Link

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For those following my war and expecting a conclusion on the government fraud allegations to be delivered today – stand by.

A thorough examination of the allegations of fraud and misconduct leveled against DOJ’s attorneys in their handling of my lawsuit remains ongoing. To date, the process has been both extreme and complex. My arguments with DOJ over their production of relevant documents can mildly be described as heated.

To get this right and to drill down for the whole truth is neither an easy nor quick undertaking. When facing DOJ you have to fight for every millimeter of progress, facts, evidence and truth. Those types of things are not the concern of DOJ or ATF. I have learned a valuable lesson in patience through all of this – one I badly needed. The truth will survive to the end, even when the evidence gets hidden.

Today, trial Judge Francis Allegra issued an Order granting a time extension to Special Master Judge John Faciolla allowing him room to properly complete his inquiry:

“On February 23, 2015, the Chief Judge appointed John Michael Facciola as a special master in this case (Doc. 334). Later that day, this court issued an order (Doc. 335) describing the procedures that govern the special master’s appointment, and requiring the special master to provide the assigned judge with a report on or before May 29, 2015. Today, Special Master Facciola filed a request for an extension of that deadline due to complicated privilege issues that have arisen in the case. Pursuant to this court’s February 23, 2015 order (Doc. 335, paragraph 23), the special master’s deadline to file his report is hereby extended to July 17, 2015.”

I am continuing to trust the judicial process as I have since my fight with ATF and DOJ began in 2005 – ten years and running. My fight has now spanned the tenure of two Presidents (George W. Bush and Barack Obama) and five Attorney Generals (John Ashcroft, Alberto Gonzales, Michael Mukasey, Eric Holder and Loretta Lynch). None have shown the integrity to deal with this in an honest or open manner.

If it takes another ten years, ultimately, the truth will see sunlight. I hope I am around for it.

When this broke bad I asked God for help. I was expecting a “K Street” law firm to rescue me. Instead He sent me James Reed, a disability rights and construction law attorney. I could not have done any better in anyone else’s hands. God’s perfect plan is demonstrated in remarkable ways. We are the Odd Couple.

The below picture (2009) demonstrates how the truth-seeking process has aggressively aged Jimmy and I. We weren’t ‘all that’ to begin with but, those who know us or see us daily will attest to how our appearances have sharply declined. It also represents one of our many victories. ATF and DOJ sued me for my book (No Angel). They lost.

I’m now uglier, wrinklier and fatter; Jim has less hair (that has not been an issue for me). We both have added physical ailments that come with long term exposure to stress, harassment and danger. I’m not looking for sympathy or concern. It is what it is. I’d do it all again. But, if anything should happen to either one of us, you will know where to start looking.

Jim-Jay

 

A development in current events makes this matter even more interesting. Yesterday an indictment of former House Speaker/Congressman Dennis Hassert was announced. One of the charges filed against him stemmed from his lying to federal agents.

http://www.nbcnews.com/news/us-news/dennis-hastert-indictment-contrasts-reputation-n366396

“Hastert, 73, was charged with one count each of structuring currency transactions to evade currency transaction reports and making a false statement to the FBI.”

Even the stories headline can be compared to my situation:

Indictment Taints Former Speaker Dennis Hastert’s ‘Clean as a Whistle’ Reputation

We want to believe our government, our Department of Justice, the leadership of our federal law enforcement agencies is ‘clean as a whistle’. They want you to believe it too. They are not.

When you lie to federal agents, when you cheat and create false documents and mischaracterize and cover up and deceive; the price to pay is heavy, regardless of who you are. Lady Justice is blind to titles, reputation, position or career.

Its called 18 U.S.C. § 1001 – or False Statements (but it goes further):

(a) . . . [W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States,[ 1 ] knowingly and willfully –

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; …shall be fined under this title or imprisoned not more than 5 years. The maximum fine under Section 1001 is at least $250,000 for individuals and $500,000 for corporations.

Ask Scooter Libby, Bernie Madoff, Jeffery Skilling, Martha Stuart or Rod Blagojevich if the statute is hallow or unenforceable.

For my adversaries who may read this, I am providing you the courtesy of posting this article. Take it to heart.  It is entitled How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents.

http://www.wisenberglaw.com/Articles/How-to-Avoid-Going-to-Jail-under-18-U-S-C-Section-1001-for-Lying-to-Government-Agents.shtml

Uh oh!

112 Order continuing Report submission deadline

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April 19: An Untold Personal ATF Story

In the early 1990’s an extremist militia movement was flourishing in the United States – Michigan, Texas, Idaho, and Arizona were strongholds. The common denominator of core beliefs for these groups was an anti-American government sentiment, Christian identity, the mentality of a coming “doomsday” apocalypse and survivalism. These groups often used explosives, firearms and violence in the advancement of their causes – each squarely in the wheelhouse of ATF’s investigative jurisdiction.

April 19 became an important date representing the ideologies and events of those causes. For me, April 19 is a day on the calendar that holds sadness for the friends I would lose or find injured and for the other victims who would be killed and murdered on that date, but, it also represents the joy of befriending and working alongside some of the bravest ATF Agents ever to carry the badge.

A brief history.

On April 19, 1775, the opening shots are fired during battles of Lexington and Concord, the first in the American Revolution. Those first shots were fired by American militiamen.

On April 19, 1861, a mob of radicals holding a desire to succeed from the Union attacked United States Army troops as they marched through Baltimore.

On April 19, 1865, the funeral of Abraham Lincoln was held.

On April 19, 1985, ATF Agents captured and contained the Arkansas training compound of a white-supremacist group calling themselves the The Covenant, The Sword and The Arm of the Lord. The CSA held close ties to the Ku Klux Klan and the Aryan Nations. The CSA drew ATF’s direct attention based on their illegal acquisition of an anti-tank rocket and large amounts of assault weapons. Focus on the CSA increased when member Richard Snell murdered a pawn store owner believing the victim was Jewish and then later, an African American Arkansas State Trooper.

Later, during training related to survival of combat shootings, I would become friends with ATF Agent Bill Buford who led the CSA raid.

In the late 1980’s ATF surged in hiring new agents. They were men and women each young and eager to be involved in the most dangerous aspects of the job. We wanted in the mix and made up the core of our Special Response Teams (SWAT) and undercover operators, mentored by our experienced veterans. Training and working together, they would become some of my most beloved friends and trusted partners.

In 1992, in Ruby Ridge, Idaho, ATF arrested a survivalist named Randy Weaver for his possession of a sawed-off shotgun. The initial capturing of Weaver was performed using the undercover ruse of a broken down vehicle, bluffing the dangerous Weaver into assisting so the arrest could be made safely without a raid. My classmate, mentor, friend, and eventual undercover partner Steve Gunderson pulled that off without incident. Weaver was released on bail but failed to appear for his court hearings. The second attempt to capture Weaver resulted in the murder of United States Marshall William Degan, who I had met during an earlier undercover operation, and the deaths of Weaver’s wife and son.

On April 19, 1993, 51 days after ATF had attempted to raid the compound of the Branch Davidian’s in Waco, Texas, the siege ended when fire broke out during a second attempt to secure the structure and occupants. Tragically, 81 people were killed.

During the initial raid four ATF Agents and friends were murdered – Steve Willis, Robert Williams Todd McKeehan and Conway LeBleu. We were friends as a part of the same hiring and training cycles. Bill Buford was again involved, this time suffering significant gunshot injuries.

ATF Agent Pete Mastin, who had investigated my second combat shooting and with whom I had become close, was a team leader that day. On Pete’s team was ATF Agent Kenny King, yet another friend. Kenny was severely wounded in the assault suffering near-fatal gunshot wounds and falling from a roof inside the compound walls. With Kenny trapped and immobilized, Pete quickly organized a rescue party of my young peers to save him. With Pete leading the way, not a man to ask any young agent to do anything he wouldn’t first do himself; together they placed their lives in real-time risk to retrieve a fallen brother. Kenny was saved, survived by a shoestring and later recovered to lead one of the most remarkable “beating-the-odds” stories in ATF history. Heroism, loyalty, dedication and love were put on full display. My very limited involvement in the event helped me form friendships that have lasted a lifetime and set for me an example of our commitment to each other.

The event.

In 1995, a home-grown terrorist named Timothy McVeigh held a burning hatred for ATF behind the Waco and Ruby Ridge events. His mission was to identify a location for attack, one that housed ATF. A potential target he scouted was the United States Federal Building in Tucson, Arizona, where my office was located.

On April 19, 1995, having determined his prime location, McVeigh detonated a weapon of mass destruction at the Murrah Federal Building in Oklahoma City. 168 innocent American’s died that day. 19 were children. 3 were pregnant women. It was a manufactured device of scale and power that America had never seen on our own soil.

untitled2My friend, ATF Agent Luke Franey, was inside the building at the time of the bombing and somehow, both remarkably and miraculously, survived.

This date also marked the execution of the CSA’s Richard Snell for the murders he had committed.

The investigation.

ATF’s overt involvement in the bombing was clear and easily seen. ATF investigates bombs and bombings. Alongside the nation’s local, state and federal law enforcement, ATF Agents across the country mobilized chasing any lead into any cranny.

Another friend, ATF Agent Lowell Sprague (below, sunglasses) was ordered not wear his ATF raid jacket or anything identifying him as an ATF Agent as he helped lead McVeigh from the jail in Perry, Oklahoma. The FBI wanted to make sure they got all the credit. Lowell had covered me as a Sniper on many undercover operations.

images2(Of Note: Oklahoma State Trooper Charlie Hanger made the actual arrest. And, unrelated but very telling, when the first World Trade Center attack occurred, ATF Agents were slung on a makeshift rig and lowered into the deep blast seat searching for evidence. They recovered the van part that was stamped with the VIN of the bombs delivery vehicle only to lift the evidence out of the hole, hand it to waiting FBI Agents waiting in a safe and stable location and then held up for cameras to display their success, but I digress.)

Investigation into McVeigh’s co-conspirators was intense. A nationwide “all-hands-on-deck” call went out. The investigation took the umbrella operational name of OKBOMB.

Terry Nichols helped McVeigh build the bomb. Michael Fortier helped him devise the plan and scout locations. Both Nichols and Fortier were McVeigh’s Army buddies. Fortier was his roommate.

McVeigh and Fortier had lived in Kingman, located in the northwest corner of Arizona. This area, in addition to the southern tip of Nevada, was a hotbed for militia groups and training. Intelligence quickly developed that indicated McVeigh had associated with some of those groups.

The untold story.

At the time of the bombing I was working undercover in Las Vegas, a mostly uninteresting and mundane investigation into militias. Some gun and drug buys had been the result but, nothing that would raise anyone’s eyebrow. After OKBOMB, that quickly changed. The possibility that one of my targets might have been involved or have information related to the bombing became hot.

Unlike the massive blue-wave that worked in plain view to figure out the who, how and why, this covert phase of the investigation would stay quiet.

ATF Las Vegas Agents Terry Clark – the case agent, Ed Verkin – the supervisor (below), and Darrin Gil – himself a phenomenal undercover operator but unable to use that tactic on this case due to his potential previous exposure to those groups in the area, formed the core.

lv4001

 

ATF San Francisco Agents Frank Wandell and Dave Loftus were brought in for support and surveillance.

ATF Explosives legend Jerry Taylor was our device expert.

Las Vegas Metro Officers Gayland Hammack, Pat Fielding and Eric Cruse joined the team and mission.

ATF needed an undercover “hitter” for me to work alongside with. They got ATF Atlanta Agent Vince Cefalu. The first time I met Vince we were both peeing off the second story balcony of a favorite bar near our academy.

The team was set and the pace for an undercover operation was unusual. It was characterized as “urgent, as in right now!”

With that we all went to work. During the months that followed my wife became upset. Not because I was working away from home again but because our baby boy took his first steps in Tucson while I was likely sitting in some broke-dick bar trolling for terrorists.

EPSON MFP image

 

I introduced Vince to the targets I had met and we cast our nets outward. We ultimately infiltrated and joined a group calling themselves the “Nevada Volunteers”.

turner diariesThey were a hodgepodge cluster of people ranging from paramilitary types, to bikers, to the common man but all holding a shared viewpoint that a Zionist Occupational Government, or ZOG, was nearing. They feared an economic and world police takeover that would disarm the citizenry. Some stockpiled weapons. Others lined their bomb shelters with canned peas and MRE’s. Still others did both while cashing in their savings for gold coins. Their bible was the Turner Diaries, a novel describing a violent citizen revolution, government takeover, the bombing of FBI headquarters and race purification created with the extermination of Jews, gays and anyone “non-white”.

The book was found alongside McVeigh in his get-a-way car.

Vince and I dove in. Our personal base of operations – our office – was the tavern at the Glass Pool Inn just outside McCarron airport on Las Vegas Boulevard. We operated from there buying machine guns, sawed off shotguns, homemade nitroglycerin and entertained as our “friends”; anyone who hated America and wished for her destruction.

glasspoolinnlvnv_3glasspoolinnlvnv_4

 

 

 

 

 

 

 

We befriended “all-stars” of the movement like Johnny Bangerter, leader of the neo-Nazi’s in Utah whose plan was to turn the Zion National Park into a whites-only skinhead compound. He wore military camo that had American, Confederate and Nazi flags sewn on the breast and held a plan to assassinate Utah Senator Orrin Hatch. His bodyguards slung M-16’s on their backs. We briefly trained with Bangerter and the members of his Army of Israel.

Another high profile target we got close to was Bo Gritz, a highly decorated Special Forces vet from Vietnam and Vice-Presidential candidate running mate of Ku Klux Klan Grand Wizard David Duke.

We had the opportunity to get much closer to both but were stood down and told to “disengage the target”. When we asked if the FBI was making that call the answer was “higher”. When asked if it was Attorney General Janet Reno, the answer was the same, “even higher, and don’t ask again.” Our only conclusion was the direction was coming from the White House or CIA.

Our efforts to work on the “shotcallers” were shortstopped but it unwittingly led us to a much more dangerous target. His name was Jeffery James “J.J.” Tenpenny. Vince and I quickly abandoned JJ as his moniker and affectionately nicknamed him “The Dime.”

As it turned out The Dime was only loosely affiliated with the militia cause but was greatly inspired by their effectiveness. After buying guns and drugs from him at his home on several occasions, gaining his trust and confidence, he revealed his plan – implode three Las Vegas Casinos and brutally murder a corporate attorney. Coming from such a low-level target it was simply not believable.

The Dime explained that he had a deep-seated hatred for Steve Wynn, the Las Vegas mogul known as King of the Strip. Wynn owned and operated the Mirage, Treasure Island and Golden Nugget casinos, each an anchor and landmark representing everything Vegas. The Dime had a legal dispute the Wynn Corporation and wanted to create “Oklahoma City Part II” as a part of his payback.

But, there was an evil twist, not before Vince and I were to splash Wynn’s attorney in the face with acid and shoot her to death in front of her children as she delivered them to school. “I want those kids to see her face melt off first.”

We confronted The Dime with the senseless brutality of his proposed crimes. We tried to give him an out and call his bluff. This was so dynamic and extreme that even a hack defense attorney would have a good shot to defend his client by alleging entrapment. How would a nobody like Tenpenny ever orchestrate such a massive attack let alone ever pull it off? It had to be a scapegoat setup? That question at trial would be the first and most obvious to come.

The Dime fixed that for us. Vince asked him, “Do you realize that you are going to kill thousands of innocent people? Grandma’s and Grandpa’s and babies?”

The Dime pulled back his shirt and revealed a solid black tattoo of a heart on the left side of his chest. “You see that? That heart is black. I have a black heart and I don’t give a fuck.”

Dime 2

 

Problem one solved. He was committed and predisposed. The second problem was the one that we were sure would make his claims nothing more than street talk. How?

Tenpenny fixed that for us as well. He introduced us to an associate who held a reported degree in chemical engineering. Together they had calculated the amount of C-4 it would take to implode the casinos. Unbelievably he also had blueprint diagrams of the casinos themselves. He spread them out on a table at the Glass Pool for us to examine. Later, he walked us through the target locations and casually pointed out where the devices would be placed to create maximum structural damage. As he did I saw a toddler doing a babies “Frankenstein” style walk and thought of my boy.

The Dime sunk himself still further when he ordered the devices with specific detail.

Jerry Taylor in a mad-scientist way that only Jerry could pull off, built actual functioning devices to fit the request. One was disguised inside a picnic cooler. The other in a briefcase. Even more C-4 was provided for the third location. Each were built to be detonated using a model airplane hobbyist’s remote control and servos.

lv3002

 

The reality is that even a bomb of that power would not, in and of itself, compromise the structural integrity of a Las Vegas casino. Not to the likes of the Murrah Federal Building but, the death volume in a location of that type would be catastrophic.

To build a solid and prosecutable case the devices had to be real. No fakes. The last potential criminal defense of such an outrageous scheme would be to argue in court that although Tenpenny may have talked a good game, the actual devices he received were not real bombs and therefore had not committed a real crime. Jerry made sure they were real. No dummy bricks of plastic explosive for anything Mr. Taylor was going to put his name on.

On takedown day Vince and I delivered the bombs to Tenpenny in his darked-out garage. It was truly creepy as hell. Vince may not admit it but I know I was uncomfortable and it wasn’t the heat mirages coming off the street as we moved out of the sunlight. In near total darkness The Dime examined the devices with a flashlight. An ATF cover team make up of our ATF and Metro partners staged in the alley. This was at a time when Agents were still allowed to handle their own business without engaging a major SWAT operation to put handcuffs on a suspect. A lot of long days and nights had come to pass for this moment.

Vince was to deliver the bust signal. Because of the sensitivity of the devices and our proximity to the C-4, we didn’t wear body wires that day. A jump-over signal from our transmitter to the remote detonating servo would make sure that the only thing blown up was Tenpenny’s garage, and us.

Prominent in the news at that time was the name Joey Buttafuoco whose 16-year-old girlfriend shot his wife in the face after confronting her on their affair. The bust signal was set.

The Dime gave us the plan. He would place the devices and leave the casinos in a timed coordination with Vince and I murdering the attorney. Everything was agreed to.

Vince was determined to have Tenpenny call in his own assault. He’s crazier than most of the suspects we worked. That’s a part of what made him great. He started to light a cigarette but I waved him off, eye-shrugging at the bombs.

“Dime, what’s the name of that guy who had the affair with the little girl and then she blasted his old lady in the head?”

Tenpenny was clearly not the brightest of bulbs. “John Bobbitt.”

I tried to fix the answer for The Dime. “No that’s the guy whose wife cut his dick off and then threw it in the woods.” The Dime just couldn’t come up with the code. We could hear footsteps from the bust team approaching anxious to make the arrest and put an end to our games.

In frustration Vince gave in. “Joey Buttafuoco you idiot.” “BUTTAFUOCO!” That was all it took. Doors unhinging, glass breaking and me ready to wet myself again alongside my partner. “Please don’t detonate. Please don’t detonate.”

Moments later Tenpenny was proned out, Taylor de-activated the devices and unfortunately, The Dimes loyal and massive Rottweiler, Bear, laid dead on the driveway after attacking an Agent trying to protect his beloved master.

The subsequent search of Tennypenny’s house found a copy of the Turner Diaries in his nightstand.

Tenpenny was indicted and convicted on explosives charges. At his sentencing and in an attempt to clear his conscience when the Judge asked him if he had anything to say The Dime offered, “Your honor, I might as well get this out. I sold those guys some sawed-offs and a bunch of meth too.”

This portion of the OKBOMB story has never been fully told and it’s not fully told here. The Las Vegas media knows where their bread is buttered. The case was buried deep in the local paper and described only in minor detail.

Vegas Article

 

***

Ed Verkin received a very nice fruit and nut basket from the Wynn Corporation in gratitude.

After a cumulative years’ worth of investigation, ATF awarded Vince and I $300.00 dollar cash bonuses. $167.73 after tax and withdrawals. We were grateful and likely took our cash to a bar.

Vin and Bird in LV001

lv1001

 

***

On April 19, 2013, as ATF Agents assisted in the search for the Boston Marathon bombing suspects and worked to identify the bomb itself, bomber Tamerlan Tsarnaev was killed in a shootout with police.

 

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The Death of Justice

 

The schedule for the Special Master inquiry into alleged fraud by government attorneys during Dobyns v. USA has been set.

In mid-May I will be in Washington, D.C., taking depositions of critical key witnesses. The time to expose more truths has grown close.

During the trial on my  case-in-chief, I won on the facts and evidence. DOJ and ATF’s legal counsel tried very hard to disprove the truth. But, truth-be-told (play on words)  they won as well, having defeated my claims for millions of dollars in damages.

I believed that I deserved a higher judgment, but I believed even more in the system and respected Judge Allegra’s award. I was at peace after my day in court. DOJ should have also respected the system and celebrated their financial victory. What they would have had to pay for what they did to me and my family was their equivalent of a single, lost french fry at the bottom of a Happy Meal bag. The arrogance of Eric Holder’s DOJ and ATF could not accept that.

Soon after the trial Opinion was published, the revelations of how low the governments lawyers had stooped trying for victory was exposed – which brings us to the here and now.

I intend to prove that DOJ’s attorneys were intentionally and willfully fraudulent in their conduct during the trial.  DOJ will defend that conduct and work to convince us otherwise.

Accountability is right around the corner. If I am successful, I will let it be known. If I fail, I will let that be known as well. When the details are ultimately made public it will turn your stomachs. They are not as good at cover-ups as they think they are.

If you are a ‘bettin’ man’, lay your chips on Jay Dobyns and Jim Reed. We may not get to their money but we will get to the truth and that truth is priceless.

The name of the header picture is titled: The Death of Justice

 

 

The_Seven_Bishops_Committed_to_the_Tower_in_1688_by_John_Smith

The Seven

The United States Court of Federal Claims has appointed Judge John Facciola (ret.) to serve as the Special Master to conduct the continuing investigation of fraud by government attorneys and executives during their defense against my lawsuit.

I am both pleased and excited by the appointment. Judge Facciola has an impeccable track record and I will place my faith and trust in him, just as I did Judge Allegra, to ferret out the truth. It is there somewhere. Like a gold nugget buried deep in mountain, I just have to go mine for it.

In many ways, a Special Master is the civil courts’ version of a Special Prosecutor, only more powerful and influential on the process and the outcome.

Judge Facciola will oversee and participate in this investigative process. He has been appointed to assist our trial judge, Judge Francis Allegra, so as to free Judge Allegra to continue to dedicate his attention to his judicial duties, such as conducting trials. When this post-trial proceeding is completed, Special Master Facciola will deliver his findings and recommendations to trial Judge Allegra.

A deadline for the process has been set for May 30, 2015. That date may be extended upon request by Judge Facciola and approval by Judge Allegra if deemed necessary.

Judge Allegra will then consider the results of Judge Facciola’s findings and recommendations and determine if the conduct revealed by this investigation had an impact on Judge Allegra’s final trial court opinion in my case. If yes, then Judge Allegra has the authority to issue a new, or at least supplemented trial opinion and judgment. I’m not sure exactly how that will work. This truly is groundbreaking in many ways.

Judge Facciola has determined that the details of his investigation will remain sealed during this process. Once the findings and recommendations are delivered to Judge Allegra, then Judge Allegra will determine if any documents that were protected during this special proceeding will be unsealed. I will not be able to publish any investigative details or results until a ruling to unseal has been issued.

The starting point for the investigation is this: in certain unsealed opinions, orders and memoranda filed by the parties, seven Department of Justice attorneys have been barred from submitting further filings with the court by Judge Allegra for alleged fraud on the court. To my knowledge, this is unprecedented.  I am also alleging certain ATF executives participated in the conspiracy.  Only time and further investigation will tell.

I am quite sure they are oiling the shredders and sledge hammering hard drives at ATF and DOJ right now.

Federal judges are dispassionate and carefully calibrated in what they write in their orders and opinions, because what they order has the force of law for the affected parties. They are not quick to accuse without a strong belief. Investigators and attorneys are also subjected to case law (Giglio and Henthorn cases) that require the disclosure of personnel records as related to honesty. If the outcome of this proceeding is to find fraud by DOJ attorneys, I do not know how DOJ ever again sends those particular lawyers into a courtroom to represent the United States.  They simply cannot.  But, they use lots of paperclips and staples at DOJ and someone has to count them.

We will investigate whether other attorneys beyond the seven should also ultimately be included.  In cooperation with the Court we will eventually determine who did what and who thought they could keep it secret.

I say they committed fraud and crimes, DOJ defends that they didn’t. That is why we have impartial courts.

Call it justice, karma, bad pizza – whatever you want. One thing is for sure, the accountability for their conduct will be a dish best served cold.

2408atg-w484h484-7648-all-aboard-the-hot-mess-express-tank

DOJ’s Created for Themselves a Hot Mess

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.

Attached here: https___ecf cofc uscourts gov_cgi-bin_show_temp pl_file1797036-0–26619

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

      http://www.washingtonpost.com/local/crime/low-level-federal-judges-balking-at-law-enforcement-requests-for-electronic-evidence/2014/04/24/eec81748-c01b-11e3-b195-dd0c1174052c_story.html

    • Judge Rebukes Justice Dept. for Requesting Overly Broad Email Searches

      http://www.nytimes.com/2014/03/20/us/judge-rebukes-officials-over-requests-for-broad-email-searches.html?_r=0

    • Dan Choi Trial Halted, Judge Allows “Vindictive Prosecution” Defense

      http://www.thenewcivilrightsmovement.com/tags/john_m_facciola

  • Judge John Facciola Exposes Justice Department’s Unconstitutional Search and Seizure of Personal Email

    http://e-discoveryteam.com/2014/03/23/judge-john-facciola-exposes-justice-departments-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.”

So,

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.

So,

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

http://www.azcentral.com/story/news/arizona/investigations/2015/02/23/judges-aide-atf-inquest-challenged-government/23918485/

doj_holder-thumb-640xauto-3787

Should Jeanne Davidson Be A Federal Judge?

Can you say “Special Prosecutor”?

Yesterday Senator Charles Grassley initiated the vetting procedures for Ms. Jeanne Davidson, President Obama’s and DOJ’s nominee for a Federal Judgeship.

Ms. Davidson was the ringleader for the attorneys who were representing DOJ in defense of my allegations during Dobyns v. USA.  They lost.  Under the unwatchful eye of Ms. Davidson and in a Federal courtroom those attorneys lied, cheated, withheld evidence, misrepresented and mischaracterized facts, defended, promoted and protected perjury and obstruction of justice and tampered with witnesses – i.e. FRAUD! – also known as attorney misconduct and corruption of the justice system.

02-05-15 Grassley Statement

Senator Grassley’s statement on the meeting contained the following:

I believe both the Davidson and Botticelli nominations can be voice voted.
However, before we vote on the Davidson nomination, I wanted to note that recently unsealed
court documents in the case of Dobyns v. United States have prompted some questions that needto be answered. I want to follow up with her regarding the extent of her involvement in the case.
So we’ll report her out today, but I’ll be sending her some additional questions that will need tobe answered before her nomination is considered on the floor.

 

If Ms. Davidson did nothing wrong then she should be confirmed.  If she did have a hand in the fraud then she doesn’t deserve to be a Federal Judge.  Simple as that.  I know this, personally I would not trust her answers and would want to go beyond what she submits to test her credibility.  A person being awarded a Federal Judgeship must be held to a standard of full transparency, accountability and honesty.  I trust that Senator Grassley will get to the rock bottom truth.

My attorney contacted Ms. Davidson before trial began with allegations of fraudulent conduct by the DOJ attorneys Ms. Davidson was supervising.  Some of those allegations of Fraud have now been exposed by the Judge in my case and made public.  They are serious.  Never before have seven DOJ attorneys collectively been dismissed from an active litigation they were leading.  Then again, never before has a Cabinet member been held in Contempt of Congress.  Holder and crew continue to set new low-ball standards of ineptitude.

Five months before my trial even started Ms. Davidson fluffed off the allegations with a typical, condescending DOJ how-dare-you-challenge-us tone as “unfounded”, “without merit”, and that, “no inappropriate conduct has occurred”.  She takes personal ownership of the issues reaffirming that she was “appropriately apprised” of what was taking place.

She added security for her claims by vouching for her attorneys and their credibility and – wait for it – discussing their conduct with DOJ “officials”.  What officials?  Who else at DOJ, above her knew about those shenanigans?

Ms. Davidson was either A) asleep at the wheel, B) covering up the actions of her subordinates, C) protecting fraud, or D) all of the above.  She needs to explain the who, what, when, where, why and how she arrived at such a powerful, confident and denying response to real and true allegations of DOJ corruption.

Who knew?   When did they know?  What did they do about it?

Is Jeanne Davidson the type of person who should be a Federal Judge?  Do you want her administering the laws of the land?

13-0208 Jeanne Davidson – Re Dobyns (3)

Dear Mr. Reed,

This letter responds to your various email communications alleging improprieties by David Harrington, counsel of record for the United States in this matter.  I have reviewed your email messages, correspondence, pretrial materials and other documents including the recording of the early meeting of counsel and the report of investigation in the pending personnel action.  Additionally, I have met with Mr. Harrington, as well and Donald Kinner (the immediate supervisor on the case) and Corinne Niosi (trial attorney assisting with the case).  Because we take seriously any allegation of potential impropriety, however unfounded, I have considered your complaints and discussed them with officials within the Civil Division.

Mr. Harrington is a senior trial counsel who has handled numerous complex matters throughout his tenure at the Department.  He is particularly experienced in Court of Federal Claims rules and procedures.  Mr. Harrington has always kept his supervisors appropriately apprised about case developments and has earned the respect of his supervisors, peers and Judges for his professionalism, preparation and judgement.  Based on my review as described above, I believe that your complaints are without merit and that no inappropriate conduct has occurred.

Lineup

21 Questions

Congress doesn’t need to hold hearings on this. They simply need to draft a letter to Attorney General Eric Holder and ATF Director B. Todd Jones demanding truthful and complete answers. This is all it will take. If the AG and Holder will answer honestly, this will be soon be resolved for good.

Congress, you game?  Will you oversee what we have elected you to monitor?  The Department of Justice has already told the Court they are not willing to investigate the allegations made against them.  Will you help me?  I am only seeking the truth.

Here are twenty-one questions for Holder and Jones to get you started.

1. Who was briefing you on the status of Dobyns v. USA?
2. What were you told and are you satisfied that your briefings were accurate and complete?
3. When did you first see the two ATF Internal Affairs reports [‘Reports’] on ATF’s reaction, response and investigation of the Dobyns home arson and on ATF’s removal of Dobyns’s backstopped countermeasure identifications?
4. What did you do about the factual allegations of criminal conduct and policy violations contained in the Reports?
5. What was Deputy Director Thomas Brandon’s role in this matter and upon whose instructions was he following?
6. Who was disciplined based on the facts, evidence and recommendations contained in the Reports and to what extent?
7. Who ordered that the Reports be withheld from Dobyns and his attorney and why?
8. When did you first learn that DOJ attorney(s) advised Judge Allegra that the Reports were irrelevant to Dobyns v. USA?
9. What did you do about it?
10. When did you first learn of ATF Attorney Valerie Bacon’s attempt to scuttle the arson investigation and upon whose instructions was she following?
11. What did you do about it?
12. When did you first learn that ATF Internal Affairs investigator Christopher Trainor had been threatened/intimidated regarding his investigation/testimony/participation in Dobyns v. USA?
13. What did you do about it?
14. Why did ATF close their investigation into the threats on Trainor without completing it?
15. What did you do when Judge Allegra referred to you allegations of government fraud related to Dobyns v. USA?
16. Why has DOJ’s Internal Affairs refused to investigate the allegations of fraud against DOJ attorneys requested by a Federal Judge?
17. Have you prepared for prosecution any of the criminal conduct revealed in the Dobyns v. USA trial, namely Obstruction of Justice and Perjury?
18. If no, why not?
19. Is DOJ, ATF or any government agency conducting surveillance on Dobyns’s attorney James Reed or any other party adversarial to the government in Dobyns v. USA?
20. If yes, who, who has ordered it, and why?
21. Do you consider yourselves to have any personal responsibility, ownership or accountability for the conduct of DOJ Attorneys, Agents and/or government witness’s actions in any of these matters?

 

Mr. Holder and Mr. Jones, before you answer I will suggest you review these below listed and highlighted snippets (all published within the last week) of what is now known publicly and compare that to the other, yet to be revealed, compromising information you are aware of. It is clear that United States Court of Federal Claims Judge Francis Allegra is no longer willing to allow you to hide behind the courts seals.  Mr. Holder you are already being held in contempt of Congress.  Please honor the Department of Justice and the American people and don’t make that worse.  Mr. Jones, you will be joining him if you try to stonewall, cover-up or deceive our nations elected leaders:

 

http://tucson.com/news/local/column/steller-unsealed-dobyns-files-look-bad-for-doj/article_c880c43b-6f55-5201-b0b8-0ab6dd6cc964.html
January 22, 2015 – Arizona Daily Star – Tim Stellar – Unsealed Dobyns files look bad for DOJ

- “For people like me, who have sympathized with Dobyns but tried to reserve judgment about his case, the documents push us further into the retired agent’s camp. You can’t read the few filings that have been unsealed in the case without wondering why the Justice Department is going to such extremes and spending so much on what is, at base, a relatively minor contractual dispute that could have ended years ago.”

- “It still boggles the mind why the DOJ has fought Dobyns so hard for so long and at such great cost, even after a loss at trial…”

 

http://armsandthelaw.com/archives/2015/01/unsealed_court_.php
January 23, 2015 – Of Arms and the Law – David Hardy – Unsealed court files in Jay Dobyn’s case full of bombshells

- “This is DOJ’s Watergate… or worse. Attorneys and agency officials concealing evidence, secretly threatening witnesses, agency surveillance of attorneys and witnesses. All over a civil lawsuit — can you imagine what they’d do over something big?”

 

http://www.examiner.com/article/judge-alleges-fraud-on-the-court-by-government-attorneys-dobyns-case
January 25, 2015 – Examiner.com – David Codrea – Judge alleges ‘fraud on the court’ by government attorneys in Dobyns case

- “The judge then reportedly notified Attorney General Eric Holder, then-Deputy AG and (“Number Two” at Justice) James Cole, and the Office of Inspector General of DOJ attorney fraud against the court, and issued an order barring seven of the attorneys from filing any further legal documents in the Dobyns case.”

- “Without explanation, ATF closed its investigation of the witness alleged to have threatened Trainor. DOJ’s Office of Professional Responsibility advised Judge Allegra they were not going to pursue fraud allegations against their attorneys.”

 

http://townhall.com/tipsheet/katiepavlich/2015/01/26/federal-judge-accuses-doj-attorneys-of-defrauding-the-court-in-case-of-atf-whistleblower-jay-dobyns-n1948216
January 26, 2015 – Townhall.com – Katie Pavlich – Federal Judge Accuses DOJ Attorneys of Defrauding The Court, Threatening Witness in Case of ATF Whistleblower Jay Dobyns

– “Dobyns is the first law enforcement agent to ever successfully infiltrate multiple layers of the notoriously dangerous and violent Hells Angels motorcycle gang through “Operation Black Biscuit.” After doing so and after his identity was exposed, he received death threats against himself and his family. ATF did nothing to protect him. When his house was burned to the ground at 3 a.m., ATF supervisors tried to frame him for the arson after Dobyns blew the whistle and exposed supervisors had done nothing to address serious and credible threats against his family.”

– “According to a letter to Judge Allegra from the DOJ Office of Professional Responsibility, OPR has “received multiple inquiries regarding whether the Federal Circuit’s December 18, 2014 Order remanding the case of Jay A. Dobyns v. United States, No. 08-700C (FMA), to the Court of Federal Claims for further proceedings will affect the inquiry recently initiated by OPR into allegations that Department of Justice attorneys committed misconduct in the Dobyns case,” and “the court will order depositions of at least some of the attorneys and other witnesses in this case, as well as the receipt of other relevant evidence.”

 

http://thehill.com/opinion/katie-pavlich/230813-katie-pavlich-will-the-next-ag-stand-for-the-rule-of-law
January 26, 2015 – The Hill – Katie Pavlich – Will the next attorney general stand for the rule of law?

- “…an issue that certainly needs to be addressed during Lynch’s hearing are recent revelations that DOJ attorneys defrauded a federal court and intimidated a witness in Dobyns v. USA.”

- “The DOJ Office of Professional Responsibility has received a number of inquiries related to DOJ attorney misconduct during the case and has ordered depositions of the attorneys involved. Overall, DOJ leaders are standing by the attorneys accused of wrongdoing, saying they are outstanding civil servants. Lynch would do well to open up an investigation of her own into their potentially criminal behavior, which has been thoroughly documented by a federal judge.”

 

http://www.foxnews.com/politics/2015/01/29/federal-judge-blasts-doj-lawyers-in-case-fast-furious-whistleblower/?intcmp=latestnews
January 29, 2015 – Fox News – William La Jeunesse, Maxim Lott – Federal judge blasts DOJ lawyers in case of ATF whistle-blower

- “In a newly unsealed, Dec. 1, 2014, court ruling that legal experts said was highly unusual, Allegra accused seven Justice Department lawyers of “fraud upon the court, banned them from making any further filings in the case and took the unusual step of directly notifying Attorney General Eric Holder.”

-““In 40 years of legal practice, government and private, I’ve never seen that done,” said David Hardy, a constitutional law expert who formerly worked in the U.S. Solicitor General’s Office.”

-“That’s when Justice Department lawyers got involved. In the ruling from last month, Allegra found a key witness in the trial said he was threatened by another ATF agent – and that ATF lawyers told the threatened agent not to tell the judge about it.”

- ““[ATF lawyers] ordered the agent in question not to communicate the threat to the court and stated that there would be repercussions if the agent did not follow counsel’s instructions,” Judge Allegra said in his ruling.”

-“It’s a huge issue. Look, a lawyer’s stock and trade is his or her integrity, and to have a situation where a federal judge is basically questioning your candor with your court — it’s exceedingly serious,” Thomas Dupree, a partner at the prestigious law firm Gibson, Dunn & Crutcher and a former DOJ official from 2007 to 2009, told FoxNews.com.”

-“It’s very, very serious,” said Dupree. “Judges don’t make allegations like this cavalierly. It’s only after they have looked at the evidence and they have deep concerns that something that is not quite right. This is not by any means a run-of-the-mill, routine order.”

-“The judge also sent evidence of the alleged malpractice to the DOJ’s Office of Professional Responsibility, which initially opened an investigation. However, legal filings show that the agency soon suspended its investigation, saying it would wait to hear what Judge Allegra finds.”

 

http://www.azcentral.com/story/news/arizona/investigations/2015/01/29/federal-judge-suspects-atf-attorneys-fraud-jay-dobyns-case/22551977/
January 30, 2015 – Arizona Republic – Paul Giblin – Judge suspects ATF attorneys of fraud in ex-agent’s suit

-“A federal judge suspects that seven attorneys representing the Bureau of Alcohol, Tobacco, Firearms and Explosives committed fraud in the case of a retired federal agent who infiltrated the Hells Angels motorcycle gang in Arizona.”

-“Court of Federal Claims Judge Francis Allegra banned the attorneys from filing documents in his court, and he ordered additional hearings to investigate the attorneys’ actions, essentially creating a trial within a trial.”

-“The court found that two now-retired ATF executives, George Gillett and Charles Higman, allowed Dobyns to be treated as a suspect in the 2008 fire as a form of payback for a previous settlement he had received against ATF for largely ignoring earlier death threats against him.”

-“Former U.S. Attorney for Arizona Paul Charlton said he has never heard of a federal judge taking similar action against government attorneys.”

-“”That’s extraordinarily unusual, and if the basis for that order is true, greatly disappointing,” said Charlton, who served in the U.S Attorney’s Office from 1991 through 2007.”

-“Concerning the possible tailing of Dobyn’s attorney, Reed reported to the court on Jan. 11 that he believed he had been under extreme surveillance for two months and lesser surveillance for many months before that.”

-“Reed wrote that people tracked him at his home, office and while driving, and may have been responsible for break-ins of his car and home during which nothing was stolen. Reed reported that he told retired ATF agent Joseph Slatalla about his concerns and when they inspected the damage to his car, someone in another car photographed them, then followed Slatalla.”

-“The Department of Justice’s Office of Professional Responsibility opened, then shelved, an inquiry into Allegra’s suspicions about the attorneys, according to letter to Allegra from Justice associate counsel Raymond Hurley.”

-“While OPR will continue to gather information and monitor the proceedings in the Dobyns case, it will not, for the time being, conduct witness interviews or engage in other investigative actions relating to the issues before the court,” Hurley wrote in the letter, dated Jan. 9.”

 

If as a citizen, you are concerned with what has taken place here at ATF and DOJ, and that concern inspires you to do something, you can write to our most attentive, powerful and involved Senators and Representatives to ask they serve in the manner we have elected them to.

Senator Charles Grassley http://www.grassley.senate.gov/constituents/questions-and-comments
Representative Darrell Issa http://issa.house.gov/contact/contact-me/
Representative Jason Chaffetz https://chaffetz.house.gov/contact-me/email-me
Representative Trey Gowdy http://gowdy.house.gov/contact/
Representative James Sensenbrenner http://sensenbrenner.house.gov/contact/email.htm

Optimized-Holder-Jones-gun-control

“ATF’s Watergate…or worse.”

If the above picture were part of a movie script it would read like this:

TITLE CARD: Based on the true Story

FADE IN.

INT. EXECUTIVE MEETING ROOM – WASHINGTON. D.C. – DAY

We are in the halls of justice; the bowels of justice actually. A statue of LADY JUSTICE – blindfolded, she carries a scale in one hand and a sword in the other. She towers over the CROWD but no one takes notice of Her presence or meaning.

ATTORNEY GENERAL HOLDER and ATF DIRECTOR JONES are holding court before a group of SUCK-ASS YES MEN. In the law enforcement world they each consider themselves the Prince’s of the City. They speak in private, low tones, out of earshot of their groupies.

JONES
I hate that whiny bitch Dobyns. Can you help me?

HOLDER
Anything you want B. He’s just an agent, right? Not a boss or an executive or anyone we care about?

JONES
Even better brah. Retired Agent. What I like to call a P.O.S. – Plain ‘Ol Sitizen.

Both laugh.

JONES (cont.)
Defend me brah. How about you have your legal goons pretend like we didn’t try to frame him and put him in prison?

HOLDER
But we did. Or, at least your agency did. Come on brah, you know that. You guys issued a report saying so.  Fucking dumbshit!

JONES
Don’t matter brah. Just bury all the evidence. You know, like Fast and Furious. Lie. Downplay and then stonewall. Put some of your dogs on his attorney too. Harass the shit out of him.

HOLDER
This stuff always leaks out. Damn reporters. Then the next thing you know I’m sitting before Congress on C-SPAN getting ass-raped with questions.

JONES
Chill brah. Congress don’t care. Just do what you do. Deny, deny, deny. Then counter-allegate. Keeps those bloodhounds off your scent every time.

HOLDER
OK, brah. I got your back. No one blows the whistle on us. Now let’s tell all these groupies here what good leaders we are. They’ll nod their bobbleheads to anything for a promotion.

JONES
(joking)
Truth, Justice and the American way.

Both laugh at their inside joke.  They each light a cigar.

FADE OUT.

R

 

If you are going to cheat, then be good at it and don’t get caught.  If you are going to lie, then at least win.  When you cheat and lie and get caught and lose – then don’t be douchebags and pretend like you didn’t.

It is one thing to play dirty with me.  I have limits to the levels I can fight back.  I am doing my best but I am still just one man pushing against the largest law firm on the planet.

But,

When you play dirty in a Federal courtroom before an experienced and tenured Federal Judge – oooohhhh – that’s a whole different ball game.

http://www.examiner.com/article/judge-alleges-fraud-on-the-court-by-government-attorneys-dobyns-case

Judge alleges ‘fraud on the court’ by government attorneys in Dobyns case

The tone set by Attorney General Holder at Justice and ATF Director Jones is one established at the very top of the Obama administration.

The tone set by Attorney General Holder at Justice and ATF Director Jones is one established at the very top of the Obama administration.

 

 

Commenting on revelations about Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Department of Justice (DOJ) actions in the case of retired agent Jay Dobyns against his former employer, attorney David Hardy equated them with “a BATF and DOJ Watergate… or worse,” Friday. Noting that actions taken over a civil lawsuit evidently have included concealing evidence, secret threats against witnesses, and surveillance of attorneys and witnesses, the new information lends further credence to Dobyns’ allegations and appears to show government lawyers engaged in a criminal conspiracy.

“For people like me, who have sympathized with Dobyns but tried to reserve judgment about his case, the documents push us further into the retired agent’s camp,” Tim Steller of the Arizona Daily Star admitted. “You can’t read the few filings that have been unsealed in the case without wondering why the Justice Department is going to such extremes and spending so much on what is, at base, a relatively minor contractual dispute that could have ended years ago.”

Dobyns gained fame after infiltrating the Hells Angels and writing about his experiences in the New York Times bestseller, “No Angel: My Harrowing Undercover Journey to the Inner-Circle of the Hells Angels.” He has since been the subject of numerous reports focused on retaliation he has been subjected to for coming forward with information exposing official wrongdoing. He was also instrumental in providing background information on management personalities and practices involved in the Operation Fast and Furious “gunwalking” scandal.

Dobyns had sued his employer for failure to properly investigate an arson attack that destroyed his home and endangered his family, and for reneging on protection agreements over death threats he received, after the bureau withdrew his cover identity following the Hells Angels case. In September, Senior Judge Francis M. Allegra of the United States Court of Federal Claims awarded Dobyns $173,000 and denied government royalty claims against Dobyns for his book, seemingly providing an end to a prolonged six-year ordeal until the government challenged that ruling in the 11th hour. In a move surprising to many case-watchers, the judge then voided his own judgment, provoking speculation but no answers as to why.

Some of that may be getting clearer with the unsealing of case documents, now available on the Public Access to Court Electronic Records (PACER) system. Language used by Judge Allegra in his now-unsealed December 1 opinion does not mince words, and seems damning.

“[T]he court … issued an order voiding the prior judgment based upon indications that the defendant [ATF], through its counsel, had committed fraud on the court,” Allegra wrote. “[F]raud on the court consists of conduct: 1. On the part of an officer of the court; 2. That is directed to the ‘judicial machinery’ itself; 3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4. That is positive averment or is concealment when one is under duty to disclose; 5. That deceives the court.”

Further detailed allegations, being investigated by this reporter and seemingly corroborated by the unsealed opinion, include Judge Allegra being contacted by Internal Affairs Investigator Christopher Trainor, a key witness in the Dobyns case, concerning his being threatened by a main government witness — one the judge himself had raised perjury questions about — and chillingly,also threatened by lead government attorneys. Trainor had reportedly earlier given the intimidation to ATF, which opened a criminal investigation, and then approached ATF and Department of Justice attorneys, both of whom allegedly refused to report the witness tampering allegations to the judge. It is further alleged Trainor was warned by the DOJ attorney that if he reported the witness to Judge Allegra, his career at ATF would suffer.

The judge then reportedly notified Attorney General Eric Holder, then-Deputy AG and (“Number Two” at Justice) James Cole, and the Office of Inspector General of DOJ attorney fraud against the court, and issued an order barring seven of the attorneys from filing any further legal documents in the Dobyns case. Although no direct connection has been established, it is noted that the timing of the judge’s notification appears contemporaneous with Cole’s resignation and Holder’s announced resignation.

“Coincidental” timing did not end there. Without explanation, ATF closed its investigation of the witness alleged to have threatened Trainor. DOJ’s Office of Professional Responsibility advised Judge Allegra they were not going to pursue fraud allegations against their attorneys.

“OPR has informed the parties that, while OPR will continue to gather information and monitor the proceedings in the Dobyns case, it will not, for the time being, conduct witness interviews or engage in other investigative actions relating to the issues before the court,” Judge Allegra was informed. OPR essentially told a federal judge they were not going to investigate concerns about fraudulent conduct by DOJ attorneys that he had raised.

After vacating his opinion so that he could incorporate the information into a new opinion, Allegra asked the Appellate Court to remand the case back to him in order to further determine the scope of alleged misconduct and the negative impact it may have had on the trial, a request that was granted in December. The next day, DOJ filed a sealed motion challenging its attorneys being barred and Allegra ordered it unsealed, further ordering DOJ justify its motion. That clarification was filed under seal in early January, and again, Allegra ordered it unsealed.

The documents show DOJ defending the accused attorneys, arguing they are upstanding civil servants and in good standing with the bar. In doing so DOJ was defending attorneys who allegedly ignored facts and evidence, harbored perjury, and bolstered ATF’s attempt to frame Dobyns as an arsonist willing to murder his own family by fire. It mischaracterized information to the judge — primarily arguing to Judge Allegra that Trainor’s Internal Affairs report was irrelevant to the case, and denying Dobyns access to the report for twelve months, only relenting just before trial.

Trainor’s report and his testimony were, in fact, essential to Dobyns’ case, perhaps explaining why he would be a prime target for intimidation. It also could explain why DOJ treated Trainor as a hostile witness, when he clearly was nothing more than an independent fact-finder.

Dobyns filed motions on January 12 in two phases, one unsealed and one sealed, the latter being ordered unsealed by Allegra. The information, said by a knowledgeable source to be ‘astounding” and “catastrophic,” further alleges collusion between ATF top management and DOJ to deny justice by covering up misconduct.

These developments lend themselves to circumstantial speculation, including that Judge Allegra ordered motions unsealed because he has lost patience with and confidence in the government lawyers, seemingly an understatement inlight of his allegations of fraud. Further informed speculation surmises one DOJ attorney has had a federal judgeship derailed due to “mismanagement” of the Dobyns lawsuit.

Additionally, allegations have surfaced in the Dobyns’ motion Judge Allegra ordered unsealed that Dobyns’ attorney had been placed under surveillance to the point where the judge has been asked to allow his withdrawal, leaving the retired agent’s pursuit of justice further hampered.

“I said all along they were cheating,” Dobyns advised readers of his website in a Friday post. “Everyone was like, ‘sour grapes, disgruntled agent, whiny narcissist, etc. … Just a fraction of the dirty games ATF and DOJ played on me are coming out. Reporters are finding it all on their own with no prompting from me. This is only the portion of what Judge Allegra has unsealed and allowed to be exposed. More and better dirt on these people is coming.”

“Everyone who has read this and called Jay their friend, and probably enjoyed his generosity over the years needs to take the five minutes it will take to write a letter, and send it certified mail to Sen. Charles Grassley and newly appointed House Oversight Chairman Jason Chaffetz DEMANDING DOJ answer for this,” Dobyns’ friend, colleague and fellow whistleblower Vince Cefalu told members of the CleanUpATF forum. That’s the website formed by bureau insiders fed up with waste, abuse, corruption and fraud, and the place where revelations of Fast and Furious guns being found at the murder scene of Border Patrol Agent Brian Terry were first made.

Cefalu himself is a previously-promoted agent who ran afoul of management for objecting to illegal wiretapping. Escalating retaliation, including for his providing further evidence of management wrongdoing, resulted in his being illegally fired and then reinstated in a settlement that included $85,000 in damages, legal fees, and an expunging of adverse information from his record.

These latest developments, along with revelations about ATF “sting” scandals in Milwaukee, Wichita, Portland and Pensacola, call into question the very justification for confirming B. Todd Jones as permanent director after a string of acting bureau heads. But before extrapolating that to engage in further speculation, the next developments in Judge Allegra’s court, as well as the reaction, if any, from Sen. Grassley and Rep. Chaffetz to these latest revelations, will provide the best window into who in the government knew and did what, and how high it has gone.