Tag Archives: Judge Francis Allegra

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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.

tumblr_nfvpsryIf11td37ydo1_1280

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

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

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Vindication

From: Jay Dobyns, ATF Special Agent (Ret.)

Re: Published Opinion of the United States Court of Federal Claims, Dobyns v. United States of America, CR 08-700C, The Honorable Judge Francis M. Allegra, presiding

Note: Solicitations for any additional comment or legal opinion should be directed to my attorney, James B. Reed, at 602-445-7720 or jreed@bwglaw.net. I will have no further comment beyond this release and will not be granting interviews.

Below you will find a synopsis of the Court’s opinion and a direct link to Court’s full and published document.

***

Today the Honorable Francis M. Allegra of the United States Court of Federal Claims made public his judicial opinion/ruling/findings in the case of Jay Anthony Dobyns v. United States.

I have been vindicated.

First, I must thank God who provided me with strength and faith during these events.

“This is my command—be strong and courageous! Do not be afraid or discouraged. For the Lord your God is with you wherever you go.”

– Joshua 1:9

I thank those who have supported me; family, friends, peers and strangers but mostly my wife and kids – they have been the true victims here and been forced to suffer to needlessly.

My legal counsel lead by James Reed proved to be extraordinary and brilliant. Jim and his team took on a fight that no else dared. With Jeff Elder and Carson Emmons together they played out a courtroom version of David and Goliath challenging the most well-resourced and powerful law firm in the history of the planet, the United States Department of Justice. Armed with the equivalent of a stone and a slingshot, they won.

Attorney Mark Gidley and the law firm of White and Case in Washington, D.C., invited us into their home and showed us the hospitality and a base of operations that only a firm of that stature could provide.

I thank Judge Allegra for upholding his duty, responsibility and ethics in reaching a fair opinion. He is the type of judge who brings honor and respect to the bench. I was fortunate to argue before such a fine man.

I thank the select few of my ATF peers who displayed the courage to publicly stand by me when doing so put their own careers and reputations at risk. Friends I thought I had vanished while friends I never knew I had arrived. There is nothing comparable to “pressure” in a time of need to find out who truly believes in you.

Two ATF Agents in particular showed themselves to have integrity that rose above the fray. Thomas Atteberry took great professional risk when he pressed for a fair investigation of the crimes against me and was placed under duress for doing so. Christopher Trainor conducted an internal investigation that serves as an example of a diligent quest for the truth. For every lawman who truly seeks unbiased fairness in their work, he set a very high standard to strive for.

Doing the right thing is not always easy but, it is always right.

Those at the Law Enforcement Legal Defense Fund proved to be extraordinary in their support. Without them I could not have survived this battle or been able to continue it. They showed faith in me when very few others did and their assistance kept me in the fight when I was on the verge of a knockout.

I thank certain members of the media for their accurate coverage of these events. Without their reporting ATF and DOJ would have gotten away with all of this. The leadership of those agencies take an attitude of “battening down the hatches and allowing the storm to blow over” until they are placed under the microscope of the public’s eye.  Forced transparency. The power of the press and the pen is enormous.

As with anything worth accomplishing in life, none of us can ever do it alone.

It is also most appropriate here to honor the sacrifice of Border Patrol Agent Brian Terry whose passing shed light on the conduct of ATF and allowed the events I suffered to find credibility and attention. Prior to Brian’s death the facts and evidence contained in this opinion had been swept under ATF’s dirty rug. It is shameful that the loss of Brian’s life is what it took for the truths of my situation to be exposed.

For Brian, much of the information surrounding his murder is still covered up.

This opinion is not just a victory for me. I hope it helps the many other abused employees who never had a voice or were never able to make it this far. Brian has been instrumental in that and continues to serve his nation even in death.

***

Today, Judge Allegra’s opinion speaks louder on my behalf than any of my own words ever could or did. He is a fair and honorable man grounded in justice. His opinion reflects those standards.

I will not seize upon this opportunity to gloat or celebrate. From my view there is nothing to rejoice in. This is a sad day for my beloved ATF, the Department of Justice and all who believe in and support America’s law enforcement officers.

The title of the lawsuit alone – Dobyns v. USA – is humiliating for me. I never stood against the USA; only the corruption and abuse that infect parts of ATF and DOJ in leadership. I blew the whistle on that corruption. For that I was severely punished and left undefended.

I dedicated my entire professional life to the United States of America. I came to work every day intent on standing between the violent predators in our society and the good and innocent people who can’t or won’t do that for themselves. Some days I succeeded, some days I failed but, I always tried my best. It has been my supreme honor and privilege to do so.

An agency I spilled my own blood for and enthusiastically accepted every dirty assignment on behalf of for twenty-seven years, knowingly and intentionally accused me of a crime I did not commit; being a person who would murder his own wife and children by fire.

Some shotcallers in ATF who knew the allegations were false sat silent and watched the attacks heaped on me. Others proactively joined in the attack to gain favor with their superiors. Such is a means to advancement at ATF. Those are also the characteristics of cowards and an agency of abysmal leaders.

Prior to the attack on us ATF incompetently dismissed years of death and violence threats against me and my family. With a combination of negligence, incompetence and payback ATF executives removed from me all of the safety counter-measures I had in place for our protection.

At closing arguments in this lawsuit (February 2014) DOJ’s lead attorney David Harrington characterized my allegations as “flimsy”, and that, “Mr. Dobyns account of events are self-serving”. He argued that responsibility for the issues before the court, “Lie at the feet of Jay Dobyns”.

At that same hearing Judge Allegra stated that ATF’s treatment of me was “wretched”, their acts were “purposeful”, derived out of “professional jealousy” and were “simply spiteful”.

ATF and DOJ didn’t get it then and they won’t get it now.

Today, Judge Allegra describes ATF as an agency with, “organizational weaknesses, the inability of agency officials to supervise and control, and of demonstrated misfeasance – all rooted in the sorry failure of some ATF officials”. Further he wrote, “the story of how Agent Dobyns was treated is neither entertaining nor an easy read.”

Judge Allegra wrote in his opinion that Marino Vidoli, Steve Pugmire and Bill Newell, “ignored information about threats to Agent Dobyns and his family”, that, “the removal of the fictitious identification put Agent Dobyns and his family at risk”, that there was “no valid reason” for ATF’s failure to support us. The court wrote that the conduct of Vidoli was “unprecedented as the only instance in which Vidoli ever withdrew backstopping issued to an ATF employee.”

Four months later my home was burned to the ground by an arsonist(s) with my family asleep inside. Their own calm courage saved their lives. By removing my protections, ATF forced me to place all of my personal information in open source databases easily queried by the public.

Interestingly (but normal for ATF’s self-protecting cover-up and smooth-over executives) the day after Vidoli testified in this lawsuit ATF and DOJ announced that he and his counterparts had been internally cleared of any wrongdoing.

Following the arson persons at ATF like Bill Newell, George Gillett and Charles Higman, at the FBI like Brian Nowak, and at the United States Attorney’s Office like Beverly Anderson knowingly and intentionally pursued me “for several years” under false and fabricated pretense. They did so consciously with zero evidence and while ignoring expert investigators and a credible alibi that proved I could not have possibly been involved.

Although they each were/are employed under the banner of justice, they did not seek it. They exerted no effort to find the truth and even less interest in finding out who really attacked me and my family. That person(s) – the arsonist(s) – remain free and un-investigated. They chose to waste their effort and, during a time of government sequestration and shut down, your money chasing me.

Behind ATF and DOJ I faced a zealousness I had never seen in my entire experience as a law enforcement officer, not even towards the vilest of predators. When I complained, I was buried under ATF’s internal slander machine as a malcontent.

In his opinion Judge Allegra documents the government’s defense of perjury, obstruction of justice and retaliation.

In describing the failed courtroom testimony and credibility of some government witnesses the Court characterized them as “unworthy of belief”, “lacking candor”, or simply stating, “he lied”.

Judge Allegra describes some of the testimony he heard as, “a remarkable tapestry of fiction”. These are the type of witnesses DOJ called to the stand to testify against me. Not one lying witness or a single attorney who sponsored them has been held to task.

For the last six years I have fought to clear my name and reputation. I couldn’t live with myself if I hadn’t. Even more importantly, I would not have been able to look my family in the eye.

Eric Holder’s DOJ fought me every single step of the way. Our nation’s lawmakers watched it all take place from the sidelines. My plight did not fit the agendas of Congress.

I found some personal satisfaction as witness after government witness was called to the stand but could not look or even glance in my direction while testifying. They knew that what they’d done was dead wrong.

The second biggest mistake the government made after trying to frame me was that they attacked someone who was not afraid to fight back. A playground bully won’t come for your lunch money once he’s been punched in the mouth. He’ll just find someone weaker to pick on. If you are mild they will prey on you. That is what I am fearful of. Who is next and will anyone help them?

Agent Trainor conducted an internal investigation of ATF’s misconduct and whom the court took time to praise in his opinion as “impressive”. Layers of ATF’s senior most executives internally approved and signed-off on the Internal Affairs Division’s conclusions of wrongdoing and crimes.

I contacted the United States Attorney for Arizona John Leonardo to advise that ATF Director B. Todd Jones and his Deputy Director Tom Brandon took it upon themselves to override their entire inner-circle of trusted advisers and not pursue punishment or prosecution for those cited in the Internal Affairs report. Leonardo responded that his office was not interested.

Their failure here was extreme and deserves added attention outside the courtroom. Some people, regardless of how they ascend to power, simply do not deserve the authority we grant them. ATF is presently lead by a counterfeit management – imposters with a gold badge.

To be subjected to ATF’s dirty attacks and then to learn that the truth was ignored behind one of management’s secret, back-alley, handshakes was sickening. It caused me to question everything I ever stood for as a federal agent. In essence Jones and Brandon have executed a quo of ATF by shutting out, disciplining and /or terminating anyone who fails to agree with them.

Of recent, ATF has been led by a group of executive misfits masquerading as lawmen. A favorite phrase of ATF street agents about leadership – “they can’t even do the wrong thing right” – is much deserved.

Will our legislators react to this with effectiveness or simply allow themselves to be lied to at yet another hearing and meet for happy hour afterwards?

DOJ’s team of civil defense attorneys lead by David Harrington, Corrinne Niosi and Kent Kiffner assisted by ATF Attorneys Rachael Bouman and Valerie Bacon hid and withheld critical documents and evidence from me. They engaged in judicial misconduct, attempting to deceive the court with false statements and mischaracterizations. They attempted to illicit testimony through their questioning that they knew would produce false answers. They protected known perjurous testimony and tampered with witnesses, encouraging some to lie under oath. They ignored the obstruction of justice tactics of their clients and defended it as simply, “the cost of doing business with us”.

This is not one man’s rant. I possess steadfast, undeniable and documented proof of that. It is an absolute truth, supported by the tampered witnesses themselves, that demonstrates the lengths that our DOJ will go to win at all costs.

ATF’s Bouman went so far as to proclaim herself as a hero and crusader having her fictitious account of the events published in her church’s newsletter.

ATF’s Attorney Bacon attempted to scuttle a proper criminal investigation for fear the results would damage DOJ’s improper defense of my civil allegations.  This is jaw-dropping and blatant misconduct that nothing has been done about.

All for what? To insure that Jay Dobyns or someone like me, like you, would not find justice? That is nauseating. It represents everything that good American’s despise and has done nothing but increase the mistrust of authority.

ATF and DOJ are simply not capable of admitting fault or error until it is written down for them by those in oversight. I promise you that even now they still won’t. They simply can’t. It is not a part of who they are individually or collectively.  They are out of control and your rights as citizens are not safe.

But, on the bright side, today’s ruling demonstrates that even the worst conduct by ATF and DOJ cannot overcome an independent judiciary. A fair courtroom has proven to be more powerful than the President, the Congress or our Attorney General.

Any federal employee who believes that their bad behavior and the abuse of their subordinates can be successfully defended by government attorneys to avoid accountability should read this opinion – this proves that it cannot. But only if we take a stand against it.

This case should never have seen a courtroom. The facts and evidence presented were of no surprise to anyone at ATF or DOJ. In fact, ATF’s Internal Affairs concluded the same as Judge Allegra; only they did so two years earlier. With the facts in hand but refusing to provide me the reports, I was mocked and taunted into the courtroom by government attorneys who lead ATF’s executives around by a pinched ear.

To “chill” and intimidate me the government filed a malicious counter-suit against me for authoring my book, No Angel and agreeing to a film production.  They did so only days after my lawsuit was accepted by the court but, nearly three years after ATF was aware of my book and movie having taken no corrective action or making no to attempt to contact with me about it.  DOJ sought damages from me in excess of three-quarters of a million dollars.  Judge Allegra denied their claim – “The court concludes that the defendant is entitled to  – nothing”.

The government knew their case was unwinnable and decided that their best chance to defend it would be to withhold evidence, extend the litigation process, break me financially and extort me into an economic forfeit. Over six years later, battered and beaten, albeit financially ruined, I am here, victorious.

If DOJ’s ultimate satisfaction comes from knowing they broke my bank, I concede to them their shallow victory. Money will come and money will go but the truth will stand the test of time. On the first page of the opinion Judge Allegra quotes Shakespeare in essence stating that a man’s wallet is trash, but his good name is everything.

Do not concern yourselves with the amount of damages awarded. From the beginning I stated that this was never about money. Many doubted that, calling me a selfish, greedy, attention-seeking, narcissist.

The truth be told, I rejected the government’s “hush-money” settlement offers knowing it would very likely exceed my final award. ATF executives and DOJ attorneys told me face-to-face, “Even if you win you are going to lose”, insinuating that the “go away” money they were offering was of higher value to me than the truth. I was never going to allow them to purchase my silence. I had hoped for a higher damages award from the court but that was not to be. I will not shed a tear or be ungrateful.

This was never about a cash-out to leverage me into silence. This always was, has been, and will continue to be about the restoration of dignity that the federal government stole from me. I permit no one to put a price tag on the value of that. No one. Brandon, DOJ Assistant Director Donald Kinner and Bouman, maybe now you finally understand me.

DOJ’s lack of control created an utter waste of America’s money. Millions and millions of dollars of it.

Attorney General Eric Holder and Civil Division Assistant Attorney General Stuart Delery and Director Jeanne Davidson, you are responsible and I will say that to your faces when and if I’m ever given the chance.  You named on this opinion for a reason.

I repeat here what I said about you on nationally broadcast interviews regarding Operation Fast and Furious – the same standard applies: Each of you knew that you sanctioning the defense of criminal conduct and did nothing to correct it, OR, you didn’t know what was taking place right under you own noses in your department – either way you are incompetent and an embarrassment to this country.

Mr. Delery, during your confirmation hearing seated next to ATF’s future Director you spoke of the importance of your family in the rise and success of your career. Does anyone else’s family matter? You are shameless in how you administer the nation’s business and your boss is where it all begins. America would be well served to force you both into training on servant leadership.

The court’s opinion documents despicable truths that no one can defend.

But,

There is a critical element to the timeline of my story that should not be missed and is actually more important than the content of the opinion itself. It reinforces the court’s opinion on the dangerous incompetence of ATF’s leadership.

The abuses I was subjected to pre-date those of ATF’s Operation Fast and Furious. The cast of corrupt characters in my story is nearly identical with those from Fast and Furious.

Why is that important?

Because in 2007 and 2008 I warned ATF of the dangers of these people well in advance of Fast and Furious providing them ample time to prevent what was coming. The asleep-at-the-wheel malfeasance of Michael Sullivan, Ronnie Carter, Billy Hoover and Ken Melson empowered them.

Once the corruption was exposed they all questioned, “How did this happen?”

It happened while I was being buried and tormented by ATF for speaking out and the ringleaders of Fast and Furious remained un-touched, un-investigated, un-disciplined at a time when they were just beginning to orchestrate the greatest law enforcement scandal of the modern era.

Hundreds of Mexican citizens and police officers were murdered, thousands of lives were torn apart and United States lawmen were ambushed because those we trusted to administer ATF put their heads in the sand.  Those at DOJ tasked to monitor them did the same. Criminals in possession of those weapons will continue to maim and murder until the end of time. There is no end-life to an AK-47.

I had armed ATF with the real information they needed to prevent Fast and Furious before it started.

My national commentary on Fast and Furious was never about the mechanics of how the operation took place. I had no direct knowledge. My statements targeted those who built it and allowed it to happen and who were attempting to hide behind the lie that they didn’t know. They did.

As sensitive as these people are to their embellished public images, when the national media prints stories with titles like – Once its Star, Agent Assails ATF (Arizona Republic); Federal agent penetrated Hells Angels, fears for his life (CNN/Anderson Cooper); The Good Guy, Death threats be damned, undercover cop Jay Dobyns isn’t running anymore (Tucson Weekly); Undercover With Hells Angels, In his new book, “No Angel,” ATF agent Jay Dobyns writes about his undercover mission with the Hells Angels — and the subsequent fallout (Wall Street Journal); A Very Hellish Journey (Newsweek Magazine); Still Catching Hell: Undercover No More, Jay Dobyns Revs Up for a New Fight (Washington Post); ATF Ignored Death Threats, Tried to Frame Whistleblower Agent to Cover Corruption and An Update on Jay Dobyns’ ATF “Horror Story” (Townhall Magazine) – they sure as hell knew.

Unfortunately at ATF and DOJ, executives are deaf and dumb to the voices in the field and are “deer in the headlights” when it comes to making any type of meaningful or real-time critical decision. Inaction is their specialty. Without an attorney to hold their hand or a focus group to fall back on for blame they lack the testicular fortitude to do their jobs.

No one knew who Newell, Gillett and Higman were at that time, but I did. I was personally experiencing the dangers of their corruption. Everyone ignored me. No one cared. Until it was too late. America was insulted and embarrassed by ATF’s executive nonchalance.

Still no one of influence cares. I have the letters from the FBI, DOJ’s OIG and the United States Attorney in Arizona to prove it. They have written to me stating they intend to take no action.

I am not without blame. Had I been more resilient, more courageous, demanded more, fought harder or screamed louder, I may have been able to disrupt Operation Fast and Furious before it began. That is a burden that weighs heavy on me. I thought I was better than that but I grew too quiet, too soon. I was unsuccessful in trying to fight the beast of reprisal and the beast won that day.

I hold myself accountable for falling short but, many others much more powerful and influential than I had a clear opportunity to intervene as well. I tried my best and failed. Others never tried at all.

For all of us, but especially my friends the Terry family, I am sorry. Please know that the spirit of your son and brother’s memory provided me inspiration to continue fighting on the days I wanted to give up.

For what has been done to me and my family and to those whom did it, I have forgiven you. Although I am angry, God has granted me a spirit of compassion and I will honor it as He would have me do. I am not without flaw or mistake and I will not cast that stone. To forgive does not mean to forget.

For those who blame me for “rocking the boat” or airing ATF’s “dirty laundry” in public, you’re just going to have to find a way to get over it. I don’t take it back and I wouldn’t if I could.

For those who pre-judged me behind ATF’s spin-doctored slander, at least now you can know the real truth before you decide how you feel about it.

Many others at ATF have been, and are currently being treated similarly to me. There is nothing to be said for those who came before me who “took it”, got scared, gave up, went silent, resigned or retired without pushing back. I can understand why but that is not a part of who I am or how I was raised. I was never going to go down meekly.

For those who continue to fight the wrongs, like ATF Agent Vince Cefalu, fight on my brothers and sisters. Win or lose yours is a just cause.

I hope that I have created some pause in the minds of the malicious executives who might consider treating the next agent like they did me. Maybe it’s an agent not yet on the job. Maybe he or she is in high school or college. Maybe they are at a police department building a resume of experience. Maybe it’s a current agent with a bright future and career ahead of them. Somewhere down the line someone else will benefit from not having to live with abuse on the job based on what was accomplished in this lawsuit. Maybe.

Certain individuals should be prosecuted. Others should be forced to resign.  If this does not happen then ultimately I have accomplished nothing for the greater good.

Did I change anything for the better now? Did I improve anyone’s current lives or careers? Did I make anyone more safe or secure today? No, I did not.

When people think more of me than I deserve, that is their fault.  If I begin to believe it, that is my fault.  I am not as good, or as bad, as people believe. I am not a leader or a follower or a hero or a scoundrel.  I am just me.

I only sought justice. I am one man. One citizen. Armed with the truth and refusing to be afraid of, or intimidated by our Department of Justice. I have now done all that I can.

Our only hope for a true difference in the future is powerful oversight and meaningful reform implemented by legislators courageous enough to make it real, not the weak-kneed who can only debate about it in myth and theory.

I beg our countries leadership to do your jobs so that no American, law enforcement or not, will ever again have to experience what I have.

During this journey I found a quote that I now hold close,

“The truth is like a Lion. You don’t have to defend it.

Turn it loose and it will defend itself.”

Thank you.

Click this Link for a Chronological Synopsis of the Court’s Opinion –

Synopsis of Opinion from Dobyns v. USA

 

– Click this Link to the Full and Published Court’s Opinion –

Final Redacted Opinion

 

– Click this Link for the Press Release of James B. Reed and the Baird, Williams and Greer Law Firm –

MEDIA ADVISORY – ATF AGENT JAY DOBYNS DEFEATS US DEPARTMENT OF JUSTICE IN US COURT OF FEDERAL CLAIMS

 

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

Arson 3

Arson 2

Arson 4


– Attorney James B. Reed –

Jim-Reed


– My legal team (L to R) Jeff Elder, Dobyns, Reed, Carson Emmons –

Dobyns Legal Team


– The image that sat before me and my attorneys during every court proceeding –

Court Poster


– No Angel –

No Angel NYTBS

photo

Beatdown!

Today U.S. Court of Claims Judge Francis Allegra opened the closing argument phase of my lawsuit by making the statements that he was the “finder of fact” and “decider of law” in this matter. He went on to say that after three weeks of trial (June and July 2013) his assessment of ATF’s treatment of me was “wretched”, their acts were “purposeful”, derived out of “professional jealousy” and “simply spiteful.”

Judge Allegra went on to say that during trial, witnesses testifying for the government had answered questions in his courtroom with “less than candor”. That is a tactful way of saying they committed perjury, or for the rest of us laymen – they lied.

This was before the attorney’s even spoke.

Federal Agents traveled from New Jersey in the east, California in the west, Idaho in the north and Louisiana in the south, all to hear what was said today.

DOJ Civil Attorney David Harrington argued for ATF that responsibility for the issues before the court, “Lie at the feet of Jay Dobyns”. He also went on to say that, “Mr. Dobyns has not been damaged by ATF and holds no rights to a monetary judgment”, that my case is, “flimsy”, and that, “Mr. Dobyns account of events are self-serving”.

Moving backward to October 2012, ATF and DOJ held in their possession an ATF Internal Affairs Report that documented ATF’s corrupt reaction, response and investigation of the arson of my home. ATF’s own Internal Affairs had delivered to ATF Executives the following eleven conclusions, all based in fact.

Of note – These are not my findings or opinions. They are ATF’s own internal findings:

Picture6
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This was never about money or escape. It was about the truth. It was about not being afraid or intimidated. We won today. Vindication.

Attorney General Eric Holder, ATF Director B. Todd Jones and Brandon have concealed and protected the Internal Affairs report and other critical facts and evidence for 16 months refusing to accept the internal findings or admit any ownership.

What did they do about the findings? Nothing. No accountability. No discipline. No nothing.

This is your ATF and DOJ.

As a demonstration of the federal arrogance I have fought off for the past ten years, today, when DOJ’s Harrington was advised that his allotment of time before the court was running short and in the midst of trying to convince the court that the entirety of all of this was my fault, Harrington replied to the Judge’s advisement, “Your Honor, time flies when you’re having fun.”

His DOJ co-counsel P. Davis Oliver and ATF Attorney Melissa Anderson both laughed. The rest of audience in court groaned.

For me, my mission has been accomplished. The truth has been told and exposed; in part. The remainder will be exposed in the next few months when Judge Allegra issues his ruling and hopefully lifts the rest of the protective order.

I knew I would get my final day in court today and was confident that my attorney, Jim Reed, would out-class the best DOJ had to offer. That came true.

But, the truly best part of the day for me was a surprise. Jim’s father, John Reed at 84 years of age, was in the courtroom today to see his son make his arguments. Jim has been an attorney for 25 years and John had never seen his son work in a courtroom.

When court was adjourned I found John Reed weeping in the hallway. John told me that he had never been prouder of his son than he was at that very moment. John said that he was overwhelmed by having raised a man who was willing to stand up to the biggest bully in America. His son never blinked or buckled. John knew he had done good.

IMG950452_0Jim comforted his father and watching the two of them was the very best part of the day for me.

Honor. Respect. Dignity. Integrity. Truth. Justice. The Reed’s father and son. Those traits have been lost on Eric Holder, his dispatched attorneys and the leaders past and present at ATF.

Thank any and all who have supported my journey.

Dobyns Home Arson

An American Law Enforcement Horror Story

On Tuesday, February 18, 2014, at 9:30 am MST, the closing arguments in Dobyns v. USA will be presented at the Evo A. DeConcini United States Federal Courthouse, 405 W. Congress Street in Tucson, Arizona.

U.S. Court of Federal Claims Judge Francis Allegra has ordered that the arguments be open to the public.

I am asking that anyone who wants or can attend to please do so – for or against me; all are encouraged to be present and listen. I am inviting you knowing full-well that the government will do their very best to once again bash my head in and lay blame for all of this at my feet.

Especially those out there in law enforcement, please come. I want you to see for yourselves and hear for yourselves how the Department of Justice and ATF feel about me, and thus you. The governments attorneys will attempt to synopsize their view of the events I have faced. You will learn of what to expect should you be placed in the same predicament as I have been.

I am assuring to everyone who attends that you will be shocked and stunned. Maybe infuriated and sickened.

The closing arguments will be the culmination of ten full years of my attempts to ferret out the truth from government law enforcement agencies determined to cover up those truths and mischaracterize those facts. The last five years have taken the form of my lawsuit.

This has been a journey I can only characterize as an American Law Enforcement Horror Story.

I tried my very best to address each and every issue in dispute internally with ATF. I played by their rules. I worked hard to keep the government’s dirty laundry from being hung in public. Only when I was ignored and shamed by my agencies “leadership” was it the media – electronic, print and investigative bloggers – who drew attention, asked public questions and sought public accountability. The media did what the government would not.

All elements of the political spectrum have paid attention from CNN to Fox News to both isles of Congress. I thank you all, past and present for that. This is not a red or blue or tea party or any party issue – it is an American issue.

Whether I win or lose this case know this: my goal has always been to expose the corruption I have faced so that no other law enforcement officer will ever have to encounter what I have. At least not without the government thinking twice about again going down this same path. No guarantees there. The power of corruption and cover-up is most difficult to contain. Just ask Josephine Terry about that.

I can lose the final verdict yet still win. How? My single, focused goal of my lawsuit has always been to make the American public aware. That is coming true.

Make no mistake here. U.S. Attorney General Eric Holder, Holder’s top aide at DOJ Stuart Delery, ATF Director B. Todd Jones and a slew of other executive shotcallers at ATF have spearheaded the government’s defense of my complaints. They will surely be asked, “What did you know?”, “When did you know it?”, “What did you do about it?”, “Why didn’t you do anything about it?”

Holder, Delery, Jones and the others, as appointed representatives of the current administration and President Obama, each internally deemed that ignoring multiple death and violence threats against a law enforcement officer and later, in payback for voicing my complaint, ATF attempting (and failing) to frame an innocent agent for the attempted murder his family by fire are all acceptable, appropriate and defensible government actions and conduct. They’ve done so under a vulgar definition of what they call “justice”.

The truth is the truth is the truth. That will never change. See ya in court. Please attend and decide for yourself if you believe I am right, or if I am wrong.