Kimberlin v NBC Et Al - Frey and Nagy Motion to Dismiss Exhibits

8/20/2019 Kimberlin v NBC Et Al - Frey and Nagy Motion to Dismiss Exhibits

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

NORTHERN DIVISION

BRETT KIMBERLIN,

Plaintiff ,

v.

NATIONAL BLOGGERS CLUB, et al.,

Defendants.

Case No.: CVPWG-13-3059

MOTION BY DEFENDANTS PATRICK FREY AND MANDY NAGYTO 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

[email protected]

T. Bruce Godfrey (Bar No. #24596)

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


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2

LAW OFFICE OF BRUCE GODFREY

Box 444

Reisterstown, MD 21136(410) 561-6061

[email protected]

Attorneys for DefendantsPatrick Frey and Mandy Nagy

Dated: August 11, 2014

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


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1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

NORTHERN DIVISION

BRETT KIMBERLIN,

Plaintiff ,

v.

NATIONAL BLOGGERS CLUB, et al.,

Defendants.

Case No.: CVPWG-13-3059

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.

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


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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



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EXHIBIT A


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EXHIBIT B


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8/11/2014 Patterico's Pontifications » Brad Friedman’s Partner and “Buddy”: A Convicted Bomber, Perjurer, and Drug Smuggler, Suspected Murderer . . . and Elec

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

10/11/2010

Brad Fr iedman’s Pa rtner 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.


EXHIBIT C


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http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrit… 2

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 abou

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 Yorker who

wrote a sympathetic article about Kimberlin. Singer then wrote a book about him. But as he wrote the book,

Singer started to realize that Kimberlin is a con artist. As Joe Gelarden, who wrote about Kimberlin during his trial,

memorably stated, Kimberlin “was convicted of perjury – in federal court – before he got out of high school. Think

about that for a moment.” In a passage in 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



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http://patterico.com/2010/10/11/brad-friedmans-partner-and-buddy-a-convicted-bomber-perjurer-and-drug-smuggler-suspected-murderer-and-election-integrit… 3

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

6. Many groups and organizations took up your cause and rallied for your release, did this

surprise you and how did the media pick up your s tory?

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 AmericanGovernment 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.



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


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by LIBERTY CHICK (/COLUMNISTS/LIBERTY-CHICK) 8 Jun 2012POST A COMMENT (/BIG-GOVERNMENT/2012/06/08/ERICKSON-CNN-SWATTING#COMMENTS)

Today, CNN featured a story centering around CNN contributor

and RedState managing editor Erick Erickson, the latest victim(http://www.redstate.com/erick/2012/05/27/swatting-

the-ericksons/) in a series of incidents in which an imposter

mimics the phone number of a target, then calls the police and

confesses to a violent crime. Such confessions often result in law

enforcement personnel, many times special weapons and tactics

teams (SWAT teams), responding to calls with full force, risking

the life and health of the target. This tactic has been called

SWATting by the FBI (http://www.fbi.gov/news/stories

/2008/february/swatting020408).The CNN story featured the 911 phone call that led to Erickson’s SWATting on May 27,

2012. It can be heard below.

On the heels of that SWATting, Breitbart News contributor Lee Stranahan decided to

conduct a podcast (http://www.blogtalkradio.com/darby-stranahan/2012/05

/28/patterico-dicusses-swatting-kimberlin) late that same evening to discuss the incident;

the podcast extended into the very early morning hours of May 28, 2012. Stranahan had

invited guest Patrick Frey, a deputy district attorney at Los Angeles County District

Attorney's Office who also blogs under the pseudonym Patterico (http://patterico.com/),

to offer insight into his own experience as a victim of SWATting. Frey was the target of a

similar incident in June 2011, an account that Frey has detailed extensively

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

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BLOOMBERG

..


EXHIBIT E


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

Frey has also alleged a much broader, prolonged campaign of lawfare and harassment

against a group of political writers.

What followed on the May 28 podcast was shocking.

Partway into the program, at about 49:28 on the podcast, which can be heard by clicking

here (http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicusses-

swatting-kimberlin), a caller with an unidentified phone number greeted the Stranahan

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, buddy. How about I punk you one more time for old times’ sake, huh? (laughter)

You still there, buddy?

STRANAHAN: Yeah, we’re here. Now why are you saying…now give us some

proof that you’re the person who SWATted Pat. (silence) And, they’ve gone.

A stunned Patrick Frey commented that the call was “pretty spooky,” and that he felt like

this was “a bad movie.”

Moments later, the brazen caller returned, at about 65:40 on the tape

(http://www.blogtalkradio.com/darby-stranahan/2012/05/28/patterico-dicusses-

swatting-kimberlin). Here is the transcript. Note that at this point on the podcast, the

author of this post had called in:

CALLER: Hey, Pat, buddy, what is this, Lee? Alright. You wingnuts make me

laugh. This is all so funny. I mean, Michelle with her cousin still missing, for

what, her cousin offs herself, that’s so funny, I still laugh about that. Hey Pat,

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)

LIBERTY CHICK: Your voice sounds kind of funny.

STRANAHAN: Your voice sounds funny, you’re talking a little too fast.

CALLER: Oh, I’m sorry, am I speaking too fast for you, buddy?

STRANAHAN: Try it slow. Do the whole ‘I shot my’…do what you said on the

call. Repeat what you said on the call.CALLER: What call? I don’t know what you’re talking about, buddy. I thought

you invited me to talk some serious things here. Or are we not?

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

mentioned Malkin’s recent efforts in bringing exposure to the stories of the SWATtings

and to the alleged broader, prolonged campaign of harassment (http://patterico.com

/2012/05/25/convicted-bomber-brett-kimberlin-neal-rauhauser-ron-brynaert-and-their-

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

/status/206981083298926594) about Stranahan’s podcast just moments before the

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

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CNN-SWATting)

..



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gained traction last week, after one of the targets was recently jailed for violating a peace

order, which was an unreasonable restraint of his First Amendment rights by a judge who

thought comment in the public domain constituted harassment. An outcry from the

political blogging and activism community – from both sides of the political spectrum –

has now prompted intervention from members of Congress. Letters from both Republican

Senator Saxby Chambliss (http://www.breitbart.com/Big-Government/2012/06/06/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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(/Breitbart-TV/2012

/06/08/Conservative-Bloggers-Speak-Out-On-SWATting)

Conservative Bloggers Speak Out On 'SWATting'

..



33/45

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..



35/45

SHARE THIS:

by LIBERTY CHICK (/COLUMNISTS/LIBERTY-CHICK) 11 Oct 2010POST A COMMENT (/BIG-JOURNALISM/2010/10/11/PROGRESSIVES-EMBRACE-CONVICTED-TERRORIST#COMMENTS)

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

as Velvet Revolution (http://velvetrevolution.us/) urged

prosecutors to press criminal charges against James O'Keefe and

Hannah Giles for what it says was a violation of Maryland's Wiretapping and Electronic Surveillance Act. But the letter also

went a step further, naming Andrew Breitbart as a conspirator in

masterminding the whole operation

(http://www.velvetrevolution.us/images/GANSLER-

COATS_OKEEFE.pdf).

The accusation against Breitbart is of course patently false and baseless. No evidence

exists to even suggest such an accusation, because it simply did not happen that way. Then

again, this story's not about Andrew Breitbart. It's about Velvet Revolution, the source

making the claim.Progressives are also rallying behind Velvet Revolution for another of its most recent

campaigns – AmericanCrossRoadsWatch (http://www.velvetrevolution.us

/acrw/signup.php), which, to the delight of familiar folks like Karoli at Crooks and Liars

(http://crooksandliars.com/karoli/progressives-fight-back-100000-bounty-karl-), has

offered a $100,000 bounty "for information leading to the arrest and conviction of Karl

Rove or any principal of American Crossroads for money laundering, election rigging,

or felony campaign finance violations." It features a WANTED poster:

kimberlin-wanted

Interesting, that the words "felony" and "Wanted" would be used. Again, considering the

source.

You see, while Velvet Revolution has inspired quite a flurry of excitement from its

progressive partners these days, who seem to be frolicking in their apparent muckraking

efforts, their glaring omission and utter hypocrisy is absolutely astonishing. With so much

dirt digging going on, one would be very hard pressed to believe that none of Velvet

Revolution's cheerleaders had any idea whatsoever that a convicted violent felon is one of

its co-founders. In an environment today when the left has repeatedly falsely accused most

opposition of being racist, hateful and violent, how convenient that progressives would fail

to acknowledge the hypocrisy of their own implicit support of real violence and

law-breaking.

The story behind Velvet Revolution begins with musician-activist turned immigrants'

rights defender turned voting rights activist, Brett Kimberlin

(http://www.independentmusicawards.com/ima/judges/brett-kimberlin/), who also runs

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2740 comments · 1 hour ago

Sarah Palin Gives Conservative

Response to Elizabeth Warren's

40

More videos:

NEWSFIX


EXHIBIT F


36/45

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

journalist Brad Friedman (http://www.bradblog.com/?p=4617) of the Brad Blog, he and

Kimberlin co-founded Velvet Revolution together, a detail Friedman has specifically

noted in a number of posts such as this one from 5/31/2007 (http://www.bradblog.com

/?p=4617).

kimberlin-time2 (http://www.time.com/time/magazine/article

/0,9171,1574161-1,00.html)

Once dubbed "The Wizard of Odd (http://www.time.com/time/magazine/article

/0,9171,1574161-1,00.html)" by Time Magazine, you may recognize the name Brett

Kimberlin for much more than Justice Through Music or Velvet Revolution,

especially if you're from Indiana. That's because in 1981, Kimberlin, then the owner of

vegetarian restaurant Good Earth, was finally convicted of a week-long bombing spree in

Indianapolis, IN in which eight separate bombs caused extensive property damage,

destroyed a police cruiser, and severely maimed a man, which eventually led to the man's

suicide. Kimberlin's story has so often been overlooked or understated by the national

media, which unfortunately all but failed to follow up on what were later proven by the

same journalist who first reported on his story to be mistruths. But locals to IN know

exactly what happened and have never forgotten it since. It's time the public got the full

story.

Brett Kimberlin, Speedway Bomber

Infamously known as "The Speedway Bomber (http://blogs.indystar.com/starfiles

/2010/09/01/the_phantom_spe/)," Brett Kimberlin exploded his eighth and final bomb

on September 6, 1978, which nearly blew off the right leg of his victim, Carl DeLong, and

seriously injured the man's left leg and right hand, causing his leg to be amputated.

DeLong committed suicide two years later, unable to cope with the pain and devastation of

his injuries. The victim's wife Sandra later won a civil judgment against Kimberlin for $1.6

million.

Police had immediately suspected Kimberlin in the bombing case. He'd been in trouble

since high school, was a suspected drug trafficker and he was already the suspect in a

murder that had occurred only months earlier. As the Indianapolis Star

(http://www.indystar.com/article/99999999/NEWS06/100919013) recounted recently:

On July 29, 1978, Speedway resident Julia Scyphers, 65, answered a knock at her

door. A man she didn't know was standing on her stoop asking about items she'd

recently tried to sell at a yard sale. She let him into the garage to look at the items and

he shot her in the head.

Mrs. Scypher's husband, Fred, 68, heard the bang and came out in time to see a car

pulling out of the driveway. He would later tell police he'd gotten a glimpse of the man

who'd come to the door.

When police began looking for a motive in the Scyphers slaying, they found there'd

been a recent family clash. Julia Scyphers' daughter, Sandra Barton, had become

involved with a man who seemed to Mrs. Scyphers to be inordinately close to one of

Barton's young daughters. Mrs. Scyphers told friends she was so concerned that she'd

arranged for both of her granddaughters to come live with her. Whether or not Mrs.

Scyphers' fears were correct (no charges were ever filed to that effect), this incident

led investigators to start looking at Brett C. Kimberlin.

Investigators had learned that Sandra Barton's pre-teen daughter had accompanied

Kimberlin, in his 20's, on several out of state trips. When the girl moved in with her

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

suicide.

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

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NEWSLETTER

(/System

/Breitbart%20Send%20A%20Tip?page=%

Journalism%2f2010%2f10%2f11%2fProgr

Embrace-Convicted-Terrorist)



37/45

an illegal Department of Defense insignia, an Army investigator was present to bust him

for violating the law. Police used the opportunity to obtain a warrant to search Kimberlin's

vehicle, where they found the same timers and explosive chemical used in the bombs. A

search of his family's property also turned up a buried steel tank that contained 1,000 lbs

of marijuana. Investigators later found that Kimberlin and some construction workers had

purchased explosives in 1975 to blast away the area so they could bury the tank. Those

explosives were the same as those used in the Speedway bombings.

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:



38/45

Five years later, in 1988, Kimberlin vaulted himself into the national news when he

claimed he’d once sold pot to Dan Quayle, then a U.S. Senator and candidate for vice

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 anumber 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-



39/45

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

cited the pilot's spatial disorientation as the cause of the crash.

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 thefirst 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:



40/45

The farce Mark Singer describes in Citizen K might be called a journalist's version of

the Stockholm Syndrome, the psychological phenomenon where captive bonds with

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 theprofits. 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 beenfooled. 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



41/45

/statements/2010/sep/28/david-axelrod/david-axelrod-independent-groups-behind-

ads-attack/) jumping on the bandwagon to try and expose what they perceive as the evil,

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 afalse 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:



42/45

Brett Kimberlin is a terrorist. While I firmly believe in the doctrine of redemption and

conversion, I remember a few things about Brett that give me great pause.

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

PressroomVIP

(http://www.pressroomvip.com/child-celebs-who-grew-up-and-turned-out-to-be-good-looking/?utm_source=taboola&

utm_medium=breitbartcom)(http://movieseum.com/10-things-you-never-noticed-about-your-favourite-disney-movies/?utm_source=taboola&



43/45

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

10 Hilarious Hidden Jokes in Disney Movies

Movieseum

(http://movieseum.com/10-things-you-never-noticed-about-your-favourite-disney-movies/?utm_source=taboola&

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

(http://www.instyle.com/instyle/package/transformations/photos/0,,20290120_1048265_30165446,00.html?xid=taboola)

Angelina Jolie's Changing Looks

InStyle.com

(http://www.instyle.com/instyle/package/transformations/photos/0,,20290120_1048265_30165446,00.html?xid=taboola)

(http://www.wealthfront.com/c/&type=Taboola&campaign=other48statesetfschwabdesktop&content=etf-next-schwab/to/etf

/sections/features/22184-wealthfronts-nash-on-being-the-next-schwab.html)

Why Wealthfront is Poised to Be the Next Charles Schwab

ETF.com

(http://www.wealthfront.com/c/&type=Taboola&campaign=other48statesetfschwabdesktop&content=etf-next-schwab/to/etf

/sections/features/22184-wealthfronts-nash-on-being-the-next-schwab.html)



44/45

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Fox News Politics

Records show Obama met just once with Shinsekiduring VA scandal (http://feeds.foxnews.com/~r/foxnews/politics/~3/984xOyPCRQc/)

7 Aug 2014, 2:43 PM PDT

Israeli Prime Minister Netanyahu says militantsneed 'to be stopped’ (http://feeds.foxnews.com/~r/foxnews/politics/~3/1RSeTHCE1tE/)

7 Aug 2014, 1:59 PM PDT

Dem Sen. Walsh drops out of Montana Senaterace after plagiarism scandal(http://feeds.foxnews.com/~r/foxnews/politics/~3/7I1yVZXIiSc/)

7 Aug 2014, 1:38 PM PDT

White House won’t commit on stopping potential‘genocide’ in Iraq, but weighing options(http://feeds.foxnews.com/~r/foxnews/politics

/~3/CtKmXX9c5_w/)7 Aug 2014, 11:36 AM PDT

San Francisco political candidate campaigns inthe nude in Times Square(http://feeds.foxnews.com/~r/foxnews/politics/~3/3gHD-0kBelk/)

7 Aug 2014, 10:56 AM PDT

Fox News National

Another suspect charged in border agent's slayingat center of botched gun-smuggling probe(http://feeds.foxnews.com/~r/foxnews/national/~3/_inyOiScQMg/)

7 Aug 2014, 1:38 PM PDT

Man charged with starting 2013 wildfire in Yosemite National Park, California's 3rd-largest(http://feeds.foxnews.com/~r/foxnews/national/~3/M9TkYh_24sI/)

7 Aug 2014, 1:34 PM PDT

3 decades after shocking mass suicide-murder,remains of 9 Jonestown bodies found in Delaware(http://feeds.foxnews.com/~r/foxnews/national/~3/g9RuL49_IbI/)

7 Aug 2014, 1:33 PM PDT

Miles away and decades on, Cambodian

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

7 Aug 2014, 1:04 PM PDT

Jenise Wright search: Child's body found nearmobile home park (http://feeds.foxnews.com/~r/foxnews/national/~3/s2nbg_ZE7Zo/)

7 Aug 2014, 12:55 PM PDT

Fox News Sports

Canadian teen Brooke Mackenzie Hendersonadvances to US Women's Amateur quarterfinals(http://feeds.foxnews.com/~r/foxnews/sports/~3/5Oy6LQVxtJ0/)

7 Aug 2014, 3:20 PM PDT

University of Minnesota president wantsRedskins name banned from stadium at Vikingsgame (http://feeds.foxnews.com/~r/foxnews/sports/~3/8P1lusLr87c/)

7 Aug 2014, 3:15 PM PDT

Bridgewater geared up for game action with Vikings, as Schaub readies for debut with Raider(http://feeds.foxnews.com/~r/foxnews/sports/~3/jaI74G4vh7o/)

7 Aug 2014, 3:14 PM PDT

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

at Giants camp (http://feeds.foxnews.com/~r/foxnews/sports/~3/Gt0AzuydkNw/)

7 Aug 2014, 2:55 PM PDT

Nats walk off in 13th on Harper's HR (http://feeds.foxnews.com/~r/foxnews/sports/~3/NDepQO2IUrQ/)

7 Aug 2014, 2:28 PM PDT


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Kimberlin v NBC Et Al - Frey and Nagy Motion to Dismiss Exhibits

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