Tag Archives: Eric Holder

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.

 

 

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Backstory

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.

http://www.azcentral.com/story/news/local/best-reads/2015/10/17/jay-dobyns-atf-hells-angels-attorney-jim-reed/74015938/

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.

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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.)

http://www.azcentral.com/story/news/arizona/investigations/2015/09/03/records-indicate-doj-execs-aware-misconduct-alleged-atf-case/71625076/

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.

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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.

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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.

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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.

 

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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.

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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.

IGNORED THREATS

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

 

 

SETTLEMENT

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.

RECALL OF BACKSTOPPING PROTECTION

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.

ARSON OF MY HOME

Then,

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.

INTERNAL INVESTIGATION

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

IAD 2IAD 3

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.

TRIAL

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.

TRIAL VERDICT

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

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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.

COVER-UP

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.

THREATS TO TRAINOR

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.

APPEAL

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

REPORTING OF THE THREATS AGAINST TRAINOR TO JUDGE ALLEGRA

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.

ASSIGNMENT OF THE SPECIAL MASTER

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.

Jim-Reed

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.

REMOVAL OF JUDGE ALLEGRA

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.

http://www.law360.com/articles/678432/fed-claims-chief-judge-urges-congress-to-fill-vacancies

ATF AND DOJ’S SELF-CREATED EVIDENCE

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.

NO DEPOSITIONS ?

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.

SPECIAL MASTER INQUIRY COMPLETED

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.

UNSEALING OF DOCUMENTS

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.”

https://www.whitehouse.gov/the_press_office/FreedomofInformationAct

 ♦

HOLDER ‘LITE’

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 DOCUMENTS DON’T LIE

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.”

http://www.mainjustice.com/2015/02/06/international-trade-court-nominee-advances/

Senator Grassley is on to something.

Jeanne-E-Davidson2

 

 

 

 

 

 

 

 

 

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.

THE BACON SITUATION

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.

SECTION 18, UNITED STATES CODE 1001

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.

DISREGARD FOR MISCONDUCT

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.

MY CONCERNS

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.

CONCLUSION

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.

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doj_holder-thumb-640xauto-3787

Should Jeanne Davidson Be A Federal Judge?

Can you say “Special Prosecutor”?

Yesterday Senator Charles Grassley initiated the vetting procedures for Ms. Jeanne Davidson, President Obama’s and DOJ’s nominee for a Federal Judgeship.

Ms. Davidson was the ringleader for the attorneys who were representing DOJ in defense of my allegations during Dobyns v. USA.  They lost.  Under the unwatchful eye of Ms. Davidson and in a Federal courtroom those attorneys lied, cheated, withheld evidence, misrepresented and mischaracterized facts, defended, promoted and protected perjury and obstruction of justice and tampered with witnesses – i.e. FRAUD! – also known as attorney misconduct and corruption of the justice system.

02-05-15 Grassley Statement

Senator Grassley’s statement on the meeting contained the following:

I believe both the Davidson and Botticelli nominations can be voice voted.
However, before we vote on the Davidson nomination, I wanted to note that recently unsealed
court documents in the case of Dobyns v. United States have prompted some questions that needto be answered. I want to follow up with her regarding the extent of her involvement in the case.
So we’ll report her out today, but I’ll be sending her some additional questions that will need tobe answered before her nomination is considered on the floor.

 

If Ms. Davidson did nothing wrong then she should be confirmed.  If she did have a hand in the fraud then she doesn’t deserve to be a Federal Judge.  Simple as that.  I know this, personally I would not trust her answers and would want to go beyond what she submits to test her credibility.  A person being awarded a Federal Judgeship must be held to a standard of full transparency, accountability and honesty.  I trust that Senator Grassley will get to the rock bottom truth.

My attorney contacted Ms. Davidson before trial began with allegations of fraudulent conduct by the DOJ attorneys Ms. Davidson was supervising.  Some of those allegations of Fraud have now been exposed by the Judge in my case and made public.  They are serious.  Never before have seven DOJ attorneys collectively been dismissed from an active litigation they were leading.  Then again, never before has a Cabinet member been held in Contempt of Congress.  Holder and crew continue to set new low-ball standards of ineptitude.

Five months before my trial even started Ms. Davidson fluffed off the allegations with a typical, condescending DOJ how-dare-you-challenge-us tone as “unfounded”, “without merit”, and that, “no inappropriate conduct has occurred”.  She takes personal ownership of the issues reaffirming that she was “appropriately apprised” of what was taking place.

She added security for her claims by vouching for her attorneys and their credibility and – wait for it – discussing their conduct with DOJ “officials”.  What officials?  Who else at DOJ, above her knew about those shenanigans?

Ms. Davidson was either A) asleep at the wheel, B) covering up the actions of her subordinates, C) protecting fraud, or D) all of the above.  She needs to explain the who, what, when, where, why and how she arrived at such a powerful, confident and denying response to real and true allegations of DOJ corruption.

Who knew?   When did they know?  What did they do about it?

Is Jeanne Davidson the type of person who should be a Federal Judge?  Do you want her administering the laws of the land?

13-0208 Jeanne Davidson – Re Dobyns (3)

Dear Mr. Reed,

This letter responds to your various email communications alleging improprieties by David Harrington, counsel of record for the United States in this matter.  I have reviewed your email messages, correspondence, pretrial materials and other documents including the recording of the early meeting of counsel and the report of investigation in the pending personnel action.  Additionally, I have met with Mr. Harrington, as well and Donald Kinner (the immediate supervisor on the case) and Corinne Niosi (trial attorney assisting with the case).  Because we take seriously any allegation of potential impropriety, however unfounded, I have considered your complaints and discussed them with officials within the Civil Division.

Mr. Harrington is a senior trial counsel who has handled numerous complex matters throughout his tenure at the Department.  He is particularly experienced in Court of Federal Claims rules and procedures.  Mr. Harrington has always kept his supervisors appropriately apprised about case developments and has earned the respect of his supervisors, peers and Judges for his professionalism, preparation and judgement.  Based on my review as described above, I believe that your complaints are without merit and that no inappropriate conduct has occurred.

Lineup

21 Questions

Congress doesn’t need to hold hearings on this. They simply need to draft a letter to Attorney General Eric Holder and ATF Director B. Todd Jones demanding truthful and complete answers. This is all it will take. If the AG and Holder will answer honestly, this will be soon be resolved for good.

Congress, you game?  Will you oversee what we have elected you to monitor?  The Department of Justice has already told the Court they are not willing to investigate the allegations made against them.  Will you help me?  I am only seeking the truth.

Here are twenty-one questions for Holder and Jones to get you started.

1. Who was briefing you on the status of Dobyns v. USA?
2. What were you told and are you satisfied that your briefings were accurate and complete?
3. When did you first see the two ATF Internal Affairs reports [‘Reports’] on ATF’s reaction, response and investigation of the Dobyns home arson and on ATF’s removal of Dobyns’s backstopped countermeasure identifications?
4. What did you do about the factual allegations of criminal conduct and policy violations contained in the Reports?
5. What was Deputy Director Thomas Brandon’s role in this matter and upon whose instructions was he following?
6. Who was disciplined based on the facts, evidence and recommendations contained in the Reports and to what extent?
7. Who ordered that the Reports be withheld from Dobyns and his attorney and why?
8. When did you first learn that DOJ attorney(s) advised Judge Allegra that the Reports were irrelevant to Dobyns v. USA?
9. What did you do about it?
10. When did you first learn of ATF Attorney Valerie Bacon’s attempt to scuttle the arson investigation and upon whose instructions was she following?
11. What did you do about it?
12. When did you first learn that ATF Internal Affairs investigator Christopher Trainor had been threatened/intimidated regarding his investigation/testimony/participation in Dobyns v. USA?
13. What did you do about it?
14. Why did ATF close their investigation into the threats on Trainor without completing it?
15. What did you do when Judge Allegra referred to you allegations of government fraud related to Dobyns v. USA?
16. Why has DOJ’s Internal Affairs refused to investigate the allegations of fraud against DOJ attorneys requested by a Federal Judge?
17. Have you prepared for prosecution any of the criminal conduct revealed in the Dobyns v. USA trial, namely Obstruction of Justice and Perjury?
18. If no, why not?
19. Is DOJ, ATF or any government agency conducting surveillance on Dobyns’s attorney James Reed or any other party adversarial to the government in Dobyns v. USA?
20. If yes, who, who has ordered it, and why?
21. Do you consider yourselves to have any personal responsibility, ownership or accountability for the conduct of DOJ Attorneys, Agents and/or government witness’s actions in any of these matters?

 

Mr. Holder and Mr. Jones, before you answer I will suggest you review these below listed and highlighted snippets (all published within the last week) of what is now known publicly and compare that to the other, yet to be revealed, compromising information you are aware of. It is clear that United States Court of Federal Claims Judge Francis Allegra is no longer willing to allow you to hide behind the courts seals.  Mr. Holder you are already being held in contempt of Congress.  Please honor the Department of Justice and the American people and don’t make that worse.  Mr. Jones, you will be joining him if you try to stonewall, cover-up or deceive our nations elected leaders:

 

http://tucson.com/news/local/column/steller-unsealed-dobyns-files-look-bad-for-doj/article_c880c43b-6f55-5201-b0b8-0ab6dd6cc964.html
January 22, 2015 – Arizona Daily Star – Tim Stellar – Unsealed Dobyns files look bad for DOJ

– “For people like me, who have sympathized with Dobyns but tried to reserve judgment about his case, the documents push us further into the retired agent’s camp. You can’t read the few filings that have been unsealed in the case without wondering why the Justice Department is going to such extremes and spending so much on what is, at base, a relatively minor contractual dispute that could have ended years ago.”

– “It still boggles the mind why the DOJ has fought Dobyns so hard for so long and at such great cost, even after a loss at trial…”

 

http://armsandthelaw.com/archives/2015/01/unsealed_court_.php
January 23, 2015 – Of Arms and the Law – David Hardy – Unsealed court files in Jay Dobyn’s case full of bombshells

– “This is DOJ’s Watergate… or worse. Attorneys and agency officials concealing evidence, secretly threatening witnesses, agency surveillance of attorneys and witnesses. All over a civil lawsuit — can you imagine what they’d do over something big?”

 

http://www.examiner.com/article/judge-alleges-fraud-on-the-court-by-government-attorneys-dobyns-case
January 25, 2015 – Examiner.com – David Codrea – Judge alleges ‘fraud on the court’ by government attorneys in Dobyns case

– “The judge then reportedly notified Attorney General Eric Holder, then-Deputy AG and (“Number Two” at Justice) James Cole, and the Office of Inspector General of DOJ attorney fraud against the court, and issued an order barring seven of the attorneys from filing any further legal documents in the Dobyns case.”

– “Without explanation, ATF closed its investigation of the witness alleged to have threatened Trainor. DOJ’s Office of Professional Responsibility advised Judge Allegra they were not going to pursue fraud allegations against their attorneys.”

 

http://townhall.com/tipsheet/katiepavlich/2015/01/26/federal-judge-accuses-doj-attorneys-of-defrauding-the-court-in-case-of-atf-whistleblower-jay-dobyns-n1948216
January 26, 2015 – Townhall.com – Katie Pavlich – Federal Judge Accuses DOJ Attorneys of Defrauding The Court, Threatening Witness in Case of ATF Whistleblower Jay Dobyns

– “Dobyns is the first law enforcement agent to ever successfully infiltrate multiple layers of the notoriously dangerous and violent Hells Angels motorcycle gang through “Operation Black Biscuit.” After doing so and after his identity was exposed, he received death threats against himself and his family. ATF did nothing to protect him. When his house was burned to the ground at 3 a.m., ATF supervisors tried to frame him for the arson after Dobyns blew the whistle and exposed supervisors had done nothing to address serious and credible threats against his family.”

– “According to a letter to Judge Allegra from the DOJ Office of Professional Responsibility, OPR has “received multiple inquiries regarding whether the Federal Circuit’s December 18, 2014 Order remanding the case of Jay A. Dobyns v. United States, No. 08-700C (FMA), to the Court of Federal Claims for further proceedings will affect the inquiry recently initiated by OPR into allegations that Department of Justice attorneys committed misconduct in the Dobyns case,” and “the court will order depositions of at least some of the attorneys and other witnesses in this case, as well as the receipt of other relevant evidence.”

 

http://thehill.com/opinion/katie-pavlich/230813-katie-pavlich-will-the-next-ag-stand-for-the-rule-of-law
January 26, 2015 – The Hill – Katie Pavlich – Will the next attorney general stand for the rule of law?

– “…an issue that certainly needs to be addressed during Lynch’s hearing are recent revelations that DOJ attorneys defrauded a federal court and intimidated a witness in Dobyns v. USA.”

– “The DOJ Office of Professional Responsibility has received a number of inquiries related to DOJ attorney misconduct during the case and has ordered depositions of the attorneys involved. Overall, DOJ leaders are standing by the attorneys accused of wrongdoing, saying they are outstanding civil servants. Lynch would do well to open up an investigation of her own into their potentially criminal behavior, which has been thoroughly documented by a federal judge.”

 

http://www.foxnews.com/politics/2015/01/29/federal-judge-blasts-doj-lawyers-in-case-fast-furious-whistleblower/?intcmp=latestnews
January 29, 2015 – Fox News – William La Jeunesse, Maxim Lott – Federal judge blasts DOJ lawyers in case of ATF whistle-blower

– “In a newly unsealed, Dec. 1, 2014, court ruling that legal experts said was highly unusual, Allegra accused seven Justice Department lawyers of “fraud upon the court, banned them from making any further filings in the case and took the unusual step of directly notifying Attorney General Eric Holder.”

-““In 40 years of legal practice, government and private, I’ve never seen that done,” said David Hardy, a constitutional law expert who formerly worked in the U.S. Solicitor General’s Office.”

-“That’s when Justice Department lawyers got involved. In the ruling from last month, Allegra found a key witness in the trial said he was threatened by another ATF agent – and that ATF lawyers told the threatened agent not to tell the judge about it.”

– ““[ATF lawyers] ordered the agent in question not to communicate the threat to the court and stated that there would be repercussions if the agent did not follow counsel’s instructions,” Judge Allegra said in his ruling.”

-“It’s a huge issue. Look, a lawyer’s stock and trade is his or her integrity, and to have a situation where a federal judge is basically questioning your candor with your court — it’s exceedingly serious,” Thomas Dupree, a partner at the prestigious law firm Gibson, Dunn & Crutcher and a former DOJ official from 2007 to 2009, told FoxNews.com.”

-“It’s very, very serious,” said Dupree. “Judges don’t make allegations like this cavalierly. It’s only after they have looked at the evidence and they have deep concerns that something that is not quite right. This is not by any means a run-of-the-mill, routine order.”

-“The judge also sent evidence of the alleged malpractice to the DOJ’s Office of Professional Responsibility, which initially opened an investigation. However, legal filings show that the agency soon suspended its investigation, saying it would wait to hear what Judge Allegra finds.”

 

http://www.azcentral.com/story/news/arizona/investigations/2015/01/29/federal-judge-suspects-atf-attorneys-fraud-jay-dobyns-case/22551977/
January 30, 2015 – Arizona Republic – Paul Giblin – Judge suspects ATF attorneys of fraud in ex-agent’s suit

-“A federal judge suspects that seven attorneys representing the Bureau of Alcohol, Tobacco, Firearms and Explosives committed fraud in the case of a retired federal agent who infiltrated the Hells Angels motorcycle gang in Arizona.”

-“Court of Federal Claims Judge Francis Allegra banned the attorneys from filing documents in his court, and he ordered additional hearings to investigate the attorneys’ actions, essentially creating a trial within a trial.”

-“The court found that two now-retired ATF executives, George Gillett and Charles Higman, allowed Dobyns to be treated as a suspect in the 2008 fire as a form of payback for a previous settlement he had received against ATF for largely ignoring earlier death threats against him.”

-“Former U.S. Attorney for Arizona Paul Charlton said he has never heard of a federal judge taking similar action against government attorneys.”

-“”That’s extraordinarily unusual, and if the basis for that order is true, greatly disappointing,” said Charlton, who served in the U.S Attorney’s Office from 1991 through 2007.”

-“Concerning the possible tailing of Dobyn’s attorney, Reed reported to the court on Jan. 11 that he believed he had been under extreme surveillance for two months and lesser surveillance for many months before that.”

-“Reed wrote that people tracked him at his home, office and while driving, and may have been responsible for break-ins of his car and home during which nothing was stolen. Reed reported that he told retired ATF agent Joseph Slatalla about his concerns and when they inspected the damage to his car, someone in another car photographed them, then followed Slatalla.”

-“The Department of Justice’s Office of Professional Responsibility opened, then shelved, an inquiry into Allegra’s suspicions about the attorneys, according to letter to Allegra from Justice associate counsel Raymond Hurley.”

-“While OPR will continue to gather information and monitor the proceedings in the Dobyns case, it will not, for the time being, conduct witness interviews or engage in other investigative actions relating to the issues before the court,” Hurley wrote in the letter, dated Jan. 9.”

 

If as a citizen, you are concerned with what has taken place here at ATF and DOJ, and that concern inspires you to do something, you can write to our most attentive, powerful and involved Senators and Representatives to ask they serve in the manner we have elected them to.

Senator Charles Grassley http://www.grassley.senate.gov/constituents/questions-and-comments
Representative Darrell Issa http://issa.house.gov/contact/contact-me/
Representative Jason Chaffetz https://chaffetz.house.gov/contact-me/email-me
Representative Trey Gowdy http://gowdy.house.gov/contact/
Representative James Sensenbrenner http://sensenbrenner.house.gov/contact/email.htm

Optimized-Holder-Jones-gun-control

“ATF’s Watergate…or worse.”

If the above picture were part of a movie script it would read like this:

TITLE CARD: Based on the true Story

FADE IN.

INT. EXECUTIVE MEETING ROOM – WASHINGTON. D.C. – DAY

We are in the halls of justice; the bowels of justice actually. A statue of LADY JUSTICE – blindfolded, she carries a scale in one hand and a sword in the other. She towers over the CROWD but no one takes notice of Her presence or meaning.

ATTORNEY GENERAL HOLDER and ATF DIRECTOR JONES are holding court before a group of SUCK-ASS YES MEN. In the law enforcement world they each consider themselves the Prince’s of the City. They speak in private, low tones, out of earshot of their groupies.

JONES
I hate that whiny bitch Dobyns. Can you help me?

HOLDER
Anything you want B. He’s just an agent, right? Not a boss or an executive or anyone we care about?

JONES
Even better brah. Retired Agent. What I like to call a P.O.S. – Plain ‘Ol Sitizen.

Both laugh.

JONES (cont.)
Defend me brah. How about you have your legal goons pretend like we didn’t try to frame him and put him in prison?

HOLDER
But we did. Or, at least your agency did. Come on brah, you know that. You guys issued a report saying so.  Fucking dumbshit!

JONES
Don’t matter brah. Just bury all the evidence. You know, like Fast and Furious. Lie. Downplay and then stonewall. Put some of your dogs on his attorney too. Harass the shit out of him.

HOLDER
This stuff always leaks out. Damn reporters. Then the next thing you know I’m sitting before Congress on C-SPAN getting ass-raped with questions.

JONES
Chill brah. Congress don’t care. Just do what you do. Deny, deny, deny. Then counter-allegate. Keeps those bloodhounds off your scent every time.

HOLDER
OK, brah. I got your back. No one blows the whistle on us. Now let’s tell all these groupies here what good leaders we are. They’ll nod their bobbleheads to anything for a promotion.

JONES
(joking)
Truth, Justice and the American way.

Both laugh at their inside joke.  They each light a cigar.

FADE OUT.

R

 

If you are going to cheat, then be good at it and don’t get caught.  If you are going to lie, then at least win.  When you cheat and lie and get caught and lose – then don’t be douchebags and pretend like you didn’t.

It is one thing to play dirty with me.  I have limits to the levels I can fight back.  I am doing my best but I am still just one man pushing against the largest law firm on the planet.

But,

When you play dirty in a Federal courtroom before an experienced and tenured Federal Judge – oooohhhh – that’s a whole different ball game.

http://www.examiner.com/article/judge-alleges-fraud-on-the-court-by-government-attorneys-dobyns-case

Judge alleges ‘fraud on the court’ by government attorneys in Dobyns case

The tone set by Attorney General Holder at Justice and ATF Director Jones is one established at the very top of the Obama administration.

The tone set by Attorney General Holder at Justice and ATF Director Jones is one established at the very top of the Obama administration.

 

 

Commenting on revelations about Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Department of Justice (DOJ) actions in the case of retired agent Jay Dobyns against his former employer, attorney David Hardy equated them with “a BATF and DOJ Watergate… or worse,” Friday. Noting that actions taken over a civil lawsuit evidently have included concealing evidence, secret threats against witnesses, and surveillance of attorneys and witnesses, the new information lends further credence to Dobyns’ allegations and appears to show government lawyers engaged in a criminal conspiracy.

“For people like me, who have sympathized with Dobyns but tried to reserve judgment about his case, the documents push us further into the retired agent’s camp,” Tim Steller of the Arizona Daily Star admitted. “You can’t read the few filings that have been unsealed in the case without wondering why the Justice Department is going to such extremes and spending so much on what is, at base, a relatively minor contractual dispute that could have ended years ago.”

Dobyns gained fame after infiltrating the Hells Angels and writing about his experiences in the New York Times bestseller, “No Angel: My Harrowing Undercover Journey to the Inner-Circle of the Hells Angels.” He has since been the subject of numerous reports focused on retaliation he has been subjected to for coming forward with information exposing official wrongdoing. He was also instrumental in providing background information on management personalities and practices involved in the Operation Fast and Furious “gunwalking” scandal.

Dobyns had sued his employer for failure to properly investigate an arson attack that destroyed his home and endangered his family, and for reneging on protection agreements over death threats he received, after the bureau withdrew his cover identity following the Hells Angels case. In September, Senior Judge Francis M. Allegra of the United States Court of Federal Claims awarded Dobyns $173,000 and denied government royalty claims against Dobyns for his book, seemingly providing an end to a prolonged six-year ordeal until the government challenged that ruling in the 11th hour. In a move surprising to many case-watchers, the judge then voided his own judgment, provoking speculation but no answers as to why.

Some of that may be getting clearer with the unsealing of case documents, now available on the Public Access to Court Electronic Records (PACER) system. Language used by Judge Allegra in his now-unsealed December 1 opinion does not mince words, and seems damning.

“[T]he court … issued an order voiding the prior judgment based upon indications that the defendant [ATF], through its counsel, had committed fraud on the court,” Allegra wrote. “[F]raud on the court consists of conduct: 1. On the part of an officer of the court; 2. That is directed to the ‘judicial machinery’ itself; 3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4. That is positive averment or is concealment when one is under duty to disclose; 5. That deceives the court.”

Further detailed allegations, being investigated by this reporter and seemingly corroborated by the unsealed opinion, include Judge Allegra being contacted by Internal Affairs Investigator Christopher Trainor, a key witness in the Dobyns case, concerning his being threatened by a main government witness — one the judge himself had raised perjury questions about — and chillingly,also threatened by lead government attorneys. Trainor had reportedly earlier given the intimidation to ATF, which opened a criminal investigation, and then approached ATF and Department of Justice attorneys, both of whom allegedly refused to report the witness tampering allegations to the judge. It is further alleged Trainor was warned by the DOJ attorney that if he reported the witness to Judge Allegra, his career at ATF would suffer.

The judge then reportedly notified Attorney General Eric Holder, then-Deputy AG and (“Number Two” at Justice) James Cole, and the Office of Inspector General of DOJ attorney fraud against the court, and issued an order barring seven of the attorneys from filing any further legal documents in the Dobyns case. Although no direct connection has been established, it is noted that the timing of the judge’s notification appears contemporaneous with Cole’s resignation and Holder’s announced resignation.

“Coincidental” timing did not end there. Without explanation, ATF closed its investigation of the witness alleged to have threatened Trainor. DOJ’s Office of Professional Responsibility advised Judge Allegra they were not going to pursue fraud allegations against their attorneys.

“OPR has informed the parties that, while OPR will continue to gather information and monitor the proceedings in the Dobyns case, it will not, for the time being, conduct witness interviews or engage in other investigative actions relating to the issues before the court,” Judge Allegra was informed. OPR essentially told a federal judge they were not going to investigate concerns about fraudulent conduct by DOJ attorneys that he had raised.

After vacating his opinion so that he could incorporate the information into a new opinion, Allegra asked the Appellate Court to remand the case back to him in order to further determine the scope of alleged misconduct and the negative impact it may have had on the trial, a request that was granted in December. The next day, DOJ filed a sealed motion challenging its attorneys being barred and Allegra ordered it unsealed, further ordering DOJ justify its motion. That clarification was filed under seal in early January, and again, Allegra ordered it unsealed.

The documents show DOJ defending the accused attorneys, arguing they are upstanding civil servants and in good standing with the bar. In doing so DOJ was defending attorneys who allegedly ignored facts and evidence, harbored perjury, and bolstered ATF’s attempt to frame Dobyns as an arsonist willing to murder his own family by fire. It mischaracterized information to the judge — primarily arguing to Judge Allegra that Trainor’s Internal Affairs report was irrelevant to the case, and denying Dobyns access to the report for twelve months, only relenting just before trial.

Trainor’s report and his testimony were, in fact, essential to Dobyns’ case, perhaps explaining why he would be a prime target for intimidation. It also could explain why DOJ treated Trainor as a hostile witness, when he clearly was nothing more than an independent fact-finder.

Dobyns filed motions on January 12 in two phases, one unsealed and one sealed, the latter being ordered unsealed by Allegra. The information, said by a knowledgeable source to be ‘astounding” and “catastrophic,” further alleges collusion between ATF top management and DOJ to deny justice by covering up misconduct.

These developments lend themselves to circumstantial speculation, including that Judge Allegra ordered motions unsealed because he has lost patience with and confidence in the government lawyers, seemingly an understatement inlight of his allegations of fraud. Further informed speculation surmises one DOJ attorney has had a federal judgeship derailed due to “mismanagement” of the Dobyns lawsuit.

Additionally, allegations have surfaced in the Dobyns’ motion Judge Allegra ordered unsealed that Dobyns’ attorney had been placed under surveillance to the point where the judge has been asked to allow his withdrawal, leaving the retired agent’s pursuit of justice further hampered.

“I said all along they were cheating,” Dobyns advised readers of his website in a Friday post. “Everyone was like, ‘sour grapes, disgruntled agent, whiny narcissist, etc. … Just a fraction of the dirty games ATF and DOJ played on me are coming out. Reporters are finding it all on their own with no prompting from me. This is only the portion of what Judge Allegra has unsealed and allowed to be exposed. More and better dirt on these people is coming.”

“Everyone who has read this and called Jay their friend, and probably enjoyed his generosity over the years needs to take the five minutes it will take to write a letter, and send it certified mail to Sen. Charles Grassley and newly appointed House Oversight Chairman Jason Chaffetz DEMANDING DOJ answer for this,” Dobyns’ friend, colleague and fellow whistleblower Vince Cefalu told members of the CleanUpATF forum. That’s the website formed by bureau insiders fed up with waste, abuse, corruption and fraud, and the place where revelations of Fast and Furious guns being found at the murder scene of Border Patrol Agent Brian Terry were first made.

Cefalu himself is a previously-promoted agent who ran afoul of management for objecting to illegal wiretapping. Escalating retaliation, including for his providing further evidence of management wrongdoing, resulted in his being illegally fired and then reinstated in a settlement that included $85,000 in damages, legal fees, and an expunging of adverse information from his record.

These latest developments, along with revelations about ATF “sting” scandals in Milwaukee, Wichita, Portland and Pensacola, call into question the very justification for confirming B. Todd Jones as permanent director after a string of acting bureau heads. But before extrapolating that to engage in further speculation, the next developments in Judge Allegra’s court, as well as the reaction, if any, from Sen. Grassley and Rep. Chaffetz to these latest revelations, will provide the best window into who in the government knew and did what, and how high it has gone.

tumblr_nfvpsryIf11td37ydo1_1280

DOJ Criminals!

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

I said all along they were cheating.  Everyone was like, “sour grapes, disgruntled agent, whiny narcissist, etc.”  Just a fraction of the dirty games ATF and DOJ played on me are coming out.

Reporters are finding it all on their own with no prompting from me (below).  This is only the portion of what Judge Allegra has unsealed and allowed to be exposed.  More and better dirt on these people is coming.

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

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

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

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

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

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

Ahole

 

 

 

 

 

 

 

 

Unsealed Dobyns files look bad for DOJ
ARIZONA DAILY STAR

Tim Steller, columnist at the Arizona Daily Star.

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

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

For people like me, who have sympathized with Dobyns but tried to reserve judgment about his case, the documents push us further into the retired agent’s camp. You can’t read the few filings that have been unsealed in the case without wondering why the Justice Department is going to such extremes and spending so much on what is, at base, a relatively minor contractual dispute that could have ended years ago.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It still boggles the mind why the DOJ has fought Dobyns so hard for so long and at such great cost, even after a loss at trial that was so narrow it could almost be called a win.

2014 – A Year In Review of Dobyns v. USA

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

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

2014, a Timeline:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“…the court will order depositions of at least some of the attorneys and other witnesses in this case, as well as the receipt of other relevant evidence.”

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

Particularly:

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

And,

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

So,

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

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

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

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

Stay tuned.

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

Jay

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

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

Judge Allegra’s December 22, 2014 public Order:

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