Tag Archives: Dobyns v. USA

U.S. District Judge Andrew Hanen of Brownsville

“…the Justice Department lawyers knew the true facts and misrepresented those facts to the citizens…” e.g., Don’t Mess with Texas or Judge Hanen

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…”

(starting at 2:54) https://www.nranews.com/series/ginny-simone-reporting/video/betrayed-exposing-the-truth/episode/ginny-simone-reporting-season-5-episode-5-betrayed-exposing-the-truth

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.





I am often undeservedly credited for bravery or courage.

That praise is much more appropriate for Jim Reed, my attorney and my friend.

This is an article that was published by the Arizona Republic today.

It is worth the read to learn the hidden story on what and how Jim has had to overcome in life.


Jay Dobyns fought the Hells Angels. Jim Reed fought the feds.

The ATF agent wanted to bring an unbelievable case against the U.S. government. He only knew one attorney. But that attorney was made for the job.


Liars, Cheaters, Cowards and Sissies (aka DOJ)

You Decide:

(If you look through the “Key Players” sidebar attachment to the story, isn’t it amazing that the pictures posted of Bill Newell and George Gillett are of them proudly displaying firearms during their catastrophic Operation Fast and Furious debacle?  It actually isn’t.  These are the misfits that DOJ and ATF backed in their attempt to trainwreck me.  Den of Thieves.)


Records indicate DOJ execs aware of misconduct alleged in ATF case

Paul Giblin, The Republic | azcentral.com 9 p.m. MST September 2, 2015

Top U.S. Department of Justice officials withheld information from a federal judge about judicial irregularities in a high-profile lawsuit against the ATF, according to recently unsealed court documents.

The disclosures are contained in thousands of pages of court records unsealed Aug. 12 in the case of retired undercover agent Jay Dobyns, who infiltrated the Hells Angels motorcycle gang.

Dobyns sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives for failing to properly investigate an arson at his Tucson home on Aug. 10, 2008, and for neglecting to protect him and his family against death threats.

The Justice Department oversees ATF and other federal law-enforcement agencies.

Unsealed records show Stuart Delery, now the No. 3 person at the DOJ, and Jeanne Davidson, who has been nominated for a federal judgeship, did not notify the judge in response to e-mails telling them a DOJ attorney tried to scuttle plans to reopen the botched arson investigation.

Electronic e-mail receipts from their accounts were sent, indicating someone saw the e-mails.

E-mails also show Davidson participated in discussions with subordinates about whether to tell the trial judge that an ATF supervisor possibly threatened an ATF internal-affairs agent whose testimony helped Dobyns.

James Reed, Dobyns’ attorney, said Delery and Davidson were ethically and legally obligated to report the possible witness and evidence tampering.

Delery and Davidson declined comment because the matter still is in litigation, said DOJ spokesman Patrick Rodenbush.

Rodenbush noted that a court-appointed “special master” investigated several incidents of possible misconduct during the trial, but concluded government officials’ actions did not constitute fraud on the court.

The special master, retired U.S. Magistrate Judge John M. Facciola, recommended on July 23 that the trial judge’s original opinion stand, because the possible misconduct did not appear to taint the trial judge’s opinion.

















Former federal agent Jay Dobyns, left, with his attorney, Jim Reed, at Reed’s office in Phoenix on Friday, July 31, 2015. (Photo: Michael Schennum/The Republic)

Facciola noted that the matter of whether government attorneys and ATF executives should face discipline could be addressed in other venues.

The trial judge, Federal Claims Judge Francis M. Allegra, ruled in Dobyns’ favor last year, awarding him $173,000, a fraction of the $1.7 million he sought.

Federal Claims Chief Judge Patricia E. Campbell-Smith, who has taken over the case, has yet to indicate whether she will accept Facciola’s recommendation.

It is uncertain what, if any, repercussions Delery, Davidson or other DOJ officials could face in light of the newly unsealed documents.

Delery was the DOJ’s senior supervising counsel during the Dobyns case. He now serves as DOJ acting associate attorney general, which is the agency’s third-ranking official.

Davidson also held a supervisory role during the Dobyns case. She now serves as director of the DOJ’s Offices of Foreign Litigation and International Legal Assistance, and has been nominated to a judgeship on the U.S. Court of International Trade.

DOJ attorneys are held to an extraordinary high standard, said Paul Charlton, who served six years as the U.S. attorney for Arizona and 10 years as an assistant U.S. attorney.

“The lawyers within the Department of Justice, unlike lawyers who represent private litigants, are supposed to advocate for the truth and nothing more. Your client is justice in a literal sense, it’s the right outcome, it’s the right thing to do,” Charlton said.

DOJ and ATF executives wanted to make an example of Dobyns, because he was one of a select few agents to publicly challenge ATF decision makers about unethical and improper actions, said retired ATF Agent Vince Cefalu of Lake Tahoe, Calif.

The years-long legal fight was the result, Cefalu said.

“What they do is they grind down until you can’t take it no more and you say, ‘Alright, I’ll stop. I’ll drop it. I’ll stop being a fool. I won’t talk anymore to the public or to the media or to the Congress or to anybody,’ ” Cefalu said.

Testimony during the Dobyns trial last summer showed ATF attorney Valerie Bacon attempted to influence ATF Special Agent in Charge Thomas Atteberry about plans to reopen the investigation of the arson at Dobyns’ home, because it could damage the ATF’s defense in the case.

Reed, Dobyns’ attorney, informed Delery, Davidson and other government attorneys of Bacon’s conduct.

In an e-mail on May 14, 2014, Reed insisted DOJ attorneys investigate, disclose and prosecute or punish everyone involved in what he called “the attempted criminal obstruction of justice by Valerie Bacon.”

The newly unsealed documents include e-mail read-receipts indicating people with access to Delery’s and Davidson’s e-mail accounts opened Reed’s e-mails.











Assistant coach Jay Dobyns chats up the team before the Salpointe Catholic vs. Gilbert Campo Verde high school football game at Salpointe Catholic High School in Tucson. Photo taken Friday, Aug. 21, 2015. (Photo: Mike Christy/Arizona Daily Star)

Reed said he knew about Bacon’s actions before trial because Atteberry informed Dobyns, who in turn told Reed.

Atteberry, the ATF’s special agent in charge, testified: “I had a phone conversation, and I also believe I talked to her in person one time when she was in Phoenix, and I believe during the telephone conversation she made a comment to me that if you — meaning myself — reopen the investigation, that would damage our civil case.”

Allegra, the trial judge, clearly thought the incident warranted investigation.

He ordered his opinion served on then-U.S. Attorney General Eric Holder and two federal oversight agencies, accompanied by a transmittal letter pointing out Bacon’s actions and the government attorneys’ failure to disclose them.

However, the special master determined Delery’s and Davidson’s involvement — or non-involvement — had no impact on the trial judge’s ability to make an informed ruling. The special master reasoned Bacon’s attempt to sway Atteberry failed, so the trial unfolded as if it never happened.

The special master’s investigation also showed that several layers of DOJ attorneys, including Davidson, were aware of reported threats against ATF Internal Affairs Agent Christopher Trainor.

Trainor investigated Dobyns’ complaints that ATF supervisors improperly stripped him of his covert identification and purposely mismanaged the investigation of an arson at his home.

Trainor’s finding cast a trio of ATF supervisors, including Tucson chief Charles Higman, in a poor light.

Midway through the three-week trial, Higman left Trainor a voice mail in a “confrontational and antagonistic” tone that Trainor considered a threat. The same day, someone stuffed a construction cone into the tailpipe of Trainor’s vehicle.

Later, Trainor called Higman about the voice mail. Higman said no threat was intended. “That’s ridiculous. Why would I do that? I don’t even know you,” Higman replied, according to a transcript of the call.

Trainor reported the contact to an ATF attorney and DOJ lead trial attorney David Harrington. Harrington told him that the calls were not relevant to the case, according to court records.

Trainor disagreed and told Harrington that he planned to report the threat directly to the trial judge. Harrington twice told Trainor he should think long and hard about what that would mean for his career, according to court records.

DOJ attorneys exchanged more than two dozen e-mails discussing whether to disclose the matter to the trial judge.

Eventually, they decided to withhold the information, swayed in part by Harrington’s views that testimony about the arson was complete, Higman said his message was not a threat, and Trainor had withdrawn his demand to tell the judge.

Davidson, the high-ranking DOJ official, told the others in a July 21, 2013, e-mail what portion of the exchange would be important for the judge to know. She didn’t view the reported threat by Higman important, so the trial continued without the judge learning about it.

After the trial concluded, Trainor told the trial judge about Higman’s and Harrington’s comments. That led the judge to request the special master to investigate.

Trainor, who retired last year, declined comment.











Salpointe Catholic assistant football coach Jay Dobyns (with tablet) is a former UA football player and former ATF agent who went undercover with the Hells Angels. (Photo: David Sanders/Arizona Daily Star)

None of the behind-the-scenes activity mattered, according to special master Facciola, because they failed to influence the trial judge’s decision.

Facciola wrote: “There was a decision made, based on legal principles and strategic judgments, that there was no reason to bring the alleged threats to the attention of the court. It bears emphasis that the wisdom of that decision is not the special master’s concern.”

Dobyns’ attorney said justice would be better served if everyone involved was deposed.

“The U.S. Department of Justice is supposed to be the gold standard of ethics,” Reed said. “They are supposed to go above and beyond their pursuit of ethical obligations by seeking the truth, regardless of whether or not it hurts the federal government.”

Retired undercover ATF Agent Louie Quinonez of Scottsdale said he believes the case has been driven by professional jealousy. Dobyns was one of the agency’s most effective undercover agents, but certain officials didn’t appreciate the risks he took nor the contributions he made.

ATF decision makers tried to quiet Dobyns for questioning decisions, Quinonez said. “If anyone asks me, ‘Should I stand up to the agency on this issue?’ I’d be inclined to tell them, ‘Don’t do anything. Keep your mouth shut and take it — or they will destroy you,’ ” Quinonez said.



Special Master’s Opinion and Court Records Unsealed

“Today, August 10, is the seven year anniversary of the arson of my home. Should you continue to read on you will see that I am still fighting DOJ and ATF for justice and accountability.

On August 7, the United States Court of Federal Claims Special Master, the Honorable Judge John Faciolla, filed his Opinion and Order on his investigation.

172 Order re Unsealing File

The Special Master has ruled against me. In his eyes I failed in my attempt to prove that DOJ committed fraud upon the court during the trial of this lawsuit. I lost this battle.

The Special Master ordered the unsealing of certain documents related to the inquiry of alleged fraud and misconduct against Department of Justice attorneys during their defense of my allegations in the case Dobyns v. USA.  I commend him for this decision.

The documents will soon be available through the United States Court of Federal Claims; docket 1:08-cv-00700-FMA. For those who hold a Pacer account they will be published here: https://www.pacer.gov/psco/cgi-bin/courtinfo.pl?court=E_USFCC

What you are going to find is witness statements, investigative reports, DOJ’s insider emails, court filings, thousands of them.


A friend telephoned and asked me if I felt like a wounded lion.

“Yes. A bit. I’ve been wounded before. I will be fine.  A wounded lion is dangerous.”

I thought it both timely and appropriate to set the featured image (top of page) for this posting of the Swiss sculpture, the LION OF LUCERNE. It honors Swiss Guards massacred during the French Revolution – fighting, and failing – to defend a palace of great importance and to protect the people inside. They lost their battle as well.

Upon seeing it for the first time Mark Twain described “the Lion”: “His size is colossal, his attitude is noble. His head is bowed, a broken spear is sticking in his shoulder…”

Yes, that is how I feel today – noble, bowed and with a spear in my back, wounded, hurting.

You will have to wait for the Clerk of Court to publish the remainder of the unsealed file.

These are the instructions I have received:

1) The Clerk’s Office will wait to unseal any documents until August 12, 2015, when the Clerk’s Office receives defendant’s redacted versions of ECF document numbers 337, 350, 401, 342, and 342-1 on CD-ROM.

2) Once the Clerk’s Office receives the redacted versions of the documents listed above, the Clerk’s Office will upload the redacted versions to the docket. Please note that the Clerk’s office will not replace the sealed versions of these documents, but instead will file the redacted versions separately in order to preserve the official court record.

3) Finally, the Clerk’s office will unseal all other documents filed in the case from March 4, 2015, to the present except for ECF document numbers 409, 410, 425, and 428, which are to remain under seal pursuant to the Special Master’s August 7 order.

This is how it all went down. What follows are my allegations based on the evidence available to me.


Between 2004 and 2008 my family and I received numerous death and violence threats from criminals I had investigated who were subsequently arrested, indicted and prosecuted.

ATF failed to show any real interest in investigating these events. A few are listed here:

From ATF Report 20130060 (Robert “Mac” McKay threat):McKay


From Office of Inspector General Report dated September 22, 2008 (Curtis Duchette threat): Duchette


From Office of Inspector General Report dated September 22, 2008 (Art “Whitey” Dominquez threat): Whitey


From Office of Inspector General Report dated September 22, 2008 (Doug “Slut Doug” Wistrom threat): Wistrom


From Office of Inspector General Report dated September 22, 2008 (Robert “Chico” Mora threat): Chico


From intercepted jailhouse letter written by convicted Hells Angel murderer Kevin Augustiniak:Augustiniak


The United States Office of the Inspector General (OIG) investigated ATF’s failures to investigate or even react to these threats and countless others.

OIG Conclusions delivered to President Obama and United States Attorney Eric Holder:

OIG Conclusions




ATF chose to hold no one accountable or enact any changes. They blamed me. I filed a complaint against ATF. I met with ATF’s #1 and #2 shotcallers; Deputy Director Ronnie Carter and Assistant Director Billy Hoover, working together we reached an out of court settlement. In doing so ATF agreed that I had been subjected to retributions through ATF’s inaction to the threats I faced.


Almost immediately after settling my dispute and in spite of the active threats and murder contracts, ATF made an unprecedented decision and removed every single protective measure, or “backstopping”, I had in place to defend myself; fictitious ID’s, registrations, public records, etc. They did this maliciously as a new form of “payback”. I believed the recall of my protections was ridiculous, unnecessary and very dangerous but, I choked it down, content to move forward and put the dispute behind me. ATF’s Internal Affairs Division took a harsher view of what was done.

From ATF Report 20130060:ID Withdrawl

In his published Opinion (posted below) Trial Judge, The Honorable Francis Allegra, found, “…the central conclusion of the report was that Chief Vidoli, NIBIN Chief Pugmire and SAC Newell ignored information about threats to Agent Dobyns and his family in deciding to remove the fictitious identification. And the report underscored that the removal of fictitious identification put Agent Dobyns and his family at risk.”

Vidoli walked away with a promotion courtesy of now ATF Director Thomas Brandon.



On August 10, 2008, with my private personal information now open to the public for a few months and easily accessible, my home was burned to the ground by arsonist(s). My wife and two children were inside when the fire was started. Nearly everything we owned was destroyed.Arson

Before and After

I had many enemies. There were many suspects.

At that time, Charles Higman was ATF Tucson’s Resident Agent in Charge (RAC). He prevented an immediate ATF response to the incident and then coordinated and co-orchestrated a failed attempt to frame me for the arson. He did this in spite of some of America’s top arson investigators documenting that I was not involved and ignoring the true suspects. Higman (and others) did not view those expert opinions as a deterrent in their attempt to set me up.

This situation was fast becoming an even more dangerous one than I had previously settled. Spoken and written threats had evolved into a real attack.

As background, Higman was the puppet for two ATF Phoenix Field Division managers, Special Agent in Charge (SAC) William Newell and Assistant Special Agent in Charge (ASAC) George Gillette. Newell and Gillette were later determined to be the “boots on the ground” ringleaders of ATF’s ongoing Operation Fast and Furious. Higman managed the Fast and Furious gunwalking predecessor, Operation Wide Receiver. Their track records of incompetency were both well known to ATF and extraordinarily dangerous.

Because my family was in our home when the arson occurred, the “Three Amigos” were also accusing me of being someone so despicable that I was willing to murder my own family by fire (arson of an occupied structure).

I was never the best ATF agent, the smartest or, the best person. I have many flaws. What I did do was work my ass off for my agency and spilled my own blood, gallons of it, many times. I did not deserve to be criminally set-up by the people I worked for.

Joining ATF’s corrupt mangers were Federal Bureau of Investigation Agent Brian Nowak and Assistant United States Attorney Beverly Anderson who happily participated in the effort to pin the felony on me. They were going to be the ones to bring down the guy who was appearing on television and who had written a book that was going to become a movie. For that and my whistleblowing I had become Public Enemy #1 at ATF and DOJ. The U.S. Attorney’s Office in Tucson still considers me a suspect. If they could “get” me, they would be DOJ heroes.

When I complained to ATF executives of the frame-job I was literally “taunted” into legal action. Acting ATF Director Michael Sullivan (at that time also jointly holding the position of the United States Attorney for Massachusetts) told his U.S. Attorney peer who was serving as my liaison, “Tell Jay to do what he has to do.”

I accepted the challenge and filed the lawsuit now titled Dobyns v. U.S.A. DOJ took up the defense of ATF.


In 2012, a year before trial, ATF Special Agent Christopher Trainor who was assigned to ATF’s Internal Affairs Division conducted an exhaustive and comprehensive investigation of ATF’s failed reaction and response to the arson and the recall of my protective backstopping measures. He also examined ATF’s tactics to pin the crime on me.

Trainor’s report was completed and approved/sanctioned by ATF. In it, eleven conclusions of unethical and potentially criminal conduct towards me were documented citing the Three Amigos – Newell, Gillette and Higman – as the primary culprits.IAD 1


I knew, ATF knew, everyone knew that Trainor had proven my allegations true. DOJ also knew what they were facing if we walked into a courtroom. They were in possession of the facts, evidence and official conclusions. Trainor had delivered those in a thorough and complete manner.

I tried to settle the lawsuit on numerous occasions. I DID NOT want to go to court. Not for fear of a loss but rather for fear that I would be responsible for further exposing how dirty ATF had become. I did not and do not view that as my responsibility to expose.

In spite of the actions taken against me, I still loved ATF and the men and women who served in the lower levels of the agency. My public statements were never designed to embarrass ATF or my peers, only to prevent any of them from ever again having to suffer under the treatment I had been subjected to by management. All of my “internal’ efforts for resolution had failed to produce a result.  Neither ATF or DOJ had provided no voice in the matter and my only hope of survival and accountability was through the media. ATF and DOJ refused to take me serious.

Each settlement attempt I made was unilaterally rejected by DOJ and ATF. During one negotiation the governments counter-offer to me was, “drop your lawsuit against us and resign from service immediately or you will be terminated.” When I rejected that bad-faith “offer” ATF Executive Ronnie Carter emailed his peers saying, “Jay thinks this is just another payday”, referencing the out of court settlement I had previously negotiated with him.


In the summer of 2013 DOJ forced this case to trial, five years down the road from the arson. Their goal was to humiliate me and send a message to anyone who might challenge them in the future.

The first two weeks of trial were in Tucson and after a short break, the final week was in Washington, D.C.

Newell, Gillette and Higman served as DOJ’s “star” witnesses.

During trial, DOJ attorneys tried to help both Gillett and Higman “talk off” their conspiracy to withhold critical documents that helped prove they were trying to frame me for the arson and that they were doing nothing to pursue credible suspects. The key document demonstrating their audacity, being so brazen they even wrote it down and then transmitted their plan electronically (oops, I found it) was presented at trial. Gillette sent Higman this message to bolster Higman’s confidence that they would get away with knowingly and intentionally withholding information of their attempt to frame me from ATF superiors.v_-DOJ-GIllett-email

DOJ defended this email as friendly banter between peers.


The Trial Judge was the Honorable Francis Allegra. DOJ rode their trial horses, Higman and Gillette into his courtroom.

Judge Allegra wasn’t buying what DOJ was selling. On September 16, 2014, he published his trial court opinion and findings.  I won. Justice was served.

Final Redacted Opinion


Judge Allegra reiterated the theme that he first announced at closing argument, that “professional jealousy” or “simply spite by certain ATF actors” motivated the governments insistence on defeating me. He also wrote that Gillette and Higman testified in a manner insulting to the law enforcement profession and embarrassing to the DOJ attorneys backing them up.

“A few words are in order regarding the credibility determinations that underlie some of the foregoing findings. In particular, the court finds significant portions of the testimony of two witnesses – Agent Charles Higman and ASAC George Gillett – unworthy of belief.”

“…Agent Higman targeted Agent Dobyns as a suspect in the arson of his home, even after highly-respected agents within the Phoenix Field Office had concluded otherwise…”

Judge Allegra characterized Higman’s trial testimony, “Agent Higman wove a remarkable tapestry of fiction concerning his response to the fire and the investigation that followed”, “Based on the roll and surge of this contrary evidence, and for other reasons (including his general demeanor and nonresponsiveness to questions), the court concluded that Agent Higman’s testimony lacked credibility.”

Judge Allegra found that Gillette was no better, “ASAC Gillett’s testimony likewise posed serious credibility issues”, “…it should not be overlooked that ASAC Gillett’s testimony was repeatedly contradicted by other witnesses and his prior depositions”, “Various emails in the record plainly demonstrate that ASAC Gillett failed to tell the truth…”

DOJ has never lifted a finger to investigate or prosecute the perjury their witnesses offered in the courtroom. Probably because their strategy had so utterly failed they wanted no more attention to it.

In a grotesque juxtaposition, during trial as DOJ embraced the Three Amigos they attempted to discredit Trainor thus reasoning that the credibility of Trainor’s investigation might crumble with him. If the impact of Trainor’s investigation could be diminished, its influence in the eyes of Judge Allegra would be damaged.

But the flaw in their strategy was that unlike DOJ’s lynchpin witnesses, Trainor’s professional history was impeccable. DOJ was willing to sacrifice Trainor’s good name and reputation to defeat me. It was disgusting to watch DOJ try to destroy a good man. This was a classic DOJ “kill the messenger” move that avoided any concern for facts and evidence.

DOJ’s trial attacks on Trainor started severely but went through the roof after he testified that the timing ATF’s decision to void the allegations of misconduct he proved against Newell and Gillette were “suspicious” (Note: Trainor’s testimony went further and was more descriptive and detailed, but remains under seal).

DOJ didn’t fool Judge Allegra, ““At the outset, it is conspicuous that the Justice Department attorneys in this case strenuously attempted to impeach Agent Trainor’s testimony – an odd tactical decision to say the least”,  “…the court attaches considerable weight to the testimony of Agent Trainor, who authored the 2012 and 2013 IAD reports.”

Judge Allegra characterized DOJ’s attempts to impeach Trainor at trial as, “More importantly though, there is every indication that Agent Trainor’s reports were thorough, well-documented and accurately reflected the substance of the more than 4,000 pages of documents, electronic messages, depositions and notes of interview that he reviewed and summarized in his two reports. Those reports, indeed, corroborate hundreds of critical facts that are otherwise reflected by the testimony and documents in the record. In general, the court was impressed with Agent Trainor’s testimony – his capabilities, knowledge of the subject matter of the investigations, general integrity and willingness to respond to the court’s questions.”

Below you will learn that DOJ went all-in to fracture Trainor’s credibility again, the next episode would come years later.


Newell and Gillette were facing termination for their treatment of me when ATF’s now Director Thomas Brandon allowed Newell to remain employed with a demotion and Gillett, to retire in lieu of termination. On the stand Trainor “let slip” this dirty little secret that DOJ wanted no one to know.  Higman had bailed on his ATF career when the allegations against him began to surface so he was not subjected to termination or discipline, having already resigned.

ATF’s Director Thomas Brandon negotiated all settlements with ATF managers investigated in my case. All were given free rides including those who pulled my backstopping just before the arson. He internally cleared them of any wrongdoing mid-trial just when it looked like their ship was sinking. None were held internally or externally accountable.


During our trial transition from Tucson to Washington, Higman, who had completed his testimony adversarial to me for the government, left a threatening voicemail on the telephone of Trainor who was scheduled to continue his testimony. Higman voiced his dissatisfaction with Trainor’s investigation. He knew Trainor had caught him dirty and with his pants down.

The same day the voicemail threats were received, Trainor discovered that his government vehicle had been vandalized with a construction cone forced into the tailpipe while parked at his residence.

Trainor reported the Higman threats to ATF investigators and mid-level managers. ATF field investigators who listened to the voicemail believed it was a threat, a serious one. ATF opened an investigation into Higman. The investigation progressed until, on the eve of interviewing Higman, ATF Headquarters Executives quickly closed it. If the governments “star” witness against me had tampered with my witness their defense of my case would be trainwrecked. ATF and DOJ did not want to prove what they knew to be true. Best way to stop that was to not interview Higman. They wouldn’t have to know the truth.

Trainor reported the threats to ATF attorney Rachael Bouman and to DOJ lead trail attorney David Harrington and his co-counsel assistant Corinne Niosi. Now knowing that ATF had no intention to conduct a complete investigation and hiding behind the white-wash dismissal of the Higman threats, Trainor documented that during a telephone call Harrington twice threatened him: should Trainor attempt to make Trial Judge Allegra aware of the threats his Justice Department career would be negatively impacted.

Facing threats to his safety and his career, Trainor continued his trial testimony in Washington. He testified accurately displaying the courage and integrity all of us expect and demand from a law enforcement officer. He did not report the threats against him at that time to Judge Allegra or anyone, including me, other than his private counsel and the trial attorneys.

Ignoring the noose around his own neck at closing argument Harrington arrogantly advised Judge Allegra that that blame for ATF’s failed arson response, “can be laid at the feet of Jay Dobyns and how he approached things”. Judge Allegra and I were still in the blind regarding the trial threats Trainor had faced.

Millions of taxpayer dollars had been spent to defeat me. DOJ’s attorneys cheated along the way. In spite of that they were unsuccessful.


But, not so fast.

Eric Holder’s DOJ appealed the ruling with the support and encouragement of ATF’s then Director B. Todd Jones. There was no way DOJ or ATF was going to stand for a lowly agent and his disability and construction law specialist attorney Jim Reed beating them, regardless of what verdict the trial produced. They had plenty of your tax money left in their banks to continue to fund their fight against me. They were betting that I would “tap-out” both figuratively and literally.

America, you paid for this! The joke is on you (and me).Optimized-Holder-Jones-gun-control-624x780

Ex-ATF Director Jones and Attorney General Holder


After DOJ’s appeal was entered Trainor contacted Judge Allegra and advised of the threat situations he had faced during trial from both Higman and Harrington, now fourteen months past.

By then the case was held in the control of the Appellate Court. Upon learning of the new allegations Judge Allegra asked that Court return to him his trial verdict for reconsideration but, his review would only take place after an inquiry into the threats against Trainor and other allegations of trial misconduct by DOJ could be properly investigated. Judge Allegra ordered an investigation and intended to use the inquiries findings to determine if a new verdict should be issued.

DOJ tried to appeal their way out of the soon-to-follow scrutiny. They lost and the process continued.


United States Court of Federal Claims Chief Judge, the Honorable Patricia Campbell-Smith, assigned retired Unites States Magistrate, the Honorable Judge John Facciola, to direct the inquiry on the courts behalf as a Special Master.

Judge Allegra’s December 1, 2014 opinion establishing these proceedings being very specific in his order regarding what he wanted the Special Master to accomplish on his behalf.

While my interests were unquestionably injured by the misconduct that we alleged, the Court also held an interest in whether government lawyers lied to or deceived the presiding judge. In the process of protecting my rights, Jim Reed and I became the de facto ‘special prosecutors’ on behalf of the court’s interest, attempting to obtain the documents and evidence needed to prove our claims – and Judge Allegra’s stated concerns – that DOJ committed fraud and misconduct.

Still more of your tax money was committed by DOJ to defend, protect and further cover-up their bad conduct. American’s fund DOJ’s behavior. In spite of our services designed primarily to defend the integrity of Judge Allegra’s courtroom, Jim’s firm, Baird, Williams and Greer and I self-funded our efforts. The imbalance of resources was extreme but we were not shaken or discouraged.


My attorney, James B. “Jim” Reed

Over six months passed. Thousands of man-hours were dedicated to both sides of the argument. Hundreds of pages of arguments, briefs, memorandums, opinions, orders and rulings were created; some of which are on the verge of being unsealed.

One of most hard fought contentions during the case was Jim’s work to overcome DOJ’s attempts to protect critical documents we needed to discover the truth.

On June 19, 2015 Special Master Facciola ruled in my favor under his Opinion on the Deliberative Process Privilege and ordered that those dangerous documents be released to me, under seal. We were on the path to success. We were being given the ammunition needed to prove the allegations against DOJ’s attorneys and ultimately to provide Judge Allegra the information he would want to see to determine if DOJ’s attorney misconduct affected the final outcome of the trial.


On June 23, two judicial days later, Judge Campbell-Smith “terminated” Judge Allegra from my case and reassigned it to herself as the new trial court judge. The Arizona Republic contacted the Chief Clerk of the Court of Federal Claims to determine why Judge Allegra left the case – and the court’s service. The Clerk indicated that Judge Allegra had a health disability, but offered “no comment” when asked if Judge Allegra left his position voluntarily.Smith Allegra

The Honorable Judge Patricia Campbell-Smith             The Honorable Judge Francis Allegra

Three weeks later Judge Campbell-Smith contacted U.S. Senate Majority Leader Mitch McConnell, asking him to provide her new and additional judges sending White House nominees for the federal bench to the Senate Floor. She stated that the Court of Federal Claims had an urgent need for fill vacancies; in this context, it is regrettable that apparently Judge Allegra’s health circumstances, after seven years of handling my lawsuit and while he battled his health issues, did not allow him finish out this lawsuit in the manner in which he envisioned during these proceedings.

Fed. Claims Chief Judge Urges Congress To Fill Vacancies

Law360, Washington, July 13, 2015

The chief judge of the U.S. Court of Federal Claims urged Senate leaders on Friday to approve President Barack Obama’s nominees to the court, saying long-standing judicial vacancies have strained it.

In a four-paragraph letter, Chief Judge Patricia E. Campbell-Smith asked U.S. Senate Majority Leader Mitch McConnell, R-Ky., Minority Leader Harry Reid, D-Nev., and the chairman and ranking member of the Judiciary Committee “to fill at your earliest opportunity” five vacancies on the court, which has not been fully staffed with 16 judges since February 2013. The lack of judges has not slowed the complex casework arriving before the court, Judge Campbell-Smith added.

“Despite the court’s shortage of judicial officers, our caseload continues unabated,” she wrote. “The statutory requirements dictating deadlines for certain types of cases unique to our court, including government contract disputes — some of which involve national defense and national security — remain in effect.”

The cases in the Court of Federal Claims are often for high stakes, with three current suits considering damages of at least $40 billion, Judge Campbell-Smith wrote. The dollar amounts reflect the complexity of the underlying cases, which deal with government contract disputes, tax issues, environmental regulations and Native American claims, among others, she said.



To support their shut-down of the ATF investigation into Higman’s threats against Trainor, ATF and DOJ trial attorneys actually crafted a declaration to the Special Master on behalf of ATF’s Assistant Director Michael Gleysteen in which they tried to explain why ATF chose not to fully investigate the Higman threats.

The trial attorneys are now known to have passed back and forth Gleysteen’s statement to the Special Master self-composing the document and adding “redline” edits to it with each exchange. The telling statement comes when one of the DOJ attorney writes, “I think this suits our needs.”

What DOJ and ATF had done (again) was to make Trainor the bad guy. They characterized him as delusional and over-reactive.  When you feel that your children are threatened, short of taking an AK to the streets, is it even possible to over react?  Does DOJ’s ‘take’ on this type of situation sound familiar?

Over a year after the threats against him had been made and passed Trainor stated that the threat was then likely a non-issue.  DOJ jumped on that position to claim there never was a threat.

DOJ argued, how could a fraud have occurred if no “real” threat ever happened?  Chris Trainor is once again victimized to beat me.  A manipulation of the facts is nothing to worry about at DOJ.


The newly unsealed documents will demonstrate that Special Master Facciola first ordered depositions of several DOJ attorneys and ATF Agents, and then later withdrew his order, preventing us from asking any of them questions at deposition. Higman’s and the DOJ attorneys now held the knowledge that their alleged threats to Trainor would never be questioned live and under oath in this process by Jim Reed.  Their questions and answers were all generated “in house” by their friendly and sympathetic protectors.

In denying depositions to me, in large part, the Special Master simply did not honor what Judge Allegra had intended.

The accused attorneys have retained private counsel specializing in criminal matters. They didn’t do that because they felt safe or because DOJ was intending to defend them as having acted within the ‘scope’ of their duties.


In a Rule 60(c) proceeding (which we just completed), a judgment can be altered or amended if there has been a fraud upon the court, a misrepresentation or other misconduct.

The Special Master took a very narrow interpretation of that rule.

He determined that, because agent Trainor testified truthfully at trial – despite the threats and intimidation he faced from the Higman voicemail, the vandalism to his government vehicle that coincided, and, the threats he received to his career by DOJ – Judge Allegra’s verdict was not impaired and no ”qualifying” fraud occurred.

My interpretation of that decision is that in Special Master Facciola eyes, DOJ can threaten and intimidate witnesses so long as that conduct does not negatively impact their testimony. If the threatened witness does not cave in, then for Special Master Facciola – no fraud, no harm, no foul. I do not agree.

He also chose to ignore an important element of the rule – misconduct.  For his own reasons he simply was never interested in exploring DOJ misconduct. Maybe because it was so dicey and had too many of DOJ’s big names involved.  I do not know.  More on that is below.

Judge Allegra is no longer available to rule on or accept/decline whether the Special Master’s standard for fraud, quite different from his own, was acceptable. That is now up to Judge Campbell-Smith in the weeks to come.


In a final debate DOJ argued that key documents unveiled during the Special Master investigation containing what they claimed to be “sensitive” information including the names of the accused attorneys should not be released to the public. We argued that American citizens deserved to know how their government’s Justice Department operates, how they chose to spend your tax dollars and on what.

My contention was that the very attorneys who zealously tried, and failed, to support ATF’s self-imploded claim that I was an arsonist and potential murderer – doing so unethically knowing the facts and evidence they held in their hands proved that I was not – and who had further tried their best to wreck Chris Trainor’s reputation with no regard were now concerned that their cherished reputations as DOJ attorneys and representatives of justice might be soiled if their names were made public.

Judge Facciola granted those redactions but unsealed nearly everything else.

President Obama himself supported my argument. In the first executive order he signed after assuming office he stated,

January 21, 2009, “Memorandum for the Heads of Executive Departments and Agencies”

“A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” […] In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve.”




Eric Holder’s DOJ strenuously fought my case-in-chief at trial. When they lost, Eric Holder’s DOJ filed an appeal to continue the fight. Despite assuring Senate Judiciary Committee Chair Charles Grassley that she would hold every attorney accountable who engaged in misconduct during my lawsuit and “look into it”, Loretta Lynch’s DOJ fought the Special Master inquiry and the publication of the related documents.

Nothing has changed with respect to my lawsuit following the confirmation of Loretta Lynch as Attorney General – nothing. Her assurances of accountability for attorney misconduct in this case appear to have been nothing more than feeding Senator Grassley answers she believed he wanted to hear of good faith intent, offered only for the purpose of securing her Senate confirmation.

The disgrace of this lawsuit for the Justice Department and American taxpayers continues, under new – but not – different leadership. The Justice Department is a rudderless ship, and this lawsuit continues the drumbeat emerging from federal lawsuits around the country, exposing DOJ as the most unethical, corrupt and menacing law firm in the United States. DOJ is not an advocate for the American citizenry – it is a threat to them.

I often get questioned by friends on my wisdom, or lack thereof, for openly challenging the President, the AG, DOJ and Congress. “They will destroy you if you are not more careful.” My answer is simple, “I don’t give a f**k. I am already destroyed and the truth is on my side. Besides, what are they going to do? Frame me as a murderer and put me in prison.” Been there, done that with these clowns. If I see a red laser dot on my chest, they better shoot first.

I like to refer to Ms. Lynch as, Holder-Lite. This is how she is spending your money.

President Obama Announces Loretta Lynch As His Nominee For Attorney General

Outgoing AG Holder                                 Incoming AG Lynch                                 President Obama

So what? Why is this important?

It is important because of the backstory Jim and I uncovered during our investigation.


The ultimate supervisor for the trial attorneys and the final decision-maker regarding whether to withhold threat information from Judge Allegra was DOJ Civil Division Section Chief and attorney Jeanne Davidson. Davidson has been at DOJ for twenty-three years and is one of the most powerful attorneys at the Justice Department, in America. Davidson is presently awaiting a Senate vote to confirm her as a Federal Judge.

Main Justice

Politics, Policy and the Law

February 6, 2015

International Trade Court Nominee Advances

Justice Department veteran Jeanne Davidson nomination to be a judge on the U.S. Court of International Trade advanced Thursday when the Senate Judiciary Committee approved her by voice vote.

But Judiciary Committee Chairman Charles Grassley (R-Iowa) said he will ask Davidson to answer additional questions regarding her involvement in a controversial court case.

“I would note that unsealed court documents in the case of Dobyns vs. U.S. have prompted some questions that need to be answered,” said Grassley during the committee business meeting. “So I want to follow up with her regarding the extent of her involvement in those cases.”


Senator Grassley is on to something.











Judge Campbell-Smith presents an award to DOJ Attorney Jeanne Davidson at 2014 U.S. Court of Federal Claims conference

What is Senator Grassley curious about?

Davidson’s involvement in DOJ’s defense of my lawsuit was front, center and early on. She wrote to my attorney Jim Reed in February, 2013 that her subordinate (DOJ’s lead trial attorney David Harrington) “kept her apprised… of all matters…”

If Davidson’s statement is accurate, and I will give her the benefit of the doubt that it is, then she knew, long before trial, what Harrington knew – ATF’s Internal Affairs Division investigation conducted by Trainor – a 4,000 page report (including exhibits) had concluded – again, seven months before trial – and proved that that all of my claims of retribution and endangerment were true. She approved DOJ’s strategies and let the case go to trial.

In one of the to-be-unsealed emails, Davidson is named by another of her subordinate attorneys, a  supervisor above Harrington in the DOJ Anti-Dobyns trial team, crediting Davidson with the final and official decision not to advise Trial Judge Allegra that Higman had left a threatening voicemail on the telephone of Chris Trainor – mid trial!

Apparently when Jeanne Davidson gave the thumbs up to withhold evidence of Higman’s threatening voicemail from Judge Allegra, the DOJ trial attorneys felt “blessed” and free to obstruct justice skipping over their ethical requirement to report the threats to Judge Allegra.

Because the allegations of withholding threat information do not fit within the Special Master’s limited definition of fraud (one that Judge Allegra rejected when he established the inquiry), and because the Special Master did not consider the other portions of Rule 60 – misrepresentation and misconduct – Jeanne Davidson’s role in obstruction will not likely be subject to further investigation.

If anyone believes that DOJ’s Internal Investigators are going to properly investigate this matter then please turn around your spaceship and return to earth with me. Meanwhile, Davidson’s nomination for a federal judgeship awaits a Senate vote.


At trial, the issue arose of an attempt by ATF Office of Chief Counsel attorney Valerie Bacon (who abruptly left during this lawsuit and found other employment at the Postal Authority) attempting to block ATF Phoenix’s new management team (replacing Newell and Gillette) from properly re-opening the criminal investigation into the arson of my home and conduct a legit search for the real arsonist(s). This is what ATF should have done in the first place.

Bacon telephoned and advised the two top ATF Phoenix supervisors that they should leave ATF’s arson investigation closed, because re-opening this criminal matter would damage DOJ’s defense of my allegations in civil court. This was a bad no-no.

How could DOJ defend their position that I was a suspect if the real suspect(s) were found out?

Two highly credible and highly respected ATF SAC’s – Phoenix SAC Thomas Atteberry who testified at trial, and now-ATF Miami SAC Carlos Canino, then-ASAC for Phoenix (in a sworn declaration to the Court), verified that Bacon proactively attempted to prevent their investigation and pressured them to stand down from their search for the real arsonist(s).

Judge Allegra briefly documented Bacon’s attempts to scuttle Atteberry and Canino’s righteous efforts in his Trial Opinion repeating Atteberry’s trial testimony:

“Testimony at trial indicated that Valerie Bacon, an attorney in ATF’s Office of General Counsel, attempted to convince SAC Atteberry not to reopen the arson investigation. In this regard, SAC Atteberry testified:
Q. . . . Did you get any kind of discouragement in any respect from anyone at ATF with respect to reopening this arson investigation?
A. Yes.
Q. Please explain.
A. When I was seeking guidance to reopen the investigation, I had a phone conversation with somebody from Counsel’s office in ATF headquarters.
THE COURT: Can you be more specific, Agent? Do you know who it was?
A. I believe it was Valerie Bacon.
THE COURT: All right. Proceed.
A. I had a phone conversation, and I also believe I talked to her in person one time when she was in Phoenix, and I believe during the telephone conversation she made a comment to me that if you, meaning myself, reopen the investigation that would damage our civil case.

Jim Reed had made DOJ aware of Bacon’s obstruction months before trial. My attorney put DOJ on pre-trial notice, emailing to – yep, you guessed it – Harrington twice, and including Davidson, supervising attorney Donald Kinner and now the third highest ranking DOJ attorney Stuart Delery. He could not have possibly made Bacon’s obstruction more clear.

Pre-trial Harrington emailed Davidson discussing with her Bacon’s tampering. They both knew. Neither did anything about it.


Harrington sat in Judge Allegra’s chambers on June 17, 2013, in the middle of trial and said that he had no prior knowledge of the Bacon allegations prior to Atteberry’s trial testimony.

Hmmmmm? Problematic given the evidence in his soon to be released emails.

The matters regarding Valerie Bacon were of grave concern to Judge Allegra who expressly set forth in his instructions to the Special Master that he wanted this situation to be investigated for fraud on the court.

But, Harrington wasn’t done with his attempt at deception.

Knowing that DOJ’s Internal Affairs (Office of Professional Review [OPR]) had his back and was going to do their corrupt best to bury the Bacon obstruction, Harrington re-affirmed to federal investigators that he believed that his statements to Judge Allegra were true at the time he made them. He responded to OPR, this time in writing, going all-in on his lie.

Harrington’s emails to Davidson prove that he was familiar with the allegations about Bacon before trial. As a result of that knowledge, Harrington’s statements that he did not know were false statements made knowingly and intentionally to federal officials, i.e., to a federal judge and to federal investigative agents. He repeated his lie multiple times.

Again, DOJ did nothing. The rules that apply to ‘us’ do not apply to ‘them’.

The Justice Department – apparently because of their stature in the legal system – believes itself to be above the law and unaccountable for criminal actions. They seem to routinely “circle the wagons” internally to protect themselves, and not just in the case, but in dozens of others presently in the public eye.

As a federal agent, let me be clear about this – when you make intentional false statements to federal agents, you violate 18 USC 1001 – False Statements and Concealment. The Justice Department would like me to pretend that I don’t understand this. However, I was a criminal investigator for twenty-seven years before this case drove me from the job I loved. I encountered violations of that statute multiple times during my career while conducting investigations.

DOJ is very familiar with “1001” as well: it is the very statute DOJ is currently using to prosecute former Speaker of the U.S. House of Representatives Dennis Hastert.


Shortly after his appointment Special Master Facciola issued an order that he would not be investigating the Bacon witness tampering episode. The Special Master did not dig deep on the Trainor threats either.

The involved DOJ attorneys reported to, of course, DOJ, that they didn’t threaten Trainor. Without hearing the other side of the story, the Special Master sided with the attorneys and in essence, by doing so said that he did not believe Trainor.

This is not what Judge Allegra ordered.

With the Special Master giving the DOJ lies surrounding the Bacon situation a free pass, will AG Lynch (aka Holder-Lite) given the evidence now publicly available ensure that her own attorneys are held accountable (Harrington) to the same violations of criminal law that she does others (Hastert), as she promised Senate Judiciary Committee Chair Charles Grassley? So far, no. She hasn’t.  Laws and rules and ethics are for the other guys, not for DOJ. In their eyes they are exempt.


Special Master Facciola’s report is final, but the process is not over. In my view, it has barely begun. A hard kick in the teeth has never stopped me yet.

Jim and I have invested our heart and resources on my behalf and on behalf of the preservation of the integrity of the courts. We view the conduct of the Justice Department as being unfaithful to America and the Constitution.

I am not a crusader or anyone’s Knight in Shining Armor. I just want truth, justice and accountability. For that I have been labeled an enemy of the state. I am in too deep to turn back now. Move forward to die tryin’.

The allegations referred for investigation (like Bacon) were largely ignored by the Special Master and the methods ordered to be used by Judge Allegra were rejected.

Special Master Facciola has made clear that he stands by his final report. I will respect that and I commend him for unsealing the documents involved and exposing his reasoning for support or, critical review. Although I disagree with his conclusions I do believe he is a man of character and transparency.

I will continue to trust the legal system and the courts. If I only backed their decisions in my favor and refused to honor those made against me I would be a hypocrite, I would be DOJ.

In this proceeding I believe that the Special Master did not follow the specific instructions he was delivered by Judge Allegra:

  • ignored the Bacon situation, including our allegations that lead trial counsel David Harrington lied about his knowledge of those events;
  • allowed DOJ to permit the accused attorneys to self-produce critical documents, with no meaningful oversight;
  • denied by ability to question those attorneys under oath and then accepted their self-preservation statements at face value, specifically on the topic of Bacon and Harrington’s threats to Trainor;
  • refused to permit me to obtain direct testimony of Christopher Trainor, and in the absence of that deposition, refused to accept the threat reports of Trainor authored;

And before reaching his conclusion on DOJ’s threats to Trainor,

  • refused to allow the deposition of retired ATF agent Daniel Machonis who was a witness to the threats against Trainor’s career. Machonis would have testified that he was present on the call as a witness when Harrington threatened Trainor’s career; a direct contradiction to DOJ’s one-sided recollection. The Special Master never gave me the chance to make that a part of the record.

Finally, I am most disturbed that the Special Master himself, in his June 19, 2015 Opinion wrote that plaintiff’s allegations, if proven, might represent the commission of a crime – Obstruction of Justice – but then immediately cut off the proceedings to rule in favor of DOJ that no fraud or misconduct occurred denying me the ability to prove it to him. I can’t wrap my brain around that one.


As I stated previous, I lost this battle.  But, am winning the war.

Battle 1: The case-in-chief at trial. DOJ – 0. Dobyns – 1.

Battle 2: DOJ’s attempt to prevent the Special Master’s investigation. DOJ – 0. Dobyns – 1.

Battle 3: The Special Master’s Fraud and Misconduct Inquiry. DOJ – 1. Dobyns – 0.

Battle 4: DOJ’s pending appeal of their loss in Battle 1: To Be Determined.

The War (my effort to expose the corruption that infects DOJ and ATF): The scorecard on this will be held by the American people whose hard earned money is collected every April 15 to pay for DOJ’s shams. Win or lose, I will not give up.

The appeal process will continue. Likely for several more years. Millions more of your dollars will be spent by DOJ in the process.

DOJ’s trial appeal is not about their loss during the case-in-chief. It is not about the $173K judgement against them. It is a personal and vindictive persecution of me. This is about a message that DOJ intends to send to all of us, whistleblower protection laws be damned – ‘You take us on, you point out our flaws, you dare make public allegations of corruption? Even when true, we will ruin and punish you to such an extent that anyone down the road who even thinks of doing the same, won’t.”

Congress is watching. To date, they appear to be OK with DOJ’s position. The Whistleblower Laws?  They are a joke. Our country is run by attorneys and even when adversarial they like each other more than they like us.

So back to my opening…

♦ ♥ ♣ ♠

DOJ has treated this situation and my life like a card game.  They think we are playing poker.

It’s not and I’m not. I am a wounded lion.


images (2)

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.


Link to the Judge’s order:  01511862505



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.


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 –



– The arson damage to my home, August 10, 2008 –
Arson 1

Arson 3

Arson 2

Arson 4

– Attorney James B. 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

arson 2


ATF and DOJ’s defense of my lawsuit allegations for the last six years has been that ATF does not investigate house fires or events at non-commercial buildings. Their attorneys argued that I was out-of-line in believing they should.

Then I read this article this morning. This is what they are supposed to do. This was the right thing to do.

ATF also investigating mysterious cause of KC house explosion
KANSAS CITY, Mo. — Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were at a severely damaged home in the 9100 block of Tennessee Ave., Friday morning trying to determine what caused an explosion there Wednesday evening.

In the eyes of Holder’s DOJ and ATF, the below pictured event didn’t count, albeit I had twenty-one years as an agent under my belt when it happened.

arson 4

arson 3

34a. arson 1

arson 5

These are the internal conclusions reached after ATF investigated their own failure to investigate:

1) Inadequate Response Time to the Fire Scene by the [ATF] Phoenix FD [Field Division]
The IAD investigation revealed that the leadership of the Phoenix Field Division (FD), including then Special Agent in Charge (SAC) William Newell, then Assistant Special Agent in Charge (ASAC) George Gillett, and retired Resident Agent in Charge (RAC) Charles Higman, delayed the ATF response to the fire at the residence of Special Agent (SA) Jay Dobyns.

2) Inadequate Staffing of the Response to the Fire Scene
The IAD investigation revealed that the Phoenix FD management team, including then SAC Newell, then ASAC George Gillett, and retired RAC Charles Higman failed to properly staff the investigation of the fire scene.

3) Unauthorized Use of Electronic Surveillance (ES) to Record SA Dobyns’ Telephone Calls
The IAD investigation revealed that two recordings of SA Dobyns’ phone calls were made without his knowledge or consent, and that proper authorization for the use of said electronic surveillance was not obtained.

4) Failure to Properly Document the Use of Electronic Surveillance as Required by ATF Orders
The IAD investigation revealed that the use of electronic surveillance was not documented as required by ATF orders. The electronic surveillance evidence was not stored in the Field Office vault in accordance with ATF orders.

5) Failure to Report Investigative Activity in N-Force as Required by ATF Orders
The IAD investigation revealed that ASAC Gillett and RAC Higman instituted a system to report investigative activity in UI 785085-08-0075 (regarding the fire) that violated ATF policy.

6) Improper Designation of the N-Force Case File Regarding the Fire as 6(e) – Grand Jury Protected
The IAD investigation revealed that UI 785085-08-0075 was improperly given the 6(e) designation within N-Force.

7) Withholding Critical Information Regarding the Investigation from the Chain of Command, Including the SAC, Deputy Assistant Directors, Assistant Director’s, etc.
The IAD investigation revealed that ASAC Gillett and RAC Higman agreed to prevent a full and accurate briefing of information and investigative activities to their superiors, including SAC Newell and ATF HQ DADs, Ads, the Deputy Director, and the Director.

8) Continuing to Investigate SA Dobyns as a Suspect in the Fire After he had been Eliminated as a Suspect by Senior SA’s from the Phoenix FD.
The IAD investigation revealed that the Phoenix FD continued to investigate SA Dobyns as a suspect in the fire despite the fact that two senior SAs from the Phoenix FD had ruled SA Dobyns and his family out as a suspect in the fire.

9) SA Dobyns Briefed as a Suspect in the Fire to the FBI
The IAD investigation revealed that RAC Higman provided a briefing to the FBI (when the FBI took over the investigation from ATF) that included false information and portrayed SA Dobyns as ATF’s lead suspect in the fire, after SA Dobyns had been eliminated as a suspect by senior SA’s from the Phoenix FD.

10) Pressure Applied to Certified Fire Investigator
The IAD investigation revealed that ASAC Gillett made an improper statement to a Certified Fire Investigator from the Phoenix FD regarding conclusions reached about the fire.

11) ATF Failed to Offer a Reward for Information Regarding the Fire
The IAD investigation revealed that no reward for information was offered by ATF regarding the arson that occurred at SA Dobyns residence.

Yet DOJ’s lawyers and ATF’s current leadership executives still taunted me into the courtroom. This is what a few witnesses said about that at trial:

– ATF Special Agent in Charge Thomas Atteberry’s trial testimony –
Q: And as part of doing that review of the file, did you reach certain conclusions about the quality of ATF’s response to the fire event on August 10, 2008?
A: Yes, sir.
Q: And what were those conclusions?
A: They were unacceptable.
Q: Can you please —
A: They were unprofessional. I was embarrassed because that’s not the way we operate, and we should have cleared the bench when that fire happened.

– ATF Special Agent Tristan Moreland’s trial testimony –
Q: Mr. Moreland, do you feel you’re in a position to critique the totality of the quality of ATF’s response to the fire at Agent Dobyns home?
A: I do.
Q: And what is that critique?
A: In a macro sense, a few words, it was inadequate between that and horrendous. If you’d like me to expand, I could critique it element by element. But in general, it was an extremely poor response.
Q: In terms of other ATF responses to residential arsons, how would you rate the quality of ATF’s response to this one?
A: It’s probably the worse response we’ve ever given to any fire I’ve ever been part of.

– ATF Resident Agent in Charge Charles Higman’s trial testimony –
Q: So once again, from your perspective, ATF’s involvement in the investigation of the arson was a mess.
A: It was worse than a mess. It was not thought out well. They only saw what was here. The didn’t look down the road at what was going to occur later. They didn’t understand the ramifications of what they were doing at the time.
Q: Do you stand by that testimony?
A: Of my testimony today or my testimony during the deposition?
Q: Do you stand by that testimony in your deposition?
A: Yes.

And they argue that I am out of line? Hmmmmmmm?

images (2)

In Response to Libel

This was my response to libelous comments made about me by a government attorney who is defending my allegations in Dobyns V. USA. They were published in Banner Magazine. The attorney who made the comments is Rachael Bouman, who has served as ATF lead attorney during my litigation.

(First posted on the website www.cleanupatf.org)

Before I start, I’ve said before and I’ll say again, I take no pride in being a flawed Christian. I believe in God and Jesus and fall short of who I should be in their eyes every day but…

You can run Rachael Bouman, but you can’t hide. The only way this author would written the things she did about you is if she was fed them by you. I am going to set the record straight.


Three CRC Women Bring Their Faith to Washington D.C.’s Political World

“…Then, in 2008, Bouman, by this time a mother and active member of Silver Spring Christian Reformed Church, was given another assignment—this one dealing with a retired ATF agent who had infiltrated the gang Hells Angels. The plaintiff was deceptive and used intimidation to try to persuade Bouman in the case. These cases were the biggest in ATF’s history, and Bouman managed them with little support. It took a toll on her. “I tried to make sense of where God was in it all and why I was there,” she said.”

Let me address your comments and I do so under the eyes of God himself:

“…Bouman, by this time a mother and active member of Silver Spring Christian Reformed Church…” My wife is a mother and a dedicated Christian. You supported the ATF assault on me when my home was attacked by arsonists and burned to the ground in an arson in an attempt to murder my wife and kids. You sat through her deposition in silence while she was grilled by your DOJ lawyer-partner regarding what might be my motivation to kill my family by fire; our alleged failed relationship; how often we had sex before and after the arson; etc. When her deposition was done you left her weeping in the interview room and could be heard giggling in the hallway outside as you checked your Blackberry messages. Your Christian principles were no where in sight that day.

“The Plaintiff was deceptive…” I am that Plaintiff you mention. Where was my deception Rachael? My case was so overwhelming in facts and evidence that you, as the lead attorney, told Steve Martin and others ATF executives that I had been treated bitterly wrong and corruptly and that ATF needed to settle the case! You went along to get along and participated in the defense of government corruption with all your energy knowing that it was wrong.

Why did you not discuss with the author your withholding the most critical evidence in my case from me? That is an interesting story. You sat through deposition after deposition letting ATF witnesses testify under oath that there was no attempt to frame me as the arsonist and attempted murderer while YOU(!) concealed the very evidence of the illegal audio recordings made of me by them. I only got them by accident, not through your ethics or morals that is for damn sure.

How about doing everything within your power to make sure I never saw the conclusions of ATF’s internal investigation of the events – the single most damaging document to ATF’s defense and the single most powerful document to support my case. If you would have succeed in denying me the tapes and report – you would have guaranteed an ATF win using corrupt tactics that are likely criminal.

“…and used intimidation to try and persuade Bouman in the case.” I intimidated you and tried to persuade you?!? OMG! You sat there knowing all the facts and evidence, having all the reports that proved what I claimed was true, and allowed ATF and DOJ to attempt to force my resignation and abandon my complaint. That is intimidation and you are a hypocrite.

Maybe you are thinking of the courtroom day when some of the most damaging testimony to your defense was presented and I looked directly into your eyes – You knew that I knew that you you had protected and covered up that information. You ran to your lawyer partner for cover but you knew exactly what that was. It was not intimidation. You were caught dirty and you were ashamed to even look at me.

“These cases were the biggest in ATF’s history…”. I am sorry but your self inflated importance got the best of you here. The other case you talk about is against Agent Vince Cefalu and they are no way, no how the biggest in ATF history. The most embarrassing – maybe. The most corruptly defended – likely. Some of the most unethical conduct ever seen in a federal law enforcement agency and defended by you – I believe yes.

“…and Bouman managed them with little support.” You had at least 10 attorneys and staff working with you, following your lead, using strategies and tactics that constitute judicial misconduct.

“It took a toll on her.” I bet it did. Harboring perjury. Concealing evidence. Lying to the court. Defending corruption that you knew to be illegal. All under your halo of a Christian government attorney. What about the victims of your corrupt practices like me, my wife and kids, the countless other agents and employees whose careers and reputations you destroyed in the name of your true God, ATF;s managing executives. We are the ones who have suffered and paid the price for your unwillingness to be honest.

“I tried to make sense of where God was in it all and why I was there,” she said.” That is what me and you have in common. I’ve asked myself and God the same question.

Last question the author should have asked you – Why after leading these most important cases for ATF in the prime of your career did you chose to leave ATF? Was it because you got found out and HAD to go? Maybe some other issues? Answer that one with some honesty please.

You took what was surely designed with the very best intent to inspire and shine light on the glory of God and turned it into a hypocritical embarrassment to the author the the publication. Shame on you – AGAIN! If one single thing I said here is false, then sue me. You already have once. You are an attorney. But be ready to defend your denials because I can 100% prove my claims before a judge or God. Explain to Him how protecting and harboring lies fits into your attempt to now portray yourself as a crusader for truth and justice.


ATF Hit Men

I have mixed personal emotions about this publicity. My thoughts and reasoning bounce from one side of my brain to the other. I’ll take the high road and start with the positive.


I am talking about last nights ABC 20/20 program on ATF’s undercover hit men (first aired Friday, March 14, 2014). Here is the link. Be sure to use the “NEXT VIDEO” tab below your video player to see the entire show sequence.


I respect, admire and praise the Agents who were featured in the program. I know two of them personally and can say that they are two of the finest agents that ATF has to offer. I am not sure if I know the others as they were in disguise but it is not risky for me to say that they too are remarkably clever and brave agents.

The ATF Agents who work murder-for-hire cases are heroes to me. They accept these undercover assignments when few others can or will and in doing so serve as guardian angels for the intended victims of murder. They save innocent lives.

Can you imagine a gangster-looking thug approaching you with no warning and telling you, “I have been hired to kill you but, today is your lucky day”? Long pause. “I am an ATF undercover agent pretending to be a hit man. If you will cooperate with me I will catch the person who wants you butchered and do my best to make sure they go to prison for it.”

The program did a beautiful job of capturing the extraordinary lengths that these agents go to and the subsequent battle damage that these operations create on their families. It is a demonstration of how far some ATF agents will go to protect the public from violence.

20/20 also captured how truly heroic our citizenry can be when confronted with evidence that extreme violence is just around the corner for them, and in some cases, their children. For the common man or woman to hear that, and then participate in the investigation is in my eyes, the epitome of courage.

Now for my 180 view. I could match the preceding title by calling this section THE BAD but it would be more accurate to title it…


No Angel NYTBSIn 2004 ATF’s Office of Public and Governmental Affairs publicly promoted the most finite details of similar operations I was involved in through television and two books. Five years after that, in 2009, I wrote my own book about those operations titled No Angel.

For nearly three years from when they first learned of it (May, 2007) ATF didn’t offer so much as a peep about my book. After a lawsuit I filed against ATF was accepted in court (2010 – and after multiple attempts by DOJ to have it dismissed) – within two-weeks – ATF and the Department of Justice counter-sued me for No Angel. The basis of their claim: I had allegedly released undercover tradecraft, damaged inter-agency relationships, compromised protected techniques, etc. Mind you, nothing exposed in No Angel in 2009 had not already been publicly revealed by ATF themselves to promote Bureau accomplishments in 2004.

At the exact same time ATF and DOJ were suing me for $500,000+ in alleged damages, ATF was also using No Angel within the walls of the ATF Headquarters building to brag on the “dangerous and life-threatening risks” ATF agents accept to protect the public. That situation is discussed in this video at the 4:20 timemark.


ATF’s Kool-Aid drinking, true-believing, blinders-wearing, defend-at-all-cost-regardless-of-the-truth executives will say these are two different situations. They call it “apples and oranges”. They will say that they did not expose tradecraft, but I did. Unremarkably for today’s ATF, they are wrong on both counts.

ATF is run by hypocrites. The Kings of Double Standards. Above the Law and Above the Ethics bosses who can justify anything they do in their own minds with the encouragement and empowerment of government attorneys who themselves have become the masters of liability manipulation and brainwashing upon the weak souls of ATF shotcallers. ATF’s “leadership” doesn’t run this agency. Lawyers do. Agency legal counsel hides behind attorney-client privilege and tells the Director on down what say, do, eat, drink, sleep and think. I challenge just one person to show me I am wrong.

The public can be the judge. Exposure of tradecraft? They beat me to punch, blamed me for their own exposures and then upped the anti to a level that stunned even someone as jaded as I am in the examination of public corruption.

Good luck and safe travels to all those out there no trying to perfect murder-for-hire investigations. Be careful. Your attorneys (the bosses) and your bosses (the puppets) have put you at risk.