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