On February 23, 2014, the Chief Judge presiding over the United States Court of Federal Claims, the Honorable Patricia Campbell-Smith, issued an Order naming retired Judge John Michael Facciola to serve her court as a Special Master and investigate my allegations of fraud committed by government attorneys during Dobyns v. USA.
With her Order, Judge Campbell-Smith ensured that this is no longer some type of legal sideshow. It is now confirmed as real, significant and important to all American’s. It should have been clear with Judge Allegra’s October 24, 2014 Order, having never before seen the dismissal of seven DOJ attorneys for a collective fraud on the court. Never! As in ever! As in groundbreaking! Check your history books. First time!
Now a Special Master has been appointed to investigate those attorneys.
For us laymen and non-lawyers, my understanding is that a Special Master is the civil courts version of a Special Prosecutor serving to, “…address pretrial and post-trial matters that cannot be effectively and timely addressed by the assigned judge.”
Judge Campbell-Smith describes Judge Facciola in his Special Master assignment as, “…well-versed in the law and fit to perform the duties incumbent on one standing in the place of the court.”
Attached here are some links I found to stories on Judge Facciola’s prior work and rulings. As you will see, he is not someone to be trifled with ruling behind the law and the law only, uninfluenced by politics, pressures or conventional mindsets.
Low-level federal judges balking at law enforcement requests for electronic evidence
Judge Rebukes Justice Dept. for Requesting Overly Broad Email Searches
Judge John Facciola Exposes Justice Department’s Unconstitutional Search and Seizure of Personal Email
On the same day, the trial Judge over my case, the Honorable Francis Allegra, issued a subsequent and related order that details his guidelines and instructions for Judge Facciola in conducting the inquiry on his behalf.
Attached here: Order describing duties of special master
Judge Allegra notes that in filings he ordered, both DOJ and I did agree that a Special Master was appropriate to investigate the allegations.
Where we disagreed is that DOJ argued to strictly limit the scope of what and how the Special Master should conduct his business. DOJ didn’t want the Special Master to have much room or authority – of course doing what DOJ does – trying to handcuff the Special Master away from the facts, evidence and truth to protect their people.
I, on the other hand, argued that the Special Master should be given full reign to use all of his legal resources to undercover facts and find the truth, a.k.a. JUSTICE.
In paragraph 21 of Judge Allegra’s Order he states, “The special master [Facciola] will make findings assisting the assigned judge [Allegra] in determining whether defendant’s attorneys, in the conduct of this case, effectuated a fraud upon the court under RCFC 60(d)(3). As may be necessary, the special master may also consider whether there are other grounds for relief from a final judgment in this case under RCFC 60, including the existence of fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party under RCFC 60(b)(3).”
And in paragraph 22 of his Order Judge Allegra authorizes the Special Master to, “address post-trial matters in this case, preside over evidentiary proceedings relating to this case, and make findings of fact”; and to, “gather evidence to include: documents of all forms (including all forms of electronically store information (ESI)); audio recordings; the taking of oral or video depositions, to include the depositions of any attorney, other government officer or other individuals subject to this order; and the taking of oral testimony.”
I am very pleased with paragraph 24, “Proceedings in this matter shall not be sealed, except as provided by RCFC 5.2 and Appendix E.”
What that all means is that Special Master Facciola can use his discretion and diligence to chase facts and evidence as he sees fit. He can take sworn depositions (and “compel”, or order if neccessary) of those with knowledge of, or involvement in the frauds and issue sanctions upon those who refuse to cooperate.
These Judges are not playing around. They take unethical conduct in their courtrooms as dead serious.
If ATF and DOJ did nothing wrong (big “If”), there should be nothing for them to hide from, dodge or cover-up. Right?
“If” they acted properly then they should actually be anxious and excited for a full and transparent investigation and opportunity to clear their names and reputations. They should be begging to testify and under oath tell the world that they did not act criminally. They should be ready, willing and able to prove that. Right? After all, DOJ is claiming my allegations are baseless. They should be fully cooperating and giving the Special Master everything he requests with no push-back.
In his first official act as President, Obama stated that he intended to make his administration the very most transparent in American history. Now is a good time to start.
– For the record:
I made allegations of corruption in 2005 and 2006 that ATF dismissed as baseless. They were proven true and ATF settled out of court.
From 2007 to 2013 I made allegations of corruption that ATF and DOJ dismissed as baseless and then attempted to defend. They were proven true at trial.
I have now made allegations of Fraud committed on the court by ATF and DOJ attorneys; Obstruction of Justice, the Encouragement, Protection and Harboring of Perjury, Knowing and Intentional Misrepresentations of Facts and Evidence, and, Tampering, Threats and Intimidation of my witnesses. ATF and DOJ have deemed these baseless. Go figure.
DOJ and ATF attorneys and executes knowingly, willingly and intentionally violated my civil rights by damaging my right to due process and a fair trial. Pretty sure none of the activists will take this up but, oh well.
Both myself and ATF/DOJ have established a pattern and practice of for our individual conduct and honesty here. Me, in reporting criminal conduct and ATF/DOJ in denying and defending it.
Who do you want to bet is telling the truth? Who has the proven track record? Who has the motivation to lie, embellish, mischaracterize and fabricate excuses?
Remember, this was done last August. I was content. ATF and DOJ chose to continue the fight, not me.
If (or more accurately, when) my allegations are proven they could lead to prosecutions, convictions and potentially, incarcerations. They are career enders. Disbarments. Felonies. This is not what I wanted but again, they picked the fight. I’m ending it. The rules of the street apply here.
Attorney General candidate Loretta Lynch has already been questioned by the Senate on these matters. She vowed to run DOJ correctly. I believe her.
Obama’s and DOJ’s nominee for a federal judgeship, Jeanne Davidson – a ringleader of the frauds and documented defender of those who enacted them – has already had her confirmation vote held from the floor of the Senate until she answer questions on her involvement. Let’s see what she says.
How much embarrassment and battle damage is DOJ and ATF going to subject themselves to in order to defend as false what they know to be true? How many people are they going to sacrifice? Over me? Are you serious?
If I’ve said it once I’ve said it a thousand times, I am not going away. This is going to get much worse before it gets better and I will expose the corruption I’ve faced or die trying. I’ve been taking my vitamins and doing burpees to get ready.
When will they learn that I don’t bluff?
There is only one way to minimize the damage to ATF and DOJ and begin the process of repair, healing and a restoration of trust.
I am calling for the resignations of ATF Director B. Todd Jones and ATF Deputy Director Thomas Brandon. They have known the truth all along, had it internally proven to them, day one, ground floor, held it in their hands, and have sat silently by as gutless lawmen (the term “lawmen” used loosely here) watching corruption fester under them. They protected the guilty. If you carry a badge and a gun you can’t be afraid to do what is right, you just can’t.
I am calling for the resignation of the government attorneys who perpetrated the frauds, those attorneys and executives who ordered them, and for those who were aware the frauds as officers of the court and/or law enforcement executives, did nothing to prevent them from happening or report them after they knew what occurred.
What I expect over the next couple of months is nothing of the sort to take place. I predict DOJ and ATF will lie, cheat, steal and cover-up, protect and defend their criminal conduct using every single legal and illegal tactic imaginable to hinder the truth from being exposed.
I am placing my bet on Judges Campbell-Smith, Facciola and Allegra to figure it all out.
Attached here is some early reporting on the developments by Paul Giblin at the Arizona Republic newspaper:
Judge’s aide in ATF inquest challenged government before