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.

tumblr_nfvpsryIf11td37ydo1_1280

DOJ Criminals!

http://tucson.com/news/local/column/steller-unsealed-dobyns-files-look-bad-for-doj/article_c880c43b-6f55-5201-b0b8-0ab6dd6cc964.html

I said all along they were cheating.  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 (below).  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.

The evidence of abuse from the trial?  That’s old news and minor compared to DOJ / ATF attorneys and witnesses defrauding federal courtrooms and judges.  Jones and Brandon knew/know about this and did NOTHING, yet they call themselves “leaders”.  They are executive bagboys.

DOJ is defending the reputations and careers of corrupt attorneys – the very same attorneys who tried to frame me and lied, cheated and stole to do it.  They are all paid to cover for Holder and his “team” and do so shamelessly.

Justice and truth are not their missions.  Coverup and self protection is.  To them “Justice” and “Truth” are meaningless words carved in the facades of their buildings.   This is the tip of the iceberg of what is yet to come.

I can’t wait to see these frauds raise their right hand on the stand in a Federal courtroom.  Tell the truth, if not, can you spell P-E-R-J-U-R-Y?  Take careful consideration to how you look in orange jumpsuits fellas before you answer and don’t drop the soap.

I can only make one guarantee. Its not of victory. Its that I will not quit and will not be broken. They fucked with the wrong cowboy.

For the ATF and DOJ “Team” still trying their best to wreck me, this is for you.  There is an “i” in team!

Ahole

 

 

 

 

 

 

 

 

Unsealed Dobyns files look bad for DOJ
ARIZONA DAILY STAR

Tim Steller, columnist at the Arizona Daily Star.

Retired ATF agent Jay Dobyns’ lawsuit against the federal government alleged they broke a settlement deal with him and mistreated him, in part by calling him a suspect in the 2008 arson of his own Tucson home.

Newly unsealed documents in his case suggest that the government misbehaved during the trial in 2013, leading to DOJ attorneys being barred from filing further documents in the case. More eerily, the misbehavior may have extended to surveillance of Dobyns’ Phoenix attorney even up into this month.

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.

The case began in October 2008, went to trial in 2013 and reached an apparent conclusion in August 2014 when Court of Claims Judge Francis Allegra awarded Dobyns $173,000, a fraction of what he had demanded. But in between, Dobyns published a book about his infiltration of the Hells Angels and became a fierce critic of the agency’s Operation Fast and Furious, a Phoenix-based investigation that led to thousands of guns being smuggled into Mexico.

Maybe that’s why, when I took a peek into the sealed courtroom in June 2013, the Justice Department had four attorneys and two paralegals at their table, to Dobyns’ one attorney and one paralegal.

One of the recently unsealed documents, a Dec. 1 opinion by Judge Allegra, finally explains why in October the judge voided his original decision, made in August, to award Dobyns $173,000. (He later reversed his decision to void the judgment, which still stands.) The reason: The judge believed that Justice Department attorneys had “committed fraud on the court.”

One area in which Allegra decided deception had occurred was in the treatment of Thomas Atteberry, the special agent in charge of ATF’s Phoenix office, and Carlos Canino, then the assistant special agent in charge of the agency’s Tucson office. In 2012, a Justice Department attorney, Valerie Bacon, asked both Atteberry and Canino not to reopen the investigation into the arson at Dobyns’ Tucson home because it could hurt the Justice Department’s defense in this case.

Atteberry and Canino were listed as witnesses in the case, but the judge didn’t hear about the DOJ effort to squelch the investigation until the trial, which he considered a concealment by the Justice Department. They went ahead and reopened the case, which remains unsolved, anyway.

More alarming was the other “fraud on the court” that Allegra cited: “An ATF agent who testified in this case may have been threatened by another witness during the trial.” Justice Department attorneys ordered the agent not to report the threat to the court or he would face repercussions, Allegra said.

A separate filing by Dobyns’ attorney, James Reed, identifies the threatened agent as Christopher Trainor and says the threats have since been reported to the Justice Department’s Office of Professional Responsibility. In earlier years, Trainor conducted an internal investigation into ATF’s handling of the fire at Dobyns’ home.

Understanding the Dobyns case through its sporadically unsealed filings can be a bit like trying to grasp a book by reading every 10th page, but it seems that this apparent misconduct by the DOJ attorneys is what led Allegra to make a dramatic ruling on Oct. 24. That day, he barred seven Justice Department attorneys who had led the case until then from making any further filings in the case. The DOJ is fighting that ruling.

But perhaps the most bizarre and worrisome allegations emerged in Reed’s Jan. 11 filing, which was originally filed under seal but unsealed by the judge except for a few redacted words. Reed, who is based in Phoenix, wrote that he “has felt himself under extreme surveillance for the last sixty days, both fixed and moving, and under lesser levels of surveillance for many months before that.”

“In the last 30 days,” Reed wrote, “counsel’s automobile has been broken into but with nothing stolen, as apparently has been his home, for which counsel has filed Phoenix Police Department complaints.”

Reed reported in his filing that he asked a retired ATF agent whom he knows, Joseph Slatalla, an expert in surveillance, about his experiences. Slatalla was also a witness in the Dobyns case.

“Slatalla confirmed that the undersigned is not imagining these things; undersigned counsel is under both fixed and moving constant surveillance by multiple personnel.”

In fact, after Slatalla met Reed at his law office in December, someone driving a car parked at the office followed Slatalla home, Reed wrote. Reed asked the judge to schedule a status conference to discuss the apparent surveillance and whether it is being conducted by the Justice Department.

Let’s assume for a minute that Reed is imagining things — or at least that if he is being watched, it isn’t by the Justice Department. Let’s even assume that the “fraud on the court” that Allegra has found was just an innocent misunderstanding.

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 that was so narrow it could almost be called a win.

2014 – A Year In Review of Dobyns v. USA

I wanted to provide to my friends, supporters, advocates and defenders a year-end update on Dobyns v. USA.

Please understand there are significant issues that I still cannot comment on as they are under seal. I will when I am am legally permitted to.

2014, a Timeline:

August 25 – Judge Allegra published his Opinion on my lawsuit which vindicated my reputation and confirmed my allegations of the abuse I received from ATF and DOJ.

I offered sincere public and private comment that I was overjoyed with the result. Would I have liked to have been awarded more in damages? Yes, of course. But, well prior to the final decision, I placed my faith in God, the Courts and my lawyers to find a fair conclusion and I was 100% willing to accept what I was delivered.  I honored that.

October 24 – in contrast, in the 11th hour of the appeal window DOJ filed notice that they were not accepting of Judge Allegra’s Opinion with their motion to the United States Circuit Court of Appeals requesting a panel review of Judge Allegra’s conclusions. This took the case away from Judge Allegra and moved it to a higher court.

This shocked me a bit. Although I had won on facts and evidence I believed that DOJ would also claim a victory with an accurate justification that their attorneys had defeated my 17-million dollar claim by reducing my award to 1% of their exposure when the court awarded me $173,000 in damages.

I’ll say it again because it is worth it – IT WAS NEVER ABOUT THE MONEY FOR ME!

From the federal government’s perspective of defending the Federal Treasury for six years (as opposed to defending my safety during that time or the six years prior), I would understand if the government as well called the Opinion a victory.  In that context, it was for them.

ATF and DOJ may have been forced to re-cork their champagne bottles (I rewarded myself with a can of beer) as they read further in the Opinion about the perjury of George Gillett and Charles Higman during trial and the reprehensible manner with which ATF responded to the arson of my home that nearly killed my family.  You may remember Gillett and Higman from the Operation Fast and Furious congressional hearings and reports.  (BTW, each escaped F&F and my situation with a soft-landing and full pensions courtesy of ATF’s shot-callers.)

At ATF and DOJ any beating put on an employee is a victory. I had accepted that as a “cost of doing business” when working for vindictive government executives.  Apparently by DOJ’s Appeal, the beating I received was not quite enough for their satisfaction.

Judge Allegra’s Opinion made clear that several ATF managers couldn’t have cared less what happened to me or my family the morning of August 10, 2008 (arson), and further, the Opinion vindicated my six year search for the truth (as I understood it at that time), returning to me my professional reputation and dignity. I was honored by some of the things that were said in the Court’s Opinion, and at certain points, elated by the specificity of the findings against the government as to how it failed to honor its obligations to me as their agent. I gave thanks and praise to God, our justice system and my attorney James Reed for helping me expose corruption through truth.

**Immediately after Judge Allegra’s Opinion was finalized some new and interesting twists emerged.

October 24 – Judge Allegra issued an Order limiting which attorneys could appear before the court in this case for any future filings or proceedings. That Order and its exact language is under seal, and I cannot discuss it.

October 29 – Judge Allegra issued an Order voiding his August 25 Opinion in my lawsuit.  In essence, he hit the re-set button.

November 19 – As the Plaintiff, we filed what is called a, “Motion For Indicative Ruling”. Civil law is very complex. As a non-lawyer I understood that to be my request to Judge Allegra to state whether he would be willing to conduct additional proceedings to find complete justice if the Court of Appeals returned jurisdiction of my case to him.

December 1 – Judge Allegra issued his response indicating that he would grant our motion IF the Court of Appeals were to return jurisdiction to him for the purposes of allowing the Court of Claims to consider new information.

December 18 – The U.S. Court of Appeals remanded my case back to Judge Allegra to allow him to fully consider our November 19 motion, the nature and detail of which I am not presently at liberty to discuss.

Today (December 22) – Judge Allegra issued an Order that set the stage for what 2015 will hold.

I attached his Order to this post since it was not issued under seal and is a Reported Decision (public) [below].

“…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.”

In his Order Judge Allegra told DOJ to address issues that were not made clear in their motions.

Particularly:

“…defendant’s response to the Federal Circuit’s December 18, 2014, order appear to implicate important matters relating to the merits of this case, and defendant’s subsequent conduct in this proceeding…”

And,

“Whether defendant has any other appropriate legal basis to disregard or delay implementation of the Federal Circuit’s order of December 18, 2014, or any other appropriate legal basis to delay the execution by this court of the Federal Circuit’s remand order?”

So,

Don’t form conclusions just yet because so much of what has taken place behind the scenes is not fully exposed or understandable. Additional proceedings will reveal that. Trust that justice is being served. My battle is not close to being over.

This 6+ year legal process has taught me patience, trust and faith. Those are character traits of which I had been lacking. One of the many gifts I received in 2014 was being educated by the process to some very valuable personal lessons regarding my behavioral flaws (patience, trust, faith) and hopefully I have become a better person for having those flaws highlighted for me.

I learned who to trust.  I found friends I never knew I had.  I rededicated myself to old friends who never left my side.  I learned that people I thought were friends were not in times of crisis.

As I head into the 7th year of this dispute I hold high-hopes for 2015. True and pure justice is not for anyone weak in commitment.  It is neither easy, nor cheap,  nor fast – but, it is worth it.

Stay tuned.

Merry Christmas, Happy Holidays, Happy New Year and God bless to all, friend and foe.

Jay

PS: Of some satisfaction to me, albeit petty, the ringleader of DOJ’s battle to defeat me was a DOJ executive attorney named Jeanne Davidson.  On August 18th, one week prior to Judge Allegra issuing his opinion on my case, President Obama nominated Ms. Davidson for a Federal Judgeship.  On December 17th the Senate denied Ms. Davidson’s confirmation.

http://www.mainjustice.com/2014/12/17/pitman-confirmed-but-many-other-doj-related-nominees-slip-through-the-cracks/

Judge Allegra’s December 22, 2014 public Order:

https___ecf.cofc.uscourts.gov_cgi-bin_show_temp.pl_file=1765902-0–11150

Rest In Peace Brian Terry

Remember when the country protested and rioted and burned down over the murder of Brian Terry at the hands of thugs armed-up by ATF and DOJ?

Me neither.

On the 4th anniversary of Brian Terry’s death – as much as they try to make you – never forget what he stood for.  Everyone who had a hand in his doom has been given a free pass.  That will never, ever, never be right.  Shameful.

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Sadness in the Heartland

This is re-posted from my Facebook page.

Jay Dobyns Facebook 11.25.14:

***

Since the Ferguson shooting 41 police officers have been killed in the line of duty – men, women, black, white, Latino, Asian.

No one rioted for them. No one from the Obama administration attended their funerals. Their deaths serving the public were limited to a blip on the public radar, consolations from within the the law enforcement world and a black band over the badges of their peers in remembrance. The media barely reacted.

I’m hearing lots of “as a black person” we are free to be shot and killed. Ignorance and racism is disgusting but if there is truly an “open season” it is on the police. Cops are free to be attacked, shot and killed because they wear a badge or a blue uniform. And guess what? It happens everyday to zero fanfare or protest.

You really wanna know what it feels like to have a target on your back and a bounty on your head? Try being a cop. The haters don’t care what color you are. They hate what you stand for. And, people of all colors accept it as a cost of doing business.

When I went to Los Angeles in 1992 to assist in riot control, below is what I faced – “X” outs and sniper bullets (under my arm on the drivers door). I drove from Arizona to California with lights and sirens at 100 mph to work to assist a community that did not look like me. I didn’t go so much to quell rioters as I did to help protect the good, innocent, hard working people in South Central, most of whom were black. It wasn’t just me, two dozen of us from Arizona, mostly white, raced to try and help in a community to which we had no ownership and was almost entirely black.

It was not about white or black or oppression of a culture or a verdict. It was about right and wrong and many of us willingly placed ourselves in harms way to do it. No one said thanks. None needed to. It was just what “those dirty white cops” do. No appreciation or concern was, or is, required. Honored to have tried to help.

Grace to ALL involved in Ferguson rioting – protestors and police – and in demonstrations around the country. Very sad days for all people who live here

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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.