Kimberlin v NBC et al - Frey and Nagy Motion to Dismiss exhibits.pdf by LegalInsurrection

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									           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 Plaza—Suite 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


                                    godfrey@brucegodfrey.com
                                    Reisterstown, MD 21136
                                    (410) 561-6061

                                    Attorneys for Defendants
                                    Patrick Frey and Mandy Nagy

Dated: August 11, 2014




                                      2
          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.      Attached as Exhibit A is a true copy of the PDF printout version of a blog post

dated          May       25,     2012         on    Patterico’s       Pontifications,   found     at

http://patterico.com/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaert-

and-their-campaign-of-political-terrorism/ as of the date hereof.

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

dated          June      25,     2012         on    Patterico’s       Pontifications,   found     at

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

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

dated          October     10,         2011    on       Patterico’s   Pontifications,   found     at

http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-

perjurer-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 Patterico’s 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.      Attached as Exhibit E is a true copy of the PDF printout version of an article

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

June     8,     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
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                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 Friedman’s 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 Friedman’s 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. DeLong’s 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. Jessica’s 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 Kimberlin’s confederates as the man who killed
  Jessica’s 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 Friedman’s 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 O’Keefe was wearing a pimp outfit at ACORN. The guy who has repeatedly trumpeted the fact
  that O’Keefe was a federal criminal — for O’Keefe’s 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
  DeLong’s 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 Kimberlin’s unsubstantiated
  allegations about Quayle. Trudeau passed on the story to his friend Mark Singer, a writer for the New Y  orker 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 Singer’s 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
  band’s page of biographies for the band members says this about Kimberlin.

           Brett Kimberlin

           Epoxy arose out of the hellish depths of Brett’s 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 Friedman’s 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 don’t 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 Chick’s 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                                          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



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         Today, CNN featured a story centering around CNN contributor                                      Stable-and-Self-Reliant-Iraq)
         and RedState managing editor Erick Erickson, the latest victim                                    586 comments — 0 minutes ago


         (http://www.redstate.com/erick/2012/05/27/swatting-                                               Rare Recess Hearing to Deal with
         the-ericksons/) in a series of incidents in which an imposter                                     Ebola Threat (http://cdn.breitbart.com
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         enforcement personnel, many times special weapons and tactics                                     1137 comments — 1 minute ago

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         /2008/february/swatting020408).                                                                   Are-Smarter-Than-Men)
         The CNN story featured the 911 phone call that led to Erickson’s SWATting on May 27,              3066 comments — 15 minutes ago

         2012. It can be heard below.
                                                                                                           CDC Refuses to Identify Where
         On the heels of that SWATting, Breitbart News contributor Lee Stranahan decided to                Previous Ebola Tests Originated
         conduct a podcast (http://www.blogtalkradio.com/darby-stranahan/2012/05                           (http://www.breitbart.com/Big-Peace
         /28/patterico-dicusses-swatting-kimberlin) late that same evening to discuss the incident;        /2014/08/06/CDC-Refuses-
         the podcast extended into the very early morning hours of May 28, 2012. Stranahan had             to-Identify-Where-Previous-Ebola-
         invited guest Patrick Frey, a deputy district attorney at Los Angeles County District             Tests-Originated)
         Attorney's Office who also blogs under the pseudonym Patterico (http://patterico.com/),
                                                                                                           2740 comments — 2 hours ago
         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                      Sarah Palin Gives Conservative
         (http://patterico.com/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-

1 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...
         ron-brynaert-and-their-campaign-of-political-terrorism/) at his own blog in recent weeks. Response to Elizabeth Warren's
                                                                               180-6 Filed
                              Case 8:13-cv-03059-GJH Documentand harassment 08/11/14 Page 2 of 6
         Frey has also alleged a much broader, prolonged campaign of lawfare                       Progressive Commandments
         against a group of political writers.                                                     (http://www.breitbart.com
                                                                                                   /Big-Government/2014/08/07/Sarah-
         What followed on the May 28 podcast was shocking.
                                                                                                   Palin-Gives-Conservative-Response-
         Partway into the program, at about 49:28 on the podcast, which can be heard by clicking   to-Elizabeth-Warren-s-Progressive-
         here (http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicusses-         Commandments)
         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 Frey’s June 2011 incident. Here is the
         transcript:

                  CALLER: It’s me. Hey Pat, you remember me, buddy? It’s me that SWATted you,                      Fox News National
                  buddy. How about I punk you one more time for old times’ sake, huh? (laughter)
                                                                                                            Mother, grandparents of 8-year-old boy
                  You still there, buddy?
                                                                                                            nearly starved to death ordered to stand trial
                  STRANAHAN: Yeah, we’re here. Now why are you saying…now give us some                      (http://feeds.foxnews.com/~r/foxnews
                                                                                                            /national/~3/Qv5OsSEiM9k/)
                  proof that you’re the person who SWATted Pat. (silence) And, they’ve gone.                7 Aug 2014, 3:52 PM PDT

         A stunned Patrick Frey commented that the call was “pretty spooky,” and that he felt like
         this was “a bad movie.”                                                                            Another suspect charged in border agent's
                                                                                                            slaying at center of botched gun-smuggling
         Moments later, the brazen caller returned, at about 65:40 on the tape                              probe (http://feeds.foxnews.com
         (http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicusses-                       /~r/foxnews/national/~3/_inyOiScQMg/)
                                                                                                            7 Aug 2014, 1:38 PM PDT
         swatting-kimberlin). Here is the transcript. Note that at this point on the podcast, the
         author of this post had called in:
                                                                                                            Man charged with starting 2013 wildfire in
                  CALLER: Hey, Pat, buddy, what is this, Lee? Alright. You wingnuts make me                 Yosemite National Park, California's
                  laugh. This is all so funny. I mean, Michelle with her cousin still missing, for          3rd-largest (http://feeds.foxnews.com
                                                                                                            /~r/foxnews/national/~3/M9TkYh_24sI/)
                  what, her cousin offs herself, that’s so funny, I still laugh about that. Hey Pat,        7 Aug 2014, 1:34 PM PDT
                  how’d 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)
                                                                                                            3 decades after shocking mass suicide-
                  LIBERTY CHICK: Your voice sounds kind of funny.                                           murder, remains of 9 Jonestown bodies
                                                                                                            found in Delaware
                  STRANAHAN: Your voice sounds funny, you’re talking a little too fast.                     (http://feeds.foxnews.com/~r/foxnews
                                                                                                            /national/~3/g9RuL49_IbI/)
                  CALLER: Oh, I’m sorry, am I speaking too fast for you, buddy?                             7 Aug 2014, 1:33 PM PDT


                  STRANAHAN: Try it slow. Do the whole ‘I shot my’…do what you said on the
                                                                                                            Miles away and decades on, Cambodian
                  call. Repeat what you said on the call.                                                   Americans relish verdict against Khmer
                                                                                                            Rouge leaders (http://feeds.foxnews.com
                  CALLER: What call? I don’t know what you’re talking about, buddy. I thought
                                                                                                            /~r/foxnews/national/~3/N4J5nZ-xReA/)
                  you invited me to talk some serious things here. Or are we not?                           7 Aug 2014, 1:04 PM PDT

                  STRANAHAN: You sound like Sean Penn as Spicoli, that’s what you sound
                  like. But if you could slow it down a little bit, what did you sound like on the call?

                  CALLER: I don’t know, buddy.

                  FREY: Well, well, tell us why you did it. If you’re 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/missing-
         marizela-perez/) in March of 2011. During that evening’s podcast, Stranahan had                   (/System
         mentioned Malkin’s recent efforts in bringing exposure to the stories of the SWATtings            /Breitbart%20Send%20A%20Tip?page=%2fBig-
         and to the alleged broader, prolonged campaign of harassment (http://patterico.com                Government%2f2012%2f06%2f08%2fErickson-
         /2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaert-and-their-               CNN-SWATting)
         campaign-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                                        NEWSLETTER
         /status/206981083298926594) about Stranahan’s podcast just moments before the                                                         SUBSCRIBE
         alleged SWATter called in.

         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
2 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...
          gained traction last week, after one of the targets was recently jailed for violating a peace
                                unreasonable restraint of his First Document 180-6 Filed 08/11/14
          order, which was an Case 8:13-cv-03059-GJH Amendment rights by a judge who                                                       Page 3 of 6
          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/sen-
          chambliss-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.




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          (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                                                http://www.breitbart.com/Big-Government/2012/06/08/Erickson-CNN...
         68 Comments              Case 8:13-cv-03059-GJH Document 180-6 Filed 08/11/14 Page 5 of 6




               Guest   •

               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.
                                                       •                   •
5 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 6 of 6



                Fox News Politics                                  Fox News National                                   Fox News Sports
         Key ObamaCare official likely deleted emails now   Mother, grandparents of 8-year-old boy nearly       Canadian teen Brooke Mackenzie Henderson
         sought in House probe (http://feeds.foxnews.com    starved to death ordered to stand trial             advances to US Women's Amateur quarterfinals
         /~r/foxnews/politics/~3/OlA4CErrIfg/)              (http://feeds.foxnews.com/~r/foxnews/national       (http://feeds.foxnews.com/~r/foxnews/sports
         7 Aug 2014, 3:32 PM PDT                            /~3/Qv5OsSEiM9k/)                                   /~3/5Oy6LQVxtJ0/)
                                                            7 Aug 2014, 3:52 PM PDT                             7 Aug 2014, 3:20 PM PDT

         Records show Obama met just once with Shinseki
         during VA scandal (http://feeds.foxnews.com        Another suspect charged in border agent's slaying   University of Minnesota president wants
         /~r/foxnews/politics/~3/984xOyPCRQc/)              at center of botched gun-smuggling probe            Redskins name banned from stadium at Vikings
         7 Aug 2014, 2:43 PM PDT                            (http://feeds.foxnews.com/~r/foxnews/national       game (http://feeds.foxnews.com/~r/foxnews
                                                            /~3/_inyOiScQMg/)                                   /sports/~3/8P1lusLr87c/)
                                                            7 Aug 2014, 1:38 PM PDT                             7 Aug 2014, 3:15 PM PDT
         Israeli Prime Minister Netanyahu says militants
         need 'to be stopped’ (http://feeds.foxnews.com
         /~r/foxnews/politics/~3/1RSeTHCE1tE/)              Man charged with starting 2013 wildfire in          Bridgewater geared up for game action with
         7 Aug 2014, 1:59 PM PDT                            Yosemite National Park, California's 3rd-largest    Vikings, as Schaub readies for debut with Raiders
                                                            (http://feeds.foxnews.com/~r/foxnews/national       (http://feeds.foxnews.com/~r/foxnews/sports
                                                            /~3/M9TkYh_24sI/)                                   /~3/jaI74G4vh7o/)
         Dem Sen. Walsh drops out of Montana Senate         7 Aug 2014, 1:34 PM PDT                             7 Aug 2014, 3:14 PM PDT
         race after plagiarism scandal
         (http://feeds.foxnews.com/~r/foxnews/politics
         /~3/7I1yVZXIiSc/)                                  3 decades after shocking mass suicide-murder,       Soup's on: Marcus Harris making an impact so far
         7 Aug 2014, 1:38 PM PDT                            remains of 9 Jonestown bodies found in Delaware     at Giants camp (http://feeds.foxnews.com
                                                            (http://feeds.foxnews.com/~r/foxnews/national       /~r/foxnews/sports/~3/Gt0AzuydkNw/)
                                                            /~3/g9RuL49_IbI/)                                   7 Aug 2014, 2:55 PM PDT
         White House won’t commit on stopping potential     7 Aug 2014, 1:33 PM PDT
         ‘genocide’ in Iraq, but weighing options
         (http://feeds.foxnews.com/~r/foxnews/politics                                                          Nats walk off in 13th on Harper's HR
         /~3/CtKmXX9c5_w/)                                  Miles away and decades on, Cambodian                (http://feeds.foxnews.com/~r/foxnews/sports
         7 Aug 2014, 11:36 AM PDT                           Americans relish verdict against Khmer Rouge        /~3/NDepQO2IUrQ/)
                                                            leaders (http://feeds.foxnews.com/~r/foxnews        7 Aug 2014, 2:28 PM PDT
                                                            /national/~3/N4J5nZ-xReA/)
                                                            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             2



          This past July, in a formal request
          (http://www.velvetrevolution.us/images/GANSLER-
          COATS_OKEEFE.pdf) it filed with the prosecutors of Maryland
          state and the city of Baltimore, a left-leaning organization known
                                                                                                          More videos:
          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                                                                 Obama Flashback: 'We're Leaving
                                                                                                            Behind a Sovereign, Stable and
          (http://www.velvetrevolution.us/images/GANSLER-                                                   Self-Reliant Iraq'
          COATS_OKEEFE.pdf).                                                                                (http://www.breitbart.com/Breitbart-
                                                                                                            TV/2014/08/07/Obama-Flashback-
          The accusation against Breitbart is of course patently false and baseless. No evidence
                                                                                                            Were-Leaving-Behind-a-Sovereign-
          exists to even suggest such an accusation, because it simply did not happen that way. Then
                                                                                                            Stable-and-Self-Reliant-Iraq)
          again, this story's not about Andrew Breitbart. It's about Velvet Revolution, the source
                                                                                                            534 comments — 0 minutes ago
          making the claim.

          Progressives are also rallying behind Velvet Revolution for another of its most recent            Rare Recess Hearing to Deal with
          campaigns – AmericanCrossRoadsWatch (http://www.velvetrevolution.us                               Ebola Threat (http://cdn.breitbart.com
          /acrw/signup.php), which, to the delight of familiar folks like Karoli at Crooks and Liars        /Big-Government/2014/08/07/Rare-
          (http://crooksandliars.com/karoli/progressives-fight-back-100000-bounty-karl-), has               Recess-Hearing-to-Deal-with-Ebola-
          offered a $100,000 bounty "for information leading to the arrest and conviction of Karl           Threat)
          Rove or any principal of American Crossroads for money laundering, election rigging,              1126 comments — 0 minutes ago
          or felony campaign finance violations." It features a WANTED poster:
                                                                                                            Michelle Obama: 'Women Are Smarter
                                                kimberlin-wanted
                                                                                                            Than Men' (http://cdn.breitbart.com
          Interesting, that the words "felony" and "Wanted" would be used. Again, considering the           /Big-Government/2014/08
          source.                                                                                           /06/Michelle-Obama-Women-
          You see, while Velvet Revolution has inspired quite a flurry of excitement from its               Are-Smarter-Than-Men)
          progressive partners these days, who seem to be frolicking in their apparent muckraking           3066 comments — 5 minutes ago

          efforts, their glaring omission and utter hypocrisy is absolutely astonishing. With so much
                                                                                                            CDC Refuses to Identify Where
          dirt digging going on, one would be very hard pressed to believe that none of Velvet
                                                                                                            Previous Ebola Tests Originated
          Revolution's cheerleaders had any idea whatsoever that a convicted violent felon is one of
                                                                                                            (http://www.breitbart.com/Big-Peace
          its co-founders. In an environment today when the left has repeatedly falsely accused most
                                                                                                            /2014/08/06/CDC-Refuses-
          opposition of being racist, hateful and violent, how convenient that progressives would fail
                                                                                                            to-Identify-Where-Previous-Ebola-
          to acknowledge the hypocrisy of their own implicit support of real violence and
                                                                                                            Tests-Originated)
          law-breaking.
                                                                                                            2740 comments — 1 hour ago
          The story behind Velvet Revolution begins with musician-activist turned immigrants'
          rights defender turned voting rights activist, Brett Kimberlin                                    Sarah Palin Gives Conservative
          (http://www.independentmusicawards.com/ima/judges/brett-kimberlin/), who also runs                Response to Elizabeth Warren's

1 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 "Justice Through Music Project (http://www.jtmp.org/) (JTMP)." According to     Progressive Commandments
                                     8:13-cv-03059-GJH Document Brad Blog, he and
                             Case(http://www.bradblog.com/?p=4617) of the180-7 Filed 08/11/14 Page 2 of 11
          journalist Brad Friedman                                                            (http://www.breitbart.com
          Kimberlin co-founded Velvet Revolution together, a detail Friedman has specifically /Big-Government/2014/08/07/Sarah-
          noted in a number of posts such as this one from 5/31/2007 (http://www.bradblog.com Palin-Gives-Conservative-Response-
          /?p=4617).                                                                          to-Elizabeth-Warren-s-Progressive-
                                                                                              Commandments)
                        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,                                  Fox News National
          especially if you're from Indiana. That's because in 1981, Kimberlin, then the owner of            Another suspect charged in border agent's
          vegetarian restaurant Good Earth, was finally convicted of a week-long bombing spree in            slaying at center of botched gun-smuggling
                                                                                                             probe (http://feeds.foxnews.com
          Indianapolis, IN in which eight separate bombs caused extensive property damage,                   /~r/foxnews/national/~3/_inyOiScQMg/)
          destroyed a police cruiser, and severely maimed a man, which eventually led to the man's           7 Aug 2014, 1:38 PM PDT
          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            Man charged with starting 2013 wildfire in
          same journalist who first reported on his story to be mistruths. But locals to IN know             Yosemite National Park, California's
          exactly what happened and have never forgotten it since. It's time the public got the full         3rd-largest (http://feeds.foxnews.com
                                                                                                             /~r/foxnews/national/~3/M9TkYh_24sI/)
          story.
                                                                                                             7 Aug 2014, 1:34 PM PDT

          Brett Kimberlin, Speedway Bomber
                                                                                                             3 decades after shocking mass suicide-
          Infamously known as "The Speedway Bomber (http://blogs.indystar.com/starfiles                      murder, remains of 9 Jonestown bodies
          /2010/09/01/the_phantom_spe/)," Brett Kimberlin exploded his eighth and final bomb                 found in Delaware
          on September 6, 1978, which nearly blew off the right leg of his victim, Carl DeLong, and          (http://feeds.foxnews.com/~r/foxnews
                                                                                                             /national/~3/g9RuL49_IbI/)
          seriously injured the man's left leg and right hand, causing his leg to be amputated.
                                                                                                             7 Aug 2014, 1:33 PM PDT
          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
                                                                                                             Miles away and decades on, Cambodian
          million.                                                                                           Americans relish verdict against Khmer
                                                                                                             Rouge leaders (http://feeds.foxnews.com
          Police had immediately suspected Kimberlin in the bombing case. He'd been in trouble               /~r/foxnews/national/~3/N4J5nZ-xReA/)
          since high school, was a suspected drug trafficker and he was already the suspect in a             7 Aug 2014, 1:04 PM PDT
          murder that had occurred only months earlier. As the Indianapolis Star
          (http://www.indystar.com/article/99999999/NEWS06/100919013) recounted recently:                    Jenise Wright search: Child's body found
                                                                                                             near mobile home park
              On July 29, 1978, Speedway resident Julia Scyphers, 65, answered a knock at her                (http://feeds.foxnews.com/~r/foxnews
              door. A man she didn't know was standing on her stoop asking about items she'd                 /national/~3/s2nbg_ZE7Zo/)
              recently tried to sell at a yard sale. She let him into the garage to look at the items and    7 Aug 2014, 12:55 PM PDT

              he shot her in the head.

              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          (/System
              arranged for both of her granddaughters to come live with her. Whether or not Mrs.            /Breitbart%20Send%20A%20Tip?page=%2fBig-
              Scyphers' fears were correct (no charges were ever filed to that effect), this incident       Journalism%2f2010%2f10%2f11%2fProgressives-
              led investigators to start looking at Brett C. Kimberlin.                                     Embrace-Convicted-Terrorist)

          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
                                                                                                                                        NEWSLETTER
                                                                                                                                               SUBSCRIBE
          grandmother as a protective measure on the family's part, Kimberlin threatened to commit
          suicide.

          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 used the opportunity to obtain a warrant 180-7 Filed 08/11/14
          for violating the law. Police8:13-cv-03059-GJH Documentto search Kimberlin's                           Page 3 of 11
          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.

                                               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 pot to Dan Quayle, then a Document 180-7 Filed 08/11/14
              claimed he’d once sold8:13-cv-03059-GJH U.S. Senator and candidate for vice                    Page 4 of 11
              president. Quayle vehemently denied the charge and Kimberlin produced no proof
              except his own word, which wasn’t 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.

              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-

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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 crash.
          cited the pilot's spatial disorientation as the cause of theDocument 180-7 Filed 08/11/14            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
                              Syndrome, the psychological phenomenon where 180-7 Filed 08/11/14
              the Stockholm Case 8:13-cv-03059-GJH Documentcaptive bonds with                                    Page 6 of 11
              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.

              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-behind-
                            Case 8:13-cv-03059-GJH Document 180-7 the evil,
          ads-attack/) jumping on the bandwagon to try and expose what they perceive as Filed 08/11/14        Page 7 of 11
          scary "Shadow RNC."

                  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-Grantees-
          2009.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-of-
                                            Grantees-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)


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9 of 11                                                                                                                                                   8/7/2014 7:07 PM
Flashback: Progressives Embrace Convicted Terrorist                                       http://www.breitbart.com/Big-Journalism/2010/10/11/Progressives-Embr...
       40 Comments
                             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                   •

                                              Michael Deaver,
                                             Reagan’s 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
10 of 11                                                                                                                                       8/7/2014 7:07 PM
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                                 Case 8:13-cv-03059-GJH Document 180-7 Filed 08/11/14 Page 11 of 11



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