I learn slower and harder than most. I don’t quit or become discouraged as easy as many.
With that, I’d stopped making any public comment on Department of Justice corruption once I realized that I had been beating my head into a block wall for twelve years trying to expose it with no positive result.
Those who knew stayed quite. Those with influence didn’t care. Not the White House, not DoJ, not Congress, not the leadership at ATF. Crickets. Silence is safe.
In my case, each of those entities had done every single thing they could both legal, and illegal, to cover up their dishonesty, except Congress. They did nothing.
All I had to show for exposing bad government was a headache. I found the whistleblower laws to be an insincere farce; a “feel-good” platform that Senator’s and Congressmen use to create free media for themselves and solicit votes from those they made believe they care.
An Executive within ATF’s Headquarters recently told me, “We all know what happened to you, we feel for you but, do you think you changed anything by airing the dirty laundry? You are the punchline to a joke between Tom Brandon and Loretta Lynch. When they think of you, they laugh hard.”
I had to agree.
When all you have to hold on to is hope for the truth, ATF and the Department of Justice is where that hope goes to die.
“Trump will help you when he wins, Jay”, I was told by Kent Terry, brother of murdered Border Patrolman Brian Terry after Kent met with Trump at a rally. “He will get the truth out for all of us.”
For the Terry’s I pray that is true. They deserve that. For me, I laugh.
The Terry family, me, the countless others victimized by DoJ’s corruption – we are lowly taxpaying citizens standing against massive government institutions designed and built to protect themselves at all costs. Nothing else matters, nothing.
Then, last Thursday, a beam of that hope shined through again. Not for me or my case. It was simpler than that. It was hope that the courts actually cared about how our government delivers evidence for legal examination on behalf of the American people.
The Honorable United States District Court Judge Andrew Hanen re-inspired me. He serves the bench in the Southern District of Texas.
Judge Hanen issued an order writing that he was fed up with DoJ attorney’s lying in his courtroom, “The question addressed by this Court was whether the Government had to play by the rules. This Court held that it did.”
That caught my eye. I thought I’d been the only one to ask that! Why was that even a question a judge would need to capture in an opinion? Wasn’t that automatic? It hasn’t seemed to be much of a concern in my case for anyone but me and my attorney. I was intrigued so I read further.
What I found was that the conduct of government attorneys in Judge Hanen’s courtroom during TEXAS v. USA, CIVIL NO. B-14-254 was nearly identical to what I had experienced [DOBYNS v. USA https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2008cv0700-293-0].
Judge Hanen wrote, “…this Court neither takes joy nor finds satisfaction in the issuance of this Order. To the contrary, this Court is disappointed that it has to address the subject of lawyer behavior when it has many more pressing matters on its docket. It is, at best, a distraction, and there is nothing “best” about the conduct in this case. The United States Department of Justice (“DOJ” or “Justice Department”) has now admitted making statements that clearly did not match the facts.”
Read him here. He’s good! https://www.scribd.com/doc/313205530/179125570172
“…the Justice Department lawyers knew the true facts and misrepresented those facts to the citizens of the Plaintiff States, their lawyers and this Court on multiple occasions.”
Right on Judge. They got me too!
“The Government claims that the reason its lawyers were not candid with the Court was that they either “lost focus on the fact” or that somehow “the fact receded in memory or awareness.”
Yep. They came up with a bunch of self-serving excuses and blames in my case as well.
DoJ’s above the law approach is neither an accident or oversight. It is their pattern and practice to believe the rules do not apply to them.
Judge Hanen caught DoJ dirty and called them out in a public opinion.
From personal experience, here is what comes next:
DoJ claims Hanen is off his rocker. They’ll issue a Motion for Reconsideration.
That motion will be denied because the DoJ’s attorneys here are criminals and there is no need to reconsider that. Judge Hanen knows it.
Then DoJ will file an appeal.
Then, we wait.
Nothing changes. Document filings. Lawyers argue. Court motions. Maybe hearings. DoJ will spin-doctor their failed ethics. Judges will judge it all.
The dirty lawyers will continue to collect a paycheck and receive free legal defense under the secret cloak of DoJ that no one can see behind. The true victims, in the Texas case their taxpayers; in mine, me and my family, will continue to be “bled out” of money, spirit and will; all under DoJ’s false representation of “truth”.
But, it’s okay. I’m pretty stubborn and we Don’t Mess with Texas. Apparently Judge Hanen has taken that slogan to heart.
Judge Hanen and I see eye-to-eye on at least one thing, likely many more. We have taken offense to the use of the word Justice in DoJ’s title.
ATF’s failed ‘frame job’ attempting to prove I had burned my house down and tried to kill my family was only made worse when DoJ’s attorneys tried to cover it up. Their deception was front and center two years ago immediately following the closing arguments in my case.
I made this public statement, “This is how Eric Holder’s DOJ, with the word ‘Justice’ in its title handles America’s business…”
Judge Hanen wrote Thursday, “…for whatever reason, the Justice Department trial lawyers appearing in this Court chose not to tell the truth….” “…the subsequent decision to hide it from the Court was unethical. Such conduct is certainly not worthy of any department whose name includes the word “Justice.””
Good on you Judge. You have a new admirer in me. All government servants could learn some lessons in courage from you.
If you’d had my case and seen the government witnesses lie, then government attorneys protect those lies with deceptions and lies of their own, then have more government attorneys deceive for them – I doubt you’d have taken the position I’m currently experiencing – ‘no harm, no foul, that’s just the cost of doing business with the Department of Justice, get over it and move along, nothing more to see here’.
A groundswell from the court’s refusing to accept DoJ’s ethical lapses and tactics is rising.