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