Just before he began his most recent campaign of lawfare, The Dread Deadbeat Pro-Se Kimberlin warned Patterico that he had filed “over a hundred lawsuits,” and that one more would be a problem for him. He was wrong that further lawsuits wouldn’t be a problem—he sued the wrong folks. But it is true that he had filed lots of LOLsuits, most of them frivolous, and almost all of them losers. The TKPOTD from five years ago today dealt with one of the silliest.

* * * * *

In November, 1997, Brett Kimberlin filed a complaint because the Bureau of Prisons would not allow him to play music on an electric guitar. An amendment in the Budget Act had banned the use of electric and electronic instruments in prisons except during worship services. The U. S. District Court in D. C. decided his case (in favor of the BOP) in late May, 2001, just a couple of weeks before his second release. The following is from the court’s decision [Kimberlin and Rice v. U. S. Department of Justice and Bureau of Prisons, 318 F.3d 228 (2003)]:

Plaintiffs assert that an acoustic guitar is not equivalent to an electric guitar. According to plaintiff Kimberlin, it is impossible for him to play his songs on an acoustic guitar. He is not able to make long, sustained notes. Also, he cannot perform a technique called “vibrato” because the strings on an acoustic guitar will not bend or sustain like those on an electric guitar.
…
Notwithstanding, BOP has not prohibited all musical expression, only the use of electrical instruments. An active music program and other informal means of musical expression still exist. Plaintiffs contend that an electric guitar is essential to their musical expression. Thus, they argue, banning this instrument is an absolute ban on their musical expression. Plaintiffs are incorrect in asserting that music created by an electric instrument is a distinct expression protected by the First Amendment. This Court has not found, and plaintiffs do not cite, any cases addressing this proposition. Accordingly, the issue is whether BOP’s policy impermissibly limits a prisoner’s First Amendment right to express himself through music by banning one of several mediums by which a prisoner can musically express himself.
…
Plaintiffs argue that to require them to express themselves musically on an acoustic instrument would be akin to requiring rap musicians to sing ballads, or Muslim prisoners to attend Catholic religious services. Plaintiffs insist that they cannot perform their music on acoustic instruments.

Plaintiffs are free to express themselves musically using other instruments, such as an acoustic guitar. Like the prisoners in Amatel, plaintiffs are only limited, not deprived. They can perform music written for an electric guitar on an acoustic guitar. This is not the same as expression on an electric instrument, but it is certainly an alternate to such expression. Moreover, plaintiff Kimberlin has stated that he has written a song which he can hear in his mind, but cannot perform, edit, polish, or get feedback. He may discuss the notes, lyrics, and ideas with others as a means of expressing himself through his music and getting feedback. Again, this is not the same as playing the electric guitar, but it is an alternate that allows him to express himself musically.

Well, like a group of real musicians once said:

No, you can’t always get what you want,
But if you try sometime, you just might find
You get what you need.

* * * * *

Although the issue was never raised, another reason to prevent TDPK from having an electric guitar while in prison would be to forestall Eighth Amendment claims from other prisoners.

Failing musicianship is a common characteristic among many members of Team Kimberlin. Very Ordinary Seaman Ferguson has never had much success peddling his sub-aetha schtick. Cabin Boy Bill Schmalfeldt’s song parodies are usually the low point of his podcast demo du jour. And, as the TKPOTD from four years ago today noted, The Dread Deadbeat Performer Kimberlin’s lack of talent has stunted his musical ambitions.

* * * * *

Brett Kimberlin has wanted a successful music career for decades. The Gentle Reader can find his music videos lurking on YouTube and see why success has eluded him. On page 354 of Citizen K: The Deeply Weird American Journey of Brett Kimberlin, Mark Singer quotes Brett Kimberlin as saying:

My lyrics are very potent, and they’ll touch a lot of people. I see myself as being in the Phil Collins mold more than, say, in the Michael Jackson mold. I can’t be fake that way. I have to be real.

Certainly, Kimberlin does not rise to Michael Jackson’s stature …

* * * * *

Also, none of them seem to have had much success with a day job either.

Hmmmm.

Being in a band is really great when you’re 20. When you’re 30, it’s kind of ‘Spinal Tap,’ and when you’re 40, it’s just pathetic.

—Mark Mothersbaugh

The Dread Deadbeat Performer Kimberlin’s music has been a subject of pointage, laughery, and mockification at this blog for years. The TKPOTD from five years ago today is an example.

* * * * *

Brett Kimberlin has had a desire for a career in the music business for decades. Between his first release from prison on his bombing sentence and when his parole was revoked, he tried to make it as a rock musician. Mark Singer tells of how he started Brettsongs, a publishing company, and put together a demo tape and promotional package.

Brett is American; he grew up on rock and roll in a musical family. At odds with the right-wing Administration during the 1980’s, he was jailed as a political prisoner. While there, he experienced first-hand suffering of the underclass and the cynicism of governments. He became a champion for those less fortunate and rose above the evil around him.

It was while in prison that Brett wrote 29 “Songs of Passion.” These songs will resonate in the hearts of people throughout the world because of their insight, honesty and directness. Moreover, many of them will, through controversy, raise the consciousness  of people everywhere. Brett’s combination of social conscience and anger, as represented  in the songs, brings comparisons to Lennon and Sting.

—”Song of Passion” Promotional Package quoted in Citizen K, p.306

I don’t know that I have ever heard any of those 29 song, so I can’t say how they resonate, but there were several items in that puff piece that struck a chord with me. The chord contained a flatted fifth.

Political prisoner? Not really. Brett Kimberlin was convicted of smuggling dope and bombing charges. I don’t care what country in the world you pick; get caught doing either of those things, and you’ll spend a long time in jail—if they don’t execute you.

Raise the consciousness … Oh, goodness! That’s a feminist term that was spun out of the Marxist idea of false consciousness.

Comparisons to Lennon and Sting? Perhaps, but certainly not favorable ones.

OK, it’s an advertising piece, and it’s puffery, but … oh, never mind.

* * * * *

A legend in his own mind, but a false narrative nonetheless.

A composer is a guy who goes around forcing his will on unsuspecting air molecules, often with the assistance of unsuspecting musicians.

—Frank Zappa

One common characteristic among the members of Team Kimberlin is a lack of musical talent. Rather than admit his inadequacy, The Dread Deadbeat Performer Kimberlin has tried to sue some of us who have commented on his musicianship. The TKPOTD from four years ago today dealt with his claim in his RICO Madness LOLsuit that my codefendants and I had tried to ruin his career.

* * * * *

The Dread Pro-Se Kimberlin tries to claim that my 21 codefendants and I did all sorts of mean things to him to ruin his business. This is from paragraph 265 of his second amended complaint in the Kimberlin v. The Universe, et al. RICO Madness.Now, it is true that I have written a negative review of his musicianship.

Review: “Nothing Else” by Epoxy (#BrettKimberlin)

Originally posted on 17 July, 2012

Back in 2002, Brett Kimberlin fronted a band named Epoxy and released a CD called Nothing Else. The story he spun promoting the album was that it contained songs that he had written while he was being held as a political prisoner in the federal prison system.

The band consisted of Brett Kimberlin on guitar and vocals, Wade Matthews on Bass, and Robbie White on Drums. The genre of the album is someplace between grunge and punk, neither of which are among my favorite musical forms.

Let me first comment on Mr. Kimberlin’s voice. I had heard his speaking voice in court, and I understand why some people refer to it as whinny. His singing voice reminds me of the silly voice that Weird Al uses on tracks such as Eat It. Mrs. Hoge, who listened through the CD with me, said, “Eddie Haskell.” On most of the tracks his voice was off key, usually flat.

Most of the songs could have been filler tracks on a generic grunge album. Some of the alienation in them seems to be more appropriate for a 17 year old, not someone 30 years older. Mr. Kimberlin was in his late 40s when the recording was made. However, three of the songs stood out. Vicegrip was actually interesting musically. Donuts had clever lyrics. It’s about lousy prison food and would probably get a nod of approval from G. Gordon Liddy.

Then there’s the last cut Keyhole. It was outstandingly bad. Mrs. Hoge and I met while we were in the music business, and during her career as a recording engineer, she recorded more gold and platinum records than I did. Her comment was, “If you’re gonna mike a guitar that close, you should use a better guitar and make sure it’s in tune. And get a better guitar player.”

While he didn’t do especially well with the acoustic guitar on Keyhole, Brett Kimberlin is actually a reasonably good guitarist. He probably couldn’t cut it in Nashville or LA, but could make a living in a minor market (such as Seattle) or playing the Holiday Inn circuit. Indeed, the world would be a better place if he did ignore the usual advice and give up his day job.

Nothing Else by Epoxy (Pollen Records, $16.04 from Amazon) is interesting because of who recorded it, but I can’t honestly recommend it for the musical experience it offers.

The CD is no longer reliably available on Amazon

.* * * * *

The original publication of that review resulted in Hogewash!‘s first Instalanche. There were probably more hits on that review over the next couple of days than on the jtmp dot org website for the next year.

The Dread Deadbeat Pro-Se Kimberlin’s plan for brass knuckles reputation management wasn’t any better than his music.

I’d like to say “thank you” on behalf of the group and ourselves and I hope we passed the audition.

—John Lennon

The Queen of Soul has died.

… and neither is Corey Booker, but Carlos Acosta did an excellent job in the title role in a production of Khachaturian’s ballet by the Bolshoi Ballet recorded in 2008 in the Paris Opera’s Palais Garnier.

It’s available on Blu-ray or DVD from Amazon.

Music is the arithmetic of sounds as optics is the geometry of light.

—Claude Debussy

Extraordinary how potent cheap music is.

—Noel Coward

Six years ago today, I published a post about the person who was listed as the Executive Director of the Kimberlin not-for-profits, Justice Through Music Project and Velvet Revolution US (now renamed Protect Our Elections/EMPR Inc.). The post was titled Dread Pirate #BrettKimberlin’s Boss’ Day Job.

* * * * *

Court records show an email address for a Jeffrey R. Cohen who has the same street address as Justice Through Music Project. That email address is associated with the law firm of Millen, White, Zellano & Branigan. The firm’s web site gives this information about Mr. Cohen:

Our entertainment practice focuses on music, film and television. Because of our intellectual property expertise, we understand not only the finer points of contract terms but also the significance of the intellectual property issues at hand. Jeff Cohen heads this practice group. Jeff owns Sumerian Records and is a partner in an entertainment management company Outerloop Management.

Here are links about Sumerian Records and Outerloop Management.

Hmmmm.

* * * * *

Shortly after that post went up, it received this comment.Here was my reply.

As Bill Schmalfeldt likes to point out, 29 October, 2012, was the day Hurricane Sandy came ashore. Over the next couple of days, I was working with our local ham radio club in support of the shelters that been opened because of the weather. While at one of the shelters I shared the story of this lame SWATting threat with several deputies who it turned out were scheduled to work the evening shift on Halloween. We agreed that I’d have Halloween goodies set aside for them to take home to their kids if they were called to my house.

Of course, the person making the threat chickened out. Cowardly cowards gotta cower.

Musica est exercitium arithmeticae occultum nescientis se numerare animi. Music is a hidden arithmetic exercise of the soul, which does not know that it is counting.

—Gottfried Leibniz

Lying liars gotta lie, and that explains the bulk of the nonsense that The Dread Deadbeat Pro-Se Kimberlin has put out in support of his lawfare. The TDPOTD from four years ago today cataloged this set of lies.

* * * * *

Here’s an interesting claim from one of Exhibit 7 of The Dread Pro-Se Kimberlin’s omnibus opposition to the motions to dismiss his Kimberlin v. The Universe, et al. RICO Madness. The SAC (that’s the second amended complaint) alleges that the mythical RICO enterprise began picking on Brett in August, 2010, although it doesn’t mention any specific acts occurring until October. So what sort of “social causes” was The Dread Performer Kimberlin “highlighting” before August, 2010? Well, in March of that year he was promoting teenage love with werewolves.

As for TDPK’s claim that he was unable to produce songs and videos after August, 2010, Freakin Frackin was posted to YouTube on 12 January, 2011; Occupy Music Video: Anonymous was posted to YouTube on 17 June, 2011; Coal Miner’s Family was posted to YoutTube on 5 December, 2012; and that’s not a complete list of TDPK’s work published online since 2010.

The most amazing things about Brett’s lying is how clumsy he is with it. You’d think that after all those years of practice, … oh, never mind.

* * * * *

The Twilight Angel video is still up on YouTube. I don’t recommend listening to it unless you have a large quantity of industrial-strength weapons-grade ear bleach available.

The Gentle Reader who is familiar with The Dread Deadbeat Performer Kimberlin’s background may draw his own conclusions about why Op-Critical might put out a music video related to a movie targeted at underage girls.

Brian May is not only a musician. He’s also an astrophysicist who is part of the New Horizons science team.

Video Credit: Brian May / Queen

This appeared in my Twitter Notifications yesterday—I went over to MySpace (yes, it’s still on the web) and checked out the Op-Critical (Brett’s most recent band) songs posted there. While I was able to see the web pages for them, I couldn’t get any of them to play. All were posted during the 2003 to 2012 period supposed to be affected.

BTW, the times played listed for every one other of the songs I checked were all the same. Karma seems to be catching up with The Dread Deadbeat Performer Kimberlin.

The softer you sing, the louder you’re heard.

—Dopnovan

Music expresses that which cannot be said and on which it is impossible to be silent.

—Victor Hugo

The Dread Deadbeat Pro-Se Kimberlin represented the Dread Deadbeat Performer Kimberlin in a LOLsuit against the U. S. Bureau of Prisons. The TKPOTD from six years ago today described the case.

* * * * *

In November, 1997, Brett Kimberlin filed a complaint because the Bureau of Prisons would not allow him to play music on an electric guitar. An amendment in the Budget Act had banned the use of electric and electronic instruments in prisons except during worship services. The U. S. District Court in D. C. decided his case (in favor of the BOP) in late May, 2001, just a couple of weeks before his second release. The following is from the court’s decision [Kimberlin and Rice v. U. S. Department of Justice and Bureau of Prisons, 318 F.3d 228 (2003)]:

Plaintiffs assert that an acoustic guitar is not equivalent to an electric guitar. According to plaintiff Kimberlin, it is impossible for him to play his songs on an acoustic guitar. He is not able to make long, sustained notes. Also, he cannot perform a technique called “vibrato” because the strings on an acoustic guitar will not bend or sustain like those on an electric guitar.
…
Notwithstanding, BOP has not prohibited all musical expression, only the use of electrical instruments. An active music program and other informal means of musical expression still exist. Plaintiffs contend that an electric guitar is essential to their musical expression. Thus, they argue, banning this instrument is an absolute ban on their musical expression. Plaintiffs are incorrect in asserting that music created by an electric instrument is a distinct expression protected by the First Amendment. This Court has not found, and plaintiffs do not cite, any cases addressing this proposition. Accordingly, the issue is whether BOP’s policy impermissibly limits a prisoner’s First Amendment right to express himself through music by banning one of several mediums by which a prisoner can musically express himself.
…
Plaintiffs argue that to require them to express themselves musically on an acoustic instrument would be akin to requiring rap musicians to sing ballads, or Muslim prisoners to attend Catholic religious services. Plaintiffs insist that they cannot perform their music on acoustic instruments.

Plaintiffs are free to express themselves musically using other instruments, such as an acoustic guitar. Like the prisoners in Amatel, plaintiffs are only limited, not deprived. They can perform music written for an electric guitar on an acoustic guitar. This is not the same as expression on an electric instrument, but it is certainly an alternate to such expression. Moreover, plaintiff Kimberlin has stated that he has written a song which he can hear in his mind, but cannot perform, edit, polish, or get feedback. He may discuss the notes, lyrics, and ideas with others as a means of expressing himself through his music and getting feedback. Again, this is not the same as playing the electric guitar, but it is an alternate that allows him to express himself musically.

Well, like a group of real musicians once said:

No, you can’t always get what you want,
But if you try sometime, you just might find
You get what you need.

* * * * *

Given the lack of of success that The Dread Deadbeat Performer Kimberlin has had with his attempts at a musical career (as evidenced by “music” videos on YouTube, the Bureau of Prisons might have wound up with suits from other prisoner raising Eighth Amendment issues if Kimberlin’s LOLsuit had been successful.

One of Brett Kimberlin’s persistent hallucinations is that he’s going to have a career as a musician or as a music producer. The TKPOTD for six years ago today dealt with one aspect of that fantasy.

* * * * *

There’s a Maryland corporation called Act Up Enterprises Inc. It was founded in 2011 by Brett Kimberlin “to provide entertainment services to musicians.” So far, it has one artist signed. She’s Tetyana Kimberlin’s elder daughter.

The company doesn’t do much to promote itself or its artist. Here’s its web page.Various websites related to the sole artist affiliated with Act Up refer to it as an artist management company and a record label—an artist management company with no bookings for its client and a label with no releases.

Hmmmm.

* * * * *

Over next few years after that TKPOTD was posted, The Dread Deadbeat Promotor Kimberlin tried to jumpstart the career of Act Up’s sole artist. When she was unsuccessful, TDPK tried to place the blame on truthful reporting of his past and present activities by various bloggers. He even went so far as to file criminal complaints against Aaron Walker and me, alleging that our truthful reporting on him had harassed Tetyana’s daughter. Although Aaron and I were charged, the State quickly dropped both cases for lack of evidence.

Act Up’s artist used to have a fairly extensive website. It now looks like this.

And Act Up’s site now looks like this.It’s almost is if TDPK has realized that he’s not cut out for a career in music, and this bit of information from the State of Maryland Department of Assessment and Taxation does tend to support such a conclusion.

Of course, it could be that Kimberlin is simply a bit behind in his paperwork because he’s been busy protecting our elections and doing other important things.