Shootout Article

…they come to snuff the rooster…

Ain’t found a way to kill me yet,
Eyes burn with stinging sweat,
Seems every path leads me to nowhere.
Wife and kids household pet,
(Working the street was no safe bet),
The bullets scream to me from somewhere.

Here they come to snuff the rooster,
Yeah here come the rooster,
You know he ain’t gonna die,
No, no, no, ya know he ain’t gonna die.

Alice In Chains – Rooster

Twenty-seven years ago today, one week on the job, I was shot.  The bullet went in my back, through my lung and exited my chest.  Most of the blood stayed in my chest cavity and collapsed my lungs.  I experienced what is known in trauma medicine as a “sucking chest wound”.  That term is very accurate – it sucked.  This is what leaked out, haha, if you can’t laugh at yourself, well….

Bullet Shirt

The ambulance chasing attorneys were at my hospital room begging me to let them file a claim on my behalf.  They told me that they would make me rich.  I flat declined.  I had no money but wasn’t seeking it.  All I wanted was to be an ATF Agent.

ATF Agents, most notably Lee Mellor and Larry Thomason saved my life that day.  I was placed under the care of Trauma Surgeon Dr. Richard Carmona who later become the United States Surgeon General.  They are each great men and have been great mentors for me throughout my adult life.

I returned to work before I was medically cleared to do so.  All I wanted was to be an ATF Agent.

Ultimately I made the right choice to decline the money.  My career was a rollercoaster ride that very few in life are ever allowed to enjoy – excitement, challenge, danger – but mostly the people and friendships.  I was blessed with opportunity and surrounded by some of the most brilliant and courageous lawmen and women our country has ever known.

Thank you to all those people – partners, peers and friends.  You made my life so wonderful.

My last few years on the job were less than ideal but, I would never give up what I had for where I am.  The experience of being on the cutting edge of attacking violent crime to serve the good and innocent people of America was worth every bit of what ultimately took place.

Knowing what I know now, I would do it all over again.  If I was a young man I would raise my hand and dive in right back in.  The recent heartaches will never outweigh the overall experience.

To all the good and honest and hard-working, brave people at ATF – it was my honor to serve alongside you and be a small part of what we were trying to accomplish.

All I wanted was to be an ATF Agent.

- Jay

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Dobyns v. USA Just Got Stranger

Dobyns v. USA just got stranger – if that was possible.

First, six years of a lawsuit, motions, orders, depositions and two trial phases as DOJ and ATF tried their best and worst to defend their corruption.

That phase ended with the issuance of an opinion and judgement out of the United States Court of Federal Claims.

Then, two months after the Judge’s opinion was issued DOJ appealed his ruling in the 11th hour of their window to do so.

I cross-appealed but not because I wanted to.  I was content.  DOJ left me no choice with their appeal but to defend and protect myself in the fullest way possible.

Attorney General Holder and ATF Director B. Jones were going to try and wring me out some more knowing how expensive it will be for me to take this through the appellate process.  Getting to truth with these guys is not for the weary, faint-of-heart or poor.  They surely didn’t like the fact that the Judge agreed with me.  More specifically, they didn’t agree with the facts.

DOJ and ATF have the right to appeal.  I respect that right and the process.  It is based in an old piece of paper that I believe in – it’s called The Constitution.  I’m not sure this Administration or Holder ever heard of it.  See yesterday’s election results as an indication.

I accepted the path laid before me and found the silver-lining in it all viewing the DOJ/ATF appeal as an opportunity for me to prove the truth – again – this time to a higher court.

But now, today,

Judge Allegra published an order announcing that he has voided his judgement in the case!  He is is preparing to announce a schedule for “further proceedings in the matter”.  See attached below.

I’m not not exactly sure what all this means yet but, what I am sure of is that I won a victory once – doing it the right and honest way – and I will do it again using the same strategy – telling the truth and providing evidence of it.

I trusted God first and Judge Allegra second to reveal an honest conclusion.  I will continue to do the same until this case finally comes to a rest.

THE TRUTH NEVER CHANGES!

Link to the Judge’s order:  01511862505

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Vindication

From: Jay Dobyns, ATF Special Agent (Ret.)

Re: Published Opinion of the United States Court of Federal Claims, Dobyns v. United States of America, CR 08-700C, The Honorable Judge Francis M. Allegra, presiding

Note: Solicitations for any additional comment or legal opinion should be directed to my attorney, James B. Reed, at 602-445-7720 or jreed@bwglaw.net. I will have no further comment beyond this release and will not be granting interviews.

Below you will find a synopsis of the Court’s opinion and a direct link to Court’s full and published document.

***

Today the Honorable Francis M. Allegra of the United States Court of Federal Claims made public his judicial opinion/ruling/findings in the case of Jay Anthony Dobyns v. United States.

I have been vindicated.

First, I must thank God who provided me with strength and faith during these events.

“This is my command—be strong and courageous! Do not be afraid or discouraged. For the Lord your God is with you wherever you go.”

– Joshua 1:9

I thank those who have supported me; family, friends, peers and strangers but mostly my wife and kids – they have been the true victims here and been forced to suffer to needlessly.

My legal counsel lead by James Reed proved to be extraordinary and brilliant. Jim and his team took on a fight that no else dared. With Jeff Elder and Carson Emmons together they played out a courtroom version of David and Goliath challenging the most well-resourced and powerful law firm in the history of the planet, the United States Department of Justice. Armed with the equivalent of a stone and a slingshot, they won.

Attorney Mark Gidley and the law firm of White and Case in Washington, D.C., invited us into their home and showed us the hospitality and a base of operations that only a firm of that stature could provide.

I thank Judge Allegra for upholding his duty, responsibility and ethics in reaching a fair opinion. He is the type of judge who brings honor and respect to the bench. I was fortunate to argue before such a fine man.

I thank the select few of my ATF peers who displayed the courage to publicly stand by me when doing so put their own careers and reputations at risk. Friends I thought I had vanished while friends I never knew I had arrived. There is nothing comparable to “pressure” in a time of need to find out who truly believes in you.

Two ATF Agents in particular showed themselves to have integrity that rose above the fray. Thomas Atteberry took great professional risk when he pressed for a fair investigation of the crimes against me and was placed under duress for doing so. Christopher Trainor conducted an internal investigation that serves as an example of a diligent quest for the truth. For every lawman who truly seeks unbiased fairness in their work, he set a very high standard to strive for.

Doing the right thing is not always easy but, it is always right.

Those at the Law Enforcement Legal Defense Fund proved to be extraordinary in their support. Without them I could not have survived this battle or been able to continue it. They showed faith in me when very few others did and their assistance kept me in the fight when I was on the verge of a knockout.

I thank certain members of the media for their accurate coverage of these events. Without their reporting ATF and DOJ would have gotten away with all of this. The leadership of those agencies take an attitude of “battening down the hatches and allowing the storm to blow over” until they are placed under the microscope of the public’s eye.  Forced transparency. The power of the press and the pen is enormous.

As with anything worth accomplishing in life, none of us can ever do it alone.

It is also most appropriate here to honor the sacrifice of Border Patrol Agent Brian Terry whose passing shed light on the conduct of ATF and allowed the events I suffered to find credibility and attention. Prior to Brian’s death the facts and evidence contained in this opinion had been swept under ATF’s dirty rug. It is shameful that the loss of Brian’s life is what it took for the truths of my situation to be exposed.

For Brian, much of the information surrounding his murder is still covered up.

This opinion is not just a victory for me. I hope it helps the many other abused employees who never had a voice or were never able to make it this far. Brian has been instrumental in that and continues to serve his nation even in death.

***

Today, Judge Allegra’s opinion speaks louder on my behalf than any of my own words ever could or did. He is a fair and honorable man grounded in justice. His opinion reflects those standards.

I will not seize upon this opportunity to gloat or celebrate. From my view there is nothing to rejoice in. This is a sad day for my beloved ATF, the Department of Justice and all who believe in and support America’s law enforcement officers.

The title of the lawsuit alone - Dobyns v. USA - is humiliating for me. I never stood against the USA; only the corruption and abuse that infect parts of ATF and DOJ in leadership. I blew the whistle on that corruption. For that I was severely punished and left undefended.

I dedicated my entire professional life to the United States of America. I came to work every day intent on standing between the violent predators in our society and the good and innocent people who can’t or won’t do that for themselves. Some days I succeeded, some days I failed but, I always tried my best. It has been my supreme honor and privilege to do so.

An agency I spilled my own blood for and enthusiastically accepted every dirty assignment on behalf of for twenty-seven years, knowingly and intentionally accused me of a crime I did not commit; being a person who would murder his own wife and children by fire.

Some shotcallers in ATF who knew the allegations were false sat silent and watched the attacks heaped on me. Others proactively joined in the attack to gain favor with their superiors. Such is a means to advancement at ATF. Those are also the characteristics of cowards and an agency of abysmal leaders.

Prior to the attack on us ATF incompetently dismissed years of death and violence threats against me and my family. With a combination of negligence, incompetence and payback ATF executives removed from me all of the safety counter-measures I had in place for our protection.

At closing arguments in this lawsuit (February 2014) DOJ’s lead attorney David Harrington characterized my allegations as “flimsy”, and that, “Mr. Dobyns account of events are self-serving”. He argued that responsibility for the issues before the court, “Lie at the feet of Jay Dobyns”.

At that same hearing Judge Allegra stated that ATF’s treatment of me was “wretched”, their acts were “purposeful”, derived out of “professional jealousy” and were “simply spiteful”.

ATF and DOJ didn’t get it then and they won’t get it now.

Today, Judge Allegra describes ATF as an agency with, “organizational weaknesses, the inability of agency officials to supervise and control, and of demonstrated misfeasance – all rooted in the sorry failure of some ATF officials”. Further he wrote, “the story of how Agent Dobyns was treated is neither entertaining nor an easy read.”

Judge Allegra wrote in his opinion that Marino Vidoli, Steve Pugmire and Bill Newell, “ignored information about threats to Agent Dobyns and his family”, that, “the removal of the fictitious identification put Agent Dobyns and his family at risk”, that there was “no valid reason” for ATF’s failure to support us. The court wrote that the conduct of Vidoli was “unprecedented as the only instance in which Vidoli ever withdrew backstopping issued to an ATF employee.”

Four months later my home was burned to the ground by an arsonist(s) with my family asleep inside. Their own calm courage saved their lives. By removing my protections, ATF forced me to place all of my personal information in open source databases easily queried by the public.

Interestingly (but normal for ATF’s self-protecting cover-up and smooth-over executives) the day after Vidoli testified in this lawsuit ATF and DOJ announced that he and his counterparts had been internally cleared of any wrongdoing.

Following the arson persons at ATF like Bill Newell, George Gillett and Charles Higman, at the FBI like Brian Nowak, and at the United States Attorney’s Office like Beverly Anderson knowingly and intentionally pursued me “for several years” under false and fabricated pretense. They did so consciously with zero evidence and while ignoring expert investigators and a credible alibi that proved I could not have possibly been involved.

Although they each were/are employed under the banner of justice, they did not seek it. They exerted no effort to find the truth and even less interest in finding out who really attacked me and my family. That person(s) – the arsonist(s) – remain free and un-investigated. They chose to waste their effort and, during a time of government sequestration and shut down, your money chasing me.

Behind ATF and DOJ I faced a zealousness I had never seen in my entire experience as a law enforcement officer, not even towards the vilest of predators. When I complained, I was buried under ATF’s internal slander machine as a malcontent.

In his opinion Judge Allegra documents the government’s defense of perjury, obstruction of justice and retaliation.

In describing the failed courtroom testimony and credibility of some government witnesses the Court characterized them as “unworthy of belief”, “lacking candor”, or simply stating, “he lied”.

Judge Allegra describes some of the testimony he heard as, “a remarkable tapestry of fiction”. These are the type of witnesses DOJ called to the stand to testify against me. Not one lying witness or a single attorney who sponsored them has been held to task.

For the last six years I have fought to clear my name and reputation. I couldn’t live with myself if I hadn’t. Even more importantly, I would not have been able to look my family in the eye.

Eric Holder’s DOJ fought me every single step of the way. Our nation’s lawmakers watched it all take place from the sidelines. My plight did not fit the agendas of Congress.

I found some personal satisfaction as witness after government witness was called to the stand but could not look or even glance in my direction while testifying. They knew that what they’d done was dead wrong.

The second biggest mistake the government made after trying to frame me was that they attacked someone who was not afraid to fight back. A playground bully won’t come for your lunch money once he’s been punched in the mouth. He’ll just find someone weaker to pick on. If you are mild they will prey on you. That is what I am fearful of. Who is next and will anyone help them?

Agent Trainor conducted an internal investigation of ATF’s misconduct and whom the court took time to praise in his opinion as “impressive”. Layers of ATF’s senior most executives internally approved and signed-off on the Internal Affairs Division’s conclusions of wrongdoing and crimes.

I contacted the United States Attorney for Arizona John Leonardo to advise that ATF Director B. Todd Jones and his Deputy Director Tom Brandon took it upon themselves to override their entire inner-circle of trusted advisers and not pursue punishment or prosecution for those cited in the Internal Affairs report. Leonardo responded that his office was not interested.

Their failure here was extreme and deserves added attention outside the courtroom. Some people, regardless of how they ascend to power, simply do not deserve the authority we grant them. ATF is presently lead by a counterfeit management – imposters with a gold badge.

To be subjected to ATF’s dirty attacks and then to learn that the truth was ignored behind one of management’s secret, back-alley, handshakes was sickening. It caused me to question everything I ever stood for as a federal agent. In essence Jones and Brandon have executed a quo of ATF by shutting out, disciplining and /or terminating anyone who fails to agree with them.

Of recent, ATF has been led by a group of executive misfits masquerading as lawmen. A favorite phrase of ATF street agents about leadership – “they can’t even do the wrong thing right” – is much deserved.

Will our legislators react to this with effectiveness or simply allow themselves to be lied to at yet another hearing and meet for happy hour afterwards?

DOJ’s team of civil defense attorneys lead by David Harrington, Corrinne Niosi and Kent Kiffner assisted by ATF Attorneys Rachael Bouman and Valerie Bacon hid and withheld critical documents and evidence from me. They engaged in judicial misconduct, attempting to deceive the court with false statements and mischaracterizations. They attempted to illicit testimony through their questioning that they knew would produce false answers. They protected known perjurous testimony and tampered with witnesses, encouraging some to lie under oath. They ignored the obstruction of justice tactics of their clients and defended it as simply, “the cost of doing business with us”.

This is not one man’s rant. I possess steadfast, undeniable and documented proof of that. It is an absolute truth, supported by the tampered witnesses themselves, that demonstrates the lengths that our DOJ will go to win at all costs.

ATF’s Bouman went so far as to proclaim herself as a hero and crusader having her fictitious account of the events published in her church’s newsletter.

ATF’s Attorney Bacon attempted to scuttle a proper criminal investigation for fear the results would damage DOJ’s improper defense of my civil allegations.  This is jaw-dropping and blatant misconduct that nothing has been done about.

All for what? To insure that Jay Dobyns or someone like me, like you, would not find justice? That is nauseating. It represents everything that good American’s despise and has done nothing but increase the mistrust of authority.

ATF and DOJ are simply not capable of admitting fault or error until it is written down for them by those in oversight. I promise you that even now they still won’t. They simply can’t. It is not a part of who they are individually or collectively.  They are out of control and your rights as citizens are not safe.

But, on the bright side, today’s ruling demonstrates that even the worst conduct by ATF and DOJ cannot overcome an independent judiciary. A fair courtroom has proven to be more powerful than the President, the Congress or our Attorney General.

Any federal employee who believes that their bad behavior and the abuse of their subordinates can be successfully defended by government attorneys to avoid accountability should read this opinion – this proves that it cannot. But only if we take a stand against it.

This case should never have seen a courtroom. The facts and evidence presented were of no surprise to anyone at ATF or DOJ. In fact, ATF’s Internal Affairs concluded the same as Judge Allegra; only they did so two years earlier. With the facts in hand but refusing to provide me the reports, I was mocked and taunted into the courtroom by government attorneys who lead ATF’s executives around by a pinched ear.

To “chill” and intimidate me the government filed a malicious counter-suit against me for authoring my book, No Angel and agreeing to a film production.  They did so only days after my lawsuit was accepted by the court but, nearly three years after ATF was aware of my book and movie having taken no corrective action or making no to attempt to contact with me about it.  DOJ sought damages from me in excess of three-quarters of a million dollars.  Judge Allegra denied their claim – “The court concludes that the defendant is entitled to  – nothing”.

The government knew their case was unwinnable and decided that their best chance to defend it would be to withhold evidence, extend the litigation process, break me financially and extort me into an economic forfeit. Over six years later, battered and beaten, albeit financially ruined, I am here, victorious.

If DOJ’s ultimate satisfaction comes from knowing they broke my bank, I concede to them their shallow victory. Money will come and money will go but the truth will stand the test of time. On the first page of the opinion Judge Allegra quotes Shakespeare in essence stating that a man’s wallet is trash, but his good name is everything.

Do not concern yourselves with the amount of damages awarded. From the beginning I stated that this was never about money. Many doubted that, calling me a selfish, greedy, attention-seeking, narcissist.

The truth be told, I rejected the government’s “hush-money” settlement offers knowing it would very likely exceed my final award. ATF executives and DOJ attorneys told me face-to-face, “Even if you win you are going to lose”, insinuating that the “go away” money they were offering was of higher value to me than the truth. I was never going to allow them to purchase my silence. I had hoped for a higher damages award from the court but that was not to be. I will not shed a tear or be ungrateful.

This was never about a cash-out to leverage me into silence. This always was, has been, and will continue to be about the restoration of dignity that the federal government stole from me. I permit no one to put a price tag on the value of that. No one. Brandon, DOJ Assistant Director Donald Kinner and Bouman, maybe now you finally understand me.

DOJ’s lack of control created an utter waste of America’s money. Millions and millions of dollars of it.

Attorney General Eric Holder and Civil Division Assistant Attorney General Stuart Delery and Director Jeanne Davidson, you are responsible and I will say that to your faces when and if I’m ever given the chance.  You named on this opinion for a reason.

I repeat here what I said about you on nationally broadcast interviews regarding Operation Fast and Furious – the same standard applies: Each of you knew that you sanctioning the defense of criminal conduct and did nothing to correct it, OR, you didn’t know what was taking place right under you own noses in your department – either way you are incompetent and an embarrassment to this country.

Mr. Delery, during your confirmation hearing seated next to ATF’s future Director you spoke of the importance of your family in the rise and success of your career. Does anyone else’s family matter? You are shameless in how you administer the nation’s business and your boss is where it all begins. America would be well served to force you both into training on servant leadership.

The court’s opinion documents despicable truths that no one can defend.

But,

There is a critical element to the timeline of my story that should not be missed and is actually more important than the content of the opinion itself. It reinforces the court’s opinion on the dangerous incompetence of ATF’s leadership.

The abuses I was subjected to pre-date those of ATF’s Operation Fast and Furious. The cast of corrupt characters in my story is nearly identical with those from Fast and Furious.

Why is that important?

Because in 2007 and 2008 I warned ATF of the dangers of these people well in advance of Fast and Furious providing them ample time to prevent what was coming. The asleep-at-the-wheel malfeasance of Michael Sullivan, Ronnie Carter, Billy Hoover and Ken Melson empowered them.

Once the corruption was exposed they all questioned, “How did this happen?”

It happened while I was being buried and tormented by ATF for speaking out and the ringleaders of Fast and Furious remained un-touched, un-investigated, un-disciplined at a time when they were just beginning to orchestrate the greatest law enforcement scandal of the modern era.

Hundreds of Mexican citizens and police officers were murdered, thousands of lives were torn apart and United States lawmen were ambushed because those we trusted to administer ATF put their heads in the sand.  Those at DOJ tasked to monitor them did the same. Criminals in possession of those weapons will continue to maim and murder until the end of time. There is no end-life to an AK-47.

I had armed ATF with the real information they needed to prevent Fast and Furious before it started.

My national commentary on Fast and Furious was never about the mechanics of how the operation took place. I had no direct knowledge. My statements targeted those who built it and allowed it to happen and who were attempting to hide behind the lie that they didn’t know. They did.

As sensitive as these people are to their embellished public images, when the national media prints stories with titles like – Once its Star, Agent Assails ATF (Arizona Republic); Federal agent penetrated Hells Angels, fears for his life (CNN/Anderson Cooper); The Good Guy, Death threats be damned, undercover cop Jay Dobyns isn’t running anymore (Tucson Weekly); Undercover With Hells Angels, In his new book, “No Angel,” ATF agent Jay Dobyns writes about his undercover mission with the Hells Angels — and the subsequent fallout (Wall Street Journal); A Very Hellish Journey (Newsweek Magazine); Still Catching Hell: Undercover No More, Jay Dobyns Revs Up for a New Fight (Washington Post); ATF Ignored Death Threats, Tried to Frame Whistleblower Agent to Cover Corruption and An Update on Jay Dobyns’ ATF “Horror Story” (Townhall Magazine) – they sure as hell knew.

Unfortunately at ATF and DOJ, executives are deaf and dumb to the voices in the field and are “deer in the headlights” when it comes to making any type of meaningful or real-time critical decision. Inaction is their specialty. Without an attorney to hold their hand or a focus group to fall back on for blame they lack the testicular fortitude to do their jobs.

No one knew who Newell, Gillett and Higman were at that time, but I did. I was personally experiencing the dangers of their corruption. Everyone ignored me. No one cared. Until it was too late. America was insulted and embarrassed by ATF’s executive nonchalance.

Still no one of influence cares. I have the letters from the FBI, DOJ’s OIG and the United States Attorney in Arizona to prove it. They have written to me stating they intend to take no action.

I am not without blame. Had I been more resilient, more courageous, demanded more, fought harder or screamed louder, I may have been able to disrupt Operation Fast and Furious before it began. That is a burden that weighs heavy on me. I thought I was better than that but I grew too quiet, too soon. I was unsuccessful in trying to fight the beast of reprisal and the beast won that day.

I hold myself accountable for falling short but, many others much more powerful and influential than I had a clear opportunity to intervene as well. I tried my best and failed. Others never tried at all.

For all of us, but especially my friends the Terry family, I am sorry. Please know that the spirit of your son and brother’s memory provided me inspiration to continue fighting on the days I wanted to give up.

For what has been done to me and my family and to those whom did it, I have forgiven you. Although I am angry, God has granted me a spirit of compassion and I will honor it as He would have me do. I am not without flaw or mistake and I will not cast that stone. To forgive does not mean to forget.

For those who blame me for “rocking the boat” or airing ATF’s “dirty laundry” in public, you’re just going to have to find a way to get over it. I don’t take it back and I wouldn’t if I could.

For those who pre-judged me behind ATF’s spin-doctored slander, at least now you can know the real truth before you decide how you feel about it.

Many others at ATF have been, and are currently being treated similarly to me. There is nothing to be said for those who came before me who “took it”, got scared, gave up, went silent, resigned or retired without pushing back. I can understand why but that is not a part of who I am or how I was raised. I was never going to go down meekly.

For those who continue to fight the wrongs, like ATF Agent Vince Cefalu, fight on my brothers and sisters. Win or lose yours is a just cause.

I hope that I have created some pause in the minds of the malicious executives who might consider treating the next agent like they did me. Maybe it’s an agent not yet on the job. Maybe he or she is in high school or college. Maybe they are at a police department building a resume of experience. Maybe it’s a current agent with a bright future and career ahead of them. Somewhere down the line someone else will benefit from not having to live with abuse on the job based on what was accomplished in this lawsuit. Maybe.

Certain individuals should be prosecuted. Others should be forced to resign.  If this does not happen then ultimately I have accomplished nothing for the greater good.

Did I change anything for the better now? Did I improve anyone’s current lives or careers? Did I make anyone more safe or secure today? No, I did not.

When people think more of me than I deserve, that is their fault.  If I begin to believe it, that is my fault.  I am not as good, or as bad, as people believe. I am not a leader or a follower or a hero or a scoundrel.  I am just me.

I only sought justice. I am one man. One citizen. Armed with the truth and refusing to be afraid of, or intimidated by our Department of Justice. I have now done all that I can.

Our only hope for a true difference in the future is powerful oversight and meaningful reform implemented by legislators courageous enough to make it real, not the weak-kneed who can only debate about it in myth and theory.

I beg our countries leadership to do your jobs so that no American, law enforcement or not, will ever again have to experience what I have.

During this journey I found a quote that I now hold close,

“The truth is like a Lion. You don’t have to defend it.

Turn it loose and it will defend itself.”

Thank you.

-

Click this Link for a Chronological Synopsis of the Court’s Opinion -

Synopsis of Opinion from Dobyns v. USA

 

- Click this Link to the Full and Published Court’s Opinion –

Final Redacted Opinion

 

- Click this Link for the Press Release of James B. Reed and the Baird, Williams and Greer Law Firm –

MEDIA ADVISORY – ATF AGENT JAY DOBYNS DEFEATS US DEPARTMENT OF JUSTICE IN US COURT OF FEDERAL CLAIMS

 

- The arson damage to my home, August 10, 2008 –
Arson 1

Arson 3

Arson 2

Arson 4


– Attorney James B. Reed –

Jim-Reed


– My legal team (L to R) Jeff Elder, Dobyns, Reed, Carson Emmons -

Dobyns Legal Team


– The image that sat before me and my attorneys during every court proceeding –

Court Poster


– No Angel -

No Angel NYTBS

aft_screw_jay_dobyns_badge

The Public Will Know On Monday

On Monday I anticipate the Court releasing the trial opinion from my lawsuit to the public.

Over the last six years so much speculation of what happened has taken place. Monday you will know.

For those that judged me behind ATF’s propaganda machine – will you be able to see the real truth. You can still judge me but at least now you will have the facts instead of relying on rumors.

You will see how ATF’s management, past and present, treats innocent field employees (like you) and you will see how they treat those in their beloved ‘executive club’. Two very different standards are evident.

You think you know what happened? Trust me. You don’t.

This opinion should absolutely result in prosecutions and resignations – they all will be deserved and warranted. If there is not, then expect business as usual at ATF and I accomplished nothing of significance for the greater good.

- From an article that ran during the Tucson trial phase – questions and concerns – all this and more will be displayed here and elsewhere. Stay tuned:

Tim Steller: Public locked out of trial in former ATF agent Jay Dobyns’ suit

We have an interest in knowing if, how feds abandoned Dobyns

June 14, 2013

http://tucson.com/ne…85935941c3.html

Also, how is it possible the arson of his home remains unsolved? If Dobyns actually did it, the government needs to put him behind bars. If not, someone tried to kill a federal agent’s family, which should have made it an urgent case to solve.

There is also a set of doubters who find Dobyns self-promoting.

I understand their perspective to an extent: In describing his situation Thursday, Dobyns told me U.S. Attorney General Eric Holder seems to have it in for him because of the way the Justice Department is fighting him. With all that Eric Holder is dealing with, it struck me as doubtful he cares about Dobyns.

But minutes after that conversation I walked into the courtroom and had to ask myself, what explains the six people at the Justice Department table? As I understand it, four were attorneys and two paralegals – a serious outlay of legal talent.

We the people, especially the people of Tucson, have interests at each table. At Dobyns’ table, we have an interest in our federal law enforcement agents being protected from criminals and treated fairly by their employer. At the Justice Department table, we have an interest in making sure agents are doing their jobs and not winning damages – taxpayer money – over nothing.

That makes it especially unfortunate that the public is prohibited from attending the trial.

For almost three years, secrecy has marked the case, which Dobyns first filed in October 2008, two months after his home burned.

Since then, at least half of the filings in the case have been sealed.

It’s too bad, because besides the fascinating details of the case, there is a real public interest in knowing if, how and why the ATF abandoned this star agent. As it stands, it seems we’ll be left with simply knowing Allegra’s final decision when the trial ends.

IMG_4630

Big Red Friday movie

I started a small independent film company named FoFig Films. My goal is to produce police dramas on undercover work that go beyond the comfort zone of Hollywood. I don’t know a lot but, I know the world from which these stories are told and I am going to do my best to translate my knowledge and experiences to film.

The pictures will be beautiful as captured by my partner Scot Litteer at Litteer Films. I hope to write stories that you find interesting and entertaining. They will be true to the tradecraft and those who perform it, past and present. This is my way of honoring them.

I intend to deliver characters on both sides of the conflict who are hard and driven with real motivations, portray women with intelligence and importance, address stories that are relevant in our society, and make people think and discuss after watching them.

Our first project is titled Big Red Friday. It is a fictional story based on real events; the story of a jaded undercover agent on the verge of retirement being shadowed by a documentary film crew during his last week on the job (wonder where that material came from?, haha).

To date we have filmed a promotional trailer. I will post it here and elsewhere in about a month. Stay tuned.

Here are some behind the scenes pictures and screen shots.

BRF Slate
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My Open Letter to Congress on the 6th Anniversary of the Arson of my Home

This link will open the actual document:
Jay Dobyns – Open Letter to Congress – August 10 2014

The letter itself reads as follows:

August 10, 2014

An Open Letter to the United States Congress

To the Honorable Members of the Senate and House of Representatives:

My name is Jay Dobyns. In January of this year, I retired from the Bureau of Alcohol, Tobacco and Firearms after twenty-seven years of decorated service.

Today is the six-year anniversary of the arson of my home. My wife and two children were inside when the fire was set. They were lucky to escape and survive, although my home and all of our belongings were destroyed by that criminal act.

Leading up to that conclusive and somewhat predictable event, my family and I had already endured years and dozens of credible and validated death and violence threats issued from violent crime suspects and based on my work as an ATF Agent. Each time those events were summarily dismissed by ATF’s leadership as unworthy of attention.

After investigating the August 10, 2008, arson, two of the nation’s leading arson investigators determined that I was not involved. ATF’s leadership, both nationally and locally, ignored the determinations of their own experts and maliciously pursued me as the sole suspect, implicitly categorizing me as an ATF agent willing to murder his own family by fire. The managers and executives involved were known to be corrupt, despised by ATF agents, and among those who planned and implemented ATF’s Operation Fast and Furious.

Those mangers ignored real-time investigative leads and true suspects while instead illegally recording my telephone calls and attempting to gather intelligence on me. None was to be found because I was not involved and innocent. One of ATF’s investigators, an Agent trusted to investigate the Olympic Park bombing, the Oklahoma City bombing, the Columbine High School massacre, the 9/11 terrorist attack and countless other crime scenes told ATF – “I’ve investigated Jay, he’s clean, let me go find the people who did this.”

ATF’s manager George Gillett (of Fast and Furious infamy) immediately removed that agent and his partner from the case. Their investigation did not fit his agenda.

ATF intentionally scuttled their investigation before contaminating a hand-off to the Federal Bureau of Investigation. Under the guidance of the Department of Justice, the most flagrant destruction of one federal agent’s career and reputation ever publicly known took place. Now six years later the trail has gone cold and the real arsonist(s) remain at large having attempted to murder a federal agent and his family without pursuit.

When that conduct was challenged in court, both agencies used every tactic available to them, some illegal, some merely unethical and despicable, to cover-up their conduct. Attorneys for the government were fired for their actions in this case; their bad acts never acknowledged or remedied. The unethical tactics used by the government included the destruction and withholding of critical evidence and providing false sworn testimony at depositions and at trial.

The highest levels of leadership at each of these agencies are fully aware of the truth, yet they continue efforts to ensure it is never exposed. That is the system now firmly entrenched at the United States Department of Justice and at ATF – do anything necessary to keep your job, displace blame onto others, and if you must, hide and misrepresent the facts and truth from public and courtroom examination.

I respect the separation of powers between the legislative and judicial branches defined by our Constitution. As I await the findings of the court with patience and hope, I honor those laws. The truth is going to come out, whether ATF, DOJ, and their leaders Eric Holder and B. Todd Jones, care for it or not.

My biggest disappointment is that facts and evidence revealed during my lawsuit have been publicly available and brought to your attention for a considerable amount of time. Our nation’s elected officials, appointed Justice Department and ATF leaders, mid-level managers, federal prosecutors, and every internal ethics mechanism within those agencies, just doesn’t care.

Those agencies and their leaders have felt no pressure from you on this matter, thus, no inclination to do anything about ATF scuttling the investigation of the attempted murder of an agent and his family, or ATF’s calculated effort to place the crime on my shoulders. I say “ATF” because when ATF managers conduct themselves in this manner and ATF executive leadership becomes aware of it yet fails to enact discipline, terminate employment or refer internal crimes for prosecution, then ATF and those executives own and accept those misdeeds as approved methods of operation.

Fortunately, Congress and the judiciary have the power and authority to correct these wrongs. I have faith and confidence that the court will determine what facts are true and render a fair and appropriate conclusion.

But, where is Congress on this? What more is needed? If federal legislators are waiting for the court to put a bow on this situation for them then, in my opinion, you are not fulfilling your duties and passing the buck by displacing your jobs onto the Judge. Evidence is presently available for your attention and action outside of the pending legal proceedings. The court will do their job. Will you? For six years ATF’s top brass has acted in the very manner that you publicly criticize them for but, Congress has turned their backs to this situation acting in the exact manner you challenge ATF’s leadership for. Attached below is a fraction of the critical information available to you that is not protected by the court. Will you react to it or will you hold a double standard; one for your demands of ATF accountability and one for yourselves?

My situation may be unique, in that there was an attempt to murder me and my family, but the nature of cover-up and retaliation that I have suffered is similar to dozens, if not hundreds, of other cases in ATF. As I await the court’s resolution of my case, there are clear and decisive measures that Congress can take now to prevent situations like mine from being repeated. To date, none of those have been implemented, and no hearings have been held. DOJ and ATF have been empowered by your exhaustion for seeking the truth. In their eyes, they have won. They have weathered the storm, out-waiting and out-litigating your inquiries.

Given my situation and in the eyes of my family, friends and respected peers, I cannot allow the excuse of frustration or weariness to prevent me from continuing to address this matter, even in retirement.

As evidence of those agencies unchecked brazenness; in May of 2013, one month before the trial regarding my allegations of failure to assist a threatened employee, I was attacked on a commercial airline flight by gang members who recognized me. ATF, the FBI and DOJ once again failed to conduct even the most elementary investigation of that event ignoring the simplest and most basic investigative procedures that would have quickly resulted in arrests and prosecutions. I assume that that they did not react knowing that this new attack on me was outside the scope of the allegations pending before the court and could not be discussed at trial.

I have done all that I can to seek truth, justice and accountability. I am but one man mostly powerless to force or affect change. Please do your part to ensure that no other government employee, no other lawman or woman anywhere, has to suffer the consequences that I have behind their service to America’s law enforcement missions.

Respectfully,
Jay Dobyns

*ATF’s internal investigation of the arson of my home resulted in the below conclusions. Please be mindful that these are not my conclusions but rather those made following ATF’s in-house investigation. ATF’s current and active leadership dismissed the conclusions and issued no punishments.
From ATF Report of Investigation Number 20120079, October 2012:

v. DOJ IAD 1
v. DOJ IAD 2
v. DOJ IAD 3

*The following are excerpts from trial testimony and are again open source material:
v. DOJ Embarassing 1
v. DOJ Embarassing 2

*And in conclusion, an email exchange between two ATF managers, one of which was a figurehead in ATF’s Operation Fast and Furious (Gillett), conspiring to cover up their malicious pursuit of me as a suspect after learning I was innocent, not involved, and with no rational basis to do so. They have brought additional shame on ATF, yet their conduct has been internally absolved.
v. DOJ GIllett email

FoFig Films Logo - left

FoFig Films

I’ve started a small micro-budget film company. My first goal is to have fun. Goal 1-A is to make gorilla-style Indie films on law enforcement topics that will bring authenticity to the crime story genre that Hollywood is afraid to.

“FoFig” is my joke on me – Four Figures – as in how much I will (can) spend to make a movie.

My first project will be announced in the coming weeks.

You can follow on Twitter at: https://twitter.com/fofigfilms and http://www.jaydobyns.com/fofig_films.html

Form Letter, Mock or Joke; you decide

This is the letter that accompanied my retirement badge and credentials.

It is signed by the guy who tried to give me five days off (no due diligence, investigation or research, nada) for getting the Director butt-hurt by calling out his golden-boy John Torres (I was completely accurate btw) – actually flew me to his office in DC just so he could lay the wood face to face like a good order taking bully-puppet – that is until Chairman Issa wrote a letter to Holder and told him ATF can’t retaliate, at least not out in the open, haha. Brandon covered for him like it was all a misunderstanding and told me not to use bad words, haha again.

The last two sentences/paragraphs are the best. Appreciation for my valuable service? Shoulda been at the trial Ron because the bureau and DOJ painted me as the posterboy for the worst possible agent ATF had to offer. Best wishes in my retirement? Last I checked you were still trying to cave my head in for your mistakes.

You just gotta laugh.

Retirement Badge Letter

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Retirement

It was official in January but made official-official today. I received my retirement badge and credentials in the mail. In spite of ATF’s troubles, I am proud to have worked here.

Thank you to all who mentored, partnered and supported me over the years. The only memories that will last are the good ones.

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