdf)
While the left-wing media spends countless hours of its production time trying to create
the picture of impropriety around topics like American Crossroads and Andrew Breitbart,
why not spend even just one hour researching the groups accusing such impropriety?
Will anyone come out and repudiate their association with a convicted terrorist? In the
end, this isn't so much about Kimberlin, but about the hypocrisy of the left.
And of course, what must the citizens of Indianapolis think about Kimberlin's recent
success, all of the money his organizations have been awarded by donors who seemingly
embrace a convicted criminal who caused their community such devastation and
heartache? What must DeLong's family think? In 2007, when Time Magazine featured
Kimberlin in its "Wizard of Odd Story," noted Indianpolis Star reporter Joe Gelarden
(http://indiana.typepad.com/fwob/2007/01/subject_of_time.html), who closely covered
all of the Kimberlin cases in great detail at the time, had something to say
(http://indiana.typepad.com/fwob/2007/01/subject_of_time.html) about the public's
embrace of Kimberlin:

7 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

Brett Kimberlin is a terrorist. While I firmly believe in the doctrine of redemption and
Case 8:13-cv-03059-GJH
Document
180-7
conversion, I remember
a few things about Brett that
give me great
pause. Filed 08/11/14

Page 8 of 11

First, he was convicted of perjury - in federal court - before he got out of high school.
Think about that for a moment.
Second, he was not convicted of smoking a couple of joints when he was in high
school. He was a major drug dealer who officials believe got into terrorism to throw
officials off the trail of a murder.
Third, he planted a series of bombs in Speedway, Indiana that not only endangered a
lot of lives, but, when a guy bent over to pick up a gym bag in a school parking lot Carl DeLong just wanted to turn in the bag to the school because he thought it
contained a pair of $50 sneakers - it exploded.
The blast shattered DeLong's body and that of his lovely wife Sandra.
These assertions are not just words on some blog, they are in the record of the state
and federal courts
I think that pretty much says it all, from a respectable Indianapolis journalist who lived
through the story himself.
Follow the entire Kimberlin history as it happened at the Indianapolis Star:
"The Speedway Bomber Part 1 (http://www.indystar.com/article/99999999/NEWS06
/100919012)" and "Part 2 (http://www.indystar.com/article/99999999/NEWS06
/100919013)."
"Kimberlin Guilty; Could Get 230 Years" - The Star, 10/16/1981 (http://www.indystar.com
/assets/pdf/BG164275919.PDF)
"Kimberlin case a maze of murder, deceit" - The Star, 10/18/1981
(http://www.indystar.com/assets/pdf/BG164276919.PDF)
"Kimberlin Gets 50 More Years" - The News, 12/30/1981 (http://www.indystar.com
/assets/pdf/BG164277919.PDF)
"Mystery Still Clouds Kimberlin Case" - The News, 12/31/1978 (http://www.indystar.com
/assets/pdf/BG164278919.PDF)

=colorbox&taboola_utm_source=breitbartcom&taboola_utm_medium=bytaboola&taboola_utm_conte nt=ab_thumbs-2r_ratio-1x1:Bottom M ain Column:)

colorbox&taboola_utm_source =bre itbartcom&taboola_utm_medium=bytaboola&taboola_utm_content=ab_thumbs-2r_ratio-1x1:Bottom M ain Column:)

We Recommend
(http://naturalyn.com/10-celebrities-who-owe-their-smiles-to-cosmetic-dentistry/?utm_source=taboola&utm_medium=cpc&
utm_content=desktop&utm_campaign=naturalyncelebteethdesktop)

10 Celebrities Who Owe Their Smiles to Cosmetic Dentistry


Naturalyn

(http://naturalyn.com/10-celebrities-who-owe-their-smiles-to-cosmetic-dentistry/?utm_source=taboola&utm_medium=cpc&
utm_content=desktop&utm_campaign=naturalyncelebteethdesktop)
(http://www.dermstore.com/lid.php?lid=1871119&utm_source=taboola&utm_medium=referral)

Ditch Your Brow Pencil And Try This!


Dermstore

(http://www.dermstore.com/lid.php?lid=1871119&utm_source=taboola&utm_medium=referral)
(http://www.pressroomvip.com/child-celebs-who-grew-up-and-turned-out-to-be-good-looking/?utm_source=taboola&
utm_medium=breitbartcom)

Child Celebs Who Grew Up and Turned Out to Be Good Looking


PressroomVIP

(http://www.pressroomvip.com/child-celebs-who-grew-up-and-turned-out-to-be-good-looking/?utm_source=taboola&
utm_medium=breitbartcom)
(http://movieseum.com/10-things-you-never-noticed-about-your-favourite-disney-movies/?utm_source=taboola&

8 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

utm_medium=referral&utm_campaign=pc&utm_content=breitbartcom)

Case
10 Hilarious Hidden
Jokes8:13-cv-03059-GJH
in Disney Movies

Document 180-7 Filed 08/11/14 Page 9 of 11

Movieseum

(http://movieseum.com/10-things-you-never-noticed-about-your-favourite-disney-movies/?utm_source=taboola&
utm_medium=referral&utm_campaign=pc&utm_content=breitbartcom)
(http://www.instyle.com/instyle/package/transformations/photos/0,,20290120_1048265_30165446,00.html?xid=taboola)

Angelina Jolie's Changing Looks


InStyle.com

(http://www.instyle.com/instyle/package/transformations/photos/0,,20290120_1048265_30165446,00.html?xid=taboola)
(http://www.wealthfront.com/c/&type=Taboola&campaign=other48statesetfschwabdesktop&content=etf-next-schwab/to/etf
/sections/features/22184-wealthfronts-nash-on-being-the-next-schwab.html)

Why Wealthfront is Poised to Be the Next Charles Schwab


ETF.com

(http://www.wealthfront.com/c/&type=Taboola&campaign=other48statesetfschwabdesktop&content=etf-next-schwab/to/etf
/sections/features/22184-wealthfronts-nash-on-being-the-next-schwab.html)

9 of 11

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist


40 Comments

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

Case 8:13-cv-03059-GJH Document 180-7 Filed 08/11/14 Page 10 of 11

Zilla of the Resistance

Quoted & linked here:


http://marezilla.com/2012/05/v...
Dear Liberty Chick,
I am sorry that more people were not aware sooner of what this terrorist cretin has
been doing, but it looks like there will be an army of us working to take him down for
good now. Thank you for providing this excellent resource on that horrible "man"'s
background! God bless you.

Evi L. Bloggerlady

Who is Brett Kimberlin?


Hint: Think the opposite of "Who is John Galt"

BarackMugabe

Famous heroes of the left:


Mao
Hugo
Che
Stalin
Ted Kennedy
OJ
Robert Byrd (aka, the "Democrat Conscience of the Senate")
Fidel
Rodney King
Bill Ayers
Leftists are freaks.
FREE MUMIA!

pscully17

After reading this and theblaze.com, it is utterly.apparent that a violent end to


this mans life would be highly acceptable! The article focuses on the tactics, but
the real monstrosity here is, the legal system is severely broken. This guy is not
of civil reason, therefore, he must, and I say, it is likely that very soon, kimberlin
will be snuffed.

Michael Ferguson

Can't his parole be revoked if he is convicted of even a minor


harassment charge? If he was convicted in 1981 he should still be on
parole right, where is his parole officer and why hasn't any of this been
pointed out to him?

Not My Goodies

10 of 11

Michael Deaver,
Reagans Chief of Staff, was convicted of lying to both a
congressional
committee and to a federal grand jury about his lobbying activities
after he left the government. He received three years probation
and was
fined $100,000 after being convicted for lying to a congressional

8/7/2014 7:07 PM

Flashback: Progressives Embrace Convicted Terrorist

http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...

Case 8:13-cv-03059-GJH Document 180-7 Filed 08/11/14 Page 11 of 11

Fox News Politics


Records show Obama met just once with Shinseki
during VA scandal (http://feeds.foxnews.com
/~r/foxnews/politics/~3/984xOyPCRQc/)
7 Aug 2014, 2:43 PM PDT

Israeli Prime Minister Netanyahu says militants


need 'to be stopped (http://feeds.foxnews.com
/~r/foxnews/politics/~3/1RSeTHCE1tE/)
7 Aug 2014, 1:59 PM PDT

Dem Sen. Walsh drops out of Montana Senate


race after plagiarism scandal
(http://feeds.foxnews.com/~r/foxnews/politics
/~3/7I1yVZXIiSc/)
7 Aug 2014, 1:38 PM PDT

White House wont commit on stopping potential


genocide in Iraq, but weighing options
(http://feeds.foxnews.com/~r/foxnews/politics
/~3/CtKmXX9c5_w/)
7 Aug 2014, 11:36 AM PDT

Fox News National

Fox News Sports

Another suspect charged in border agent's slaying


at center of botched gun-smuggling probe
(http://feeds.foxnews.com/~r/foxnews/national
/~3/_inyOiScQMg/)

Canadian teen Brooke Mackenzie Henderson


advances to US Women's Amateur quarterfinals
(http://feeds.foxnews.com/~r/foxnews/sports
/~3/5Oy6LQVxtJ0/)

7 Aug 2014, 1:38 PM PDT

7 Aug 2014, 3:20 PM PDT

Man charged with starting 2013 wildfire in


Yosemite National Park, California's 3rd-largest
(http://feeds.foxnews.com/~r/foxnews/national
/~3/M9TkYh_24sI/)

University of Minnesota president wants


Redskins name banned from stadium at Vikings
game (http://feeds.foxnews.com/~r/foxnews
/sports/~3/8P1lusLr87c/)

7 Aug 2014, 1:34 PM PDT

7 Aug 2014, 3:15 PM PDT

3 decades after shocking mass suicide-murder,


remains of 9 Jonestown bodies found in Delaware
(http://feeds.foxnews.com/~r/foxnews/national
/~3/g9RuL49_IbI/)

Bridgewater geared up for game action with


Vikings, as Schaub readies for debut with Raiders
(http://feeds.foxnews.com/~r/foxnews/sports
/~3/jaI74G4vh7o/)

7 Aug 2014, 1:33 PM PDT

7 Aug 2014, 3:14 PM PDT

Miles away and decades on, Cambodian


Americans relish verdict against Khmer Rouge
leaders (http://feeds.foxnews.com/~r/foxnews
/national/~3/N4J5nZ-xReA/)

Soup's on: Marcus Harris making an impact so far


at Giants camp (http://feeds.foxnews.com
/~r/foxnews/sports/~3/Gt0AzuydkNw/)
7 Aug 2014, 2:55 PM PDT

7 Aug 2014, 1:04 PM PDT

San Francisco political candidate campaigns in


the nude in Times Square
(http://feeds.foxnews.com/~r/foxnews/politics
/~3/3gHD-0kBelk/)
7 Aug 2014, 10:56 AM PDT

Jenise Wright search: Child's body found near


mobile home park (http://feeds.foxnews.com
/~r/foxnews/national/~3/s2nbg_ZE7Zo/)

Nats walk off in 13th on Harper's HR


(http://feeds.foxnews.com/~r/foxnews/sports
/~3/NDepQO2IUrQ/)
7 Aug 2014, 2:28 PM PDT

7 Aug 2014, 12:55 PM PDT

11 of 11

8/7/2014 7:07 PM