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#201 VINCENT A CEFALU

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Posted 20 March 2015 - 08:44 AM

Lets get this straight. Brandon is acting Director. Isn't he in fact the one who approved the McMahon double dipping and protected both him AND Julie Torres? Isn't he also the one who reinstated Kelvin Crenshaw in under two weeks after proposing his termination? Isn't he also the one who completely ignored the misconduct in the ongoing Dobyns lawsuit? Isn't he also the one who allowed Gleysteens, Downs' and Births perjury in my case? Lest we forget he allowed Newell and Gillette to stay on the job? Oh boy, we are in great hands. NOT.
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#202 James Miller

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Posted 20 March 2015 - 07:49 AM

My guess is that his tenure at the NFL will be under two years.  His "act" is going to wear really thin with the sports media and the fans of the game ESPECIALLY if he is placed in a more public position.



#203 VINCENT A CEFALU

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Posted 19 March 2015 - 03:26 PM

http://www.examiner....ing-atf-for-nfl


Good. Its not like he EVER intended to stay. Hard to have continuity when a guy stays two yrs. Pray for the NFL. The good news for the NFL is they got the king of coverup.
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#204 VINCENT A CEFALU

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Posted 13 March 2015 - 08:43 PM

Words starting to swirl that the B Todd is haul in ass soon. We told you his lack of investment in ATF would be apparent. Came in to tank the agency and leaves when Holder cant protect him anymore. Can anyone name ONE significant policy with long term goals that this regime has contributed???? He came in, threatened the agents and padded his resume'. Hopefully the Special Master in the Dobyns case gets his hooks in him before he leaves.
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#205 Jaime3

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Posted 13 March 2015 - 06:41 PM

I'm wondering if the public can access these Attorney's names by filing a Freedom of Information Act form request?

The litigants needs to know these Attorneys, in an effort to evaluate any complaints verbal/written against these corrupt Attorneys.

Will these Attorneys be reported to the legal Bar?

Exposing these Attorneys and their conduct will help shed light on abuses against past and present litigants.

#206 abteilung

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Posted 13 March 2015 - 08:28 AM

Everyone who has a complaint pending with ATF or litigation in EEOC or Federal Court needs to be aware of who these lawyers are in the event these lawyers start filing memoranda or motions in whichever forum applies to each of us.  If these lawyers are currently being investigated, then all their work product from this point on needs to be challenged as potentially false and misleading.



#207 Retired Agent Jay Dobyns

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Posted 12 March 2015 - 11:11 PM

Status on my case for those interested.  http://blog.jaydobynsgroup.com/?p=808

 

THE SEVEN

 

The United States Court of Federal Claims has appointed Judge John Facciola (ret.) to serve as the Special Master to conduct the continuing investigation of fraud by government attorneys and executives during their defense against my lawsuit.

 

I am both pleased and excited by the appointment. Judge Facciola has an impeccable track record and I will place my faith and trust in him, just as I did Judge Allegra, to ferret out the truth. It is there somewhere. Like a gold nugget buried deep in mountain, I just have to go mine for it.

 

In many ways, a Special Master is the civil courts’ version of a Special Prosecutor, only more powerful and influential on the process and the outcome.

 

Judge Facciola will oversee and participate in this investigative process. He has been appointed to assist our trial judge, Judge Francis Allegra, so as to free Judge Allegra to continue to dedicate his attention to his judicial duties, such as conducting trials. When this post-trial proceeding is completed, Special Master Facciola will deliver his findings and recommendations to trial Judge Allegra.

 

A deadline for the process has been set for May 30, 2015. That date may be extended upon request by Judge Facciola and approval by Judge Allegra if deemed necessary.

 

Judge Allegra will then consider the results of Judge Facciola’s findings and recommendations and determine if the conduct revealed by this investigation had an impact on Judge Allegra’s final trial court opinion in my case. If yes, then Judge Allegra has the authority to issue a new, or at least supplemented trial opinion and judgment. I’m not sure exactly how that will work. This truly is groundbreaking in many ways.

 

Judge Facciola has determined that the details of his investigation will remain sealed during this process. Once the findings and recommendations are delivered to Judge Allegra, then Judge Allegra will determine if any documents that were protected during this special proceeding will be unsealed. I will not be able to publish any investigative details or results until a ruling to unseal has been issued.

 

The starting point for the investigation is this: in certain unsealed opinions, orders and memoranda filed by the parties, seven Department of Justice attorneys have been barred from submitting further filings with the court by Judge Allegra for alleged fraud on the court. To my knowledge, this is unprecedented.  I am also alleging certain ATF executives participated in the conspiracy.  Only time and further investigation will tell.

 

I am quite sure they are oiling the shredders and sledge hammering hard drives at ATF and DOJ right now.

 

Federal judges are dispassionate and carefully calibrated in what they write in their orders and opinions, because what they order has the force of law for the affected parties. They are not quick to accuse without a strong belief. Investigators and attorneys are also subjected to case law (Giglio and Henthorn cases) that require the disclosure of personnel records as related to honesty. If the outcome of this proceeding is to find fraud by DOJ attorneys, I do not know how

 

DOJ ever again sends those particular lawyers into a courtroom to represent the United States.  They simply cannot.  But, they use lots of paperclips and staples at DOJ and someone has to count them.

 

We will investigate whether other attorneys beyond the seven should also ultimately be included.  In cooperation with the Court we will eventually determine who did what and who thought they could keep it secret.

 

I say they committed fraud and crimes, DOJ defends that they didn’t. That is why we have impartial courts.

 

Call it justice, karma, bad pizza – whatever you want. One thing is for sure, the accountability for their conduct will be a dish best served cold.

 



#208 abteilung

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Posted 09 March 2015 - 01:23 PM

Sadly, you are way too correct.  How dare DOJ pass judgment on another agency when it has its own dirty laundry?

 

I know of at least two retired agents who are meeting with their respective House representatives to advise them to dismantle ATF.  Vince and Jay would probably disagree with that, but I think the time has come in which ATF is far worse of a screw-up than INS ever was, and look what happened to INS.



#209 Jaime3

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Posted 08 March 2015 - 01:48 PM

It's time for Congress to compare the report DOJ drafted on Ferguson, Missouri police dept. and compare it to what's going on inside ATF, with the help of the DOJ. The great hypocrisy of it all.

Regardless of race, systemic corruption is systemic corruption

#210 retired1811

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Posted 08 March 2015 - 08:42 AM

The headline "Republican proposes abolishing ATF amid bullet ban controversy" is meaningless unless the word Republican is replaced with NRA.

#211 Retired Agent Jay Dobyns

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Posted 06 March 2015 - 09:35 PM

http://thehill.com/b...uld-abolish-atf

 

Republican proposes abolishing the ATF amid bullet ban controversy

 

Way to go Jones and Company.  You're legacy will be that instead of saving and rehabilitating a troubled agency you ended up tanking it.  Taking bets that Jones leaves ATF in the next couple months and leaves everyone else holding the bag.



#212 VINCENT A CEFALU

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Posted 05 March 2015 - 12:29 PM

Unbelievaable. The Agency continues the narrative that disgruntled disloyal employees are the "Gorillas". Detached? Incompetetant? Who knows.

 

What we do KNOW is this......

Said employees are the best in the land. They have chosen to live up to the oaths they took, UNLIKE ATF Executive leadership. "Against ALL enemies foreign and domestic". These brave Agents arent the ones who do irreparable damage to the Agency, YOU ARE. Simply put, yet NOT all inclusive;

 

Truscott, Domenech, Bouchard, Gordon, Newell, Gillette, Higman, Bacon, Bouman, Loos, Melson, Hoover, Chait, Carter, Hoover, Torres and Torres, Martin, Gleysteen, Jones, Brandon, Turk and on and on. Have any ONE of these people retired or continue to serve without an abusive and draconian cloud over their head with reprisal and incompetence being the common theme?

The below training being offered to GS 14 and 15 bosses pretty much says it all. Doing the same thing over and over but expecting different results.......................... YOU created the Gorillas.

 

 

Guerrilla Government" is a term coined by Dr. Rosemary O"Leary in her 2006 book, The Ethics of Dissent:  Managing Guerilla.  The term describes dissatisfied career civil servants who actively, yet covertly, work against the wishes of the organizations, programs, and people they serve...they have caused irreparable harm...they produce varying degrees of distress for their supervisors, colleagues, and organizations.

 

Are you kidding me?  Guerilla warfare was a term coined in Viet Nam for the Viet Cong known for their quick hit and run attacks against the superior US forces.  However, the US forces were run by Washington bureaucrats who did not understand what the dynamics were in Viet Nam as the US ground force commanders saw them.  I apologize for giving this rudimentary lesson in history but there are people in current leadership positions who never learned the lessons or forgot the lessons of Viet Nam resulting in multiple disasters.  As a result, our professional personnel who have the courage to blow the whistle on all of the debacles that have soiled the organization's reputation are being blamed for causing "varying degrees of distress for their supervisors, colleagues, and organizations."   Accountability for truly significant violations in ATF do not occur.  The distress that the "guerrillas" and their families experience are ignored just as serious violations are ignored like the F and F, the SAC in a major city who was involved in an inappropriate relationship with his secretary, the Dobyns case, the Cefalu case, the SAC in another city who has multiple issues, the glory hole incident, and other major violations.  Accountability and professional conduct go a long way.  The Secret Services has fired multiple bosses and the VA has followed suit.  When will ATF hold the double dipping boss accountable?


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#213 VINCENT A CEFALU

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Posted 25 February 2015 - 07:51 AM

http://www.azcentral...nment/23918485/

quote name="VINCENT A CEFALU" post="6647" timestamp="1424873618"]
Having read the order, the Special Master has Carte Blanche to investigate the allegations that DOJ/ATF defrauded the court. Im gonna bet if he tries to interview or depose any of the DOJ/ATF parties, we will see them immediately invoke the 5th. Although that is their right, its very telling since neither I or Jay EVER invoked the 5th during the 8 years of abuse they heaped on us. Very telling and shameful if this in fact happens.DOJ attys, nor Federal Agents should be allowed to take the 5th related to their official duties. The best part is that the Special Masters report will not be sealed. Prayers for my friend Jay and his counsel.[/quote]
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#214 VINCENT A CEFALU

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Posted 25 February 2015 - 07:13 AM

Having read the order, the Special Master has Carte Blanche to investigate the allegations that DOJ/ATF defrauded the court. Im gonna bet if he tries to interview or depose any of the DOJ/ATF parties, we will see them immediately invoke the 5th. Although that is their right, its very telling since neither I or Jay EVER invoked the 5th during the 8 years of abuse they heaped on us. Very telling and shameful if this in fact happens.DOJ attys, nor Federal Agents should be allowed to take the 5th related to their official duties. The best part is that the Special Masters report will not be sealed. Prayers for my friend Jay and his counsel.
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#215 Retired Agent Jay Dobyns

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Posted 24 February 2015 - 01:18 PM

Here's the Judge's Orders for the Special Master and his instructions:

 

Attached File  https___ecf cofc uscourts gov_cgi-bin_show_temp pl_file1797036-0--26619.pdf   112.56KB   10 downloads

Attached File  Order describing duties of special master.pdf   60.28KB   9 downloads



#216 VINCENT A CEFALU

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Posted 24 February 2015 - 09:56 AM


http://blog.jaydobynsgroup.com/?p=794
DOJ’s Created for Themselves a Hot Mess


On February 23, 2014, the Chief Judge presiding over the United States Court of Federal Claims, the Honorable Patricia Campbell-Smith, issued an Order naming retired Judge John Michael Facciola to serve her court as a Special Master and investigate my allegations of fraud committed by government attorneys during Dobyns v. USA.

Attached here: https___ecf cofc uscourts gov_cgi-bin_show_temp pl_file1797036-0–26619

With her Order, Judge Campbell-Smith ensured that this is no longer some type of legal sideshow. It is now confirmed as real, significant and important to all American’s. It should have been clear with Judge Allegra’s October 24, 2014 Order, having never before seen the dismissal of seven DOJ attorneys for a collective fraud on the court. Never! As in ever! As in groundbreaking! Check your history books. First time!

Now a Special Master has been appointed to investigate those attorneys.

For us laymen and non-lawyers, my understanding is that a Special Master is the civil courts version of a Special Prosecutor serving to, “…address pretrial and post-trial matters that cannot be effectively and timely addressed by the assigned judge.”


Judge Campbell-Smith describes Judge Facciola in his Special Master assignment as, “…well-versed in the law and fit to perform the duties incumbent on one standing in the place of the court.”

Attached here are some links I found to stories on Judge Facciola’s prior work and rulings. As you will see, he is not someone to be trifled with ruling behind the law and the law only, uninfluenced by politics, pressures or conventional mindsets.

  • Low-level federal judges balking at law enforcement requests for electronic evidence
http://www.washingto...052c_story.html
On the same day, the trial Judge over my case, the Honorable Francis Allegra, issued a subsequent and related order that details his guidelines and instructions for Judge Facciola in conducting the inquiry on his behalf.

Attached here: Order describing duties of special master

Judge Allegra notes that in filings he ordered, both DOJ and I did agree that a Special Master was appropriate to investigate the allegations.
Where we disagreed is that DOJ argued to strictly limit the scope of what and how the Special Master should conduct his business. DOJ didn’t want the Special Master to have much room or authority – of course doing what DOJ does – trying to handcuff the Special Master away from the facts, evidence and truth to protect their people.

I, on the other hand, argued that the Special Master should be given full reign to use all of his legal resources to undercover facts and find the truth, a.k.a. JUSTICE.

In paragraph 21 of Judge Allegra’s Order he states, “The special master [Facciola] will make findings assisting the assigned judge [Allegra] in determining whether defendant’s attorneys, in the conduct of this case, effectuated a fraud upon the court under RCFC 60(d)(3). As may be necessary, the special master may also consider whether there are other grounds for relief from a final judgment in this case under RCFC 60, including the existence of fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party under RCFC 60( B)(3).”

And in paragraph 22 of his Order Judge Allegra authorizes the Special Master to, “address post-trial matters in this case, preside over evidentiary proceedings relating to this case, and make findings of fact”; and to, “gather evidence to include: documents of all forms (including all forms of electronically store information (ESI)); audio recordings; the taking of oral or video depositions, to include the depositions of any attorney, other government officer or other individuals subject to this order; and the taking of oral testimony.”

I am very pleased with paragraph 24, “Proceedings in this matter shall not be sealed, except as provided by RCFC 5.2 and Appendix E.”

So,

What that all means is that Special Master Facciola can use his discretion and diligence to chase facts and evidence as he sees fit. He can take sworn depositions (and “compel”, or order if neccessary) of those with knowledge of, or involvement in the frauds and issue sanctions upon those who refuse to cooperate.

So,

These Judges are not playing around. They take unethical conduct in their courtrooms as dead serious.

If ATF and DOJ did nothing wrong (big “If”), there should be nothing for them to hide from, dodge or cover-up. Right?

“If” they acted properly then they should actually be anxious and excited for a full and transparent investigation and opportunity to clear their names and reputations. They should be begging to testify and under oath tell the world that they did not act criminally. They should be ready, willing and able to prove that. Right? After all, DOJ is claiming my allegations are baseless. They should be fully cooperating and giving the Special Master everything he requests with no push-back.

In his first official act as President, Obama stated that he intended to make his administration the very most transparent in American history. Now is a good time to start.

– For the record:

I made allegations of corruption in 2005 and 2006 that ATF dismissed as baseless. They were proven true and ATF settled out of court.

From 2007 to 2013 I made allegations of corruption that ATF and DOJ dismissed as baseless and then attempted to defend. They were proven true at trial.

I have now made allegations of Fraud committed on the court by ATF and DOJ attorneys; Obstruction of Justice, the Encouragement, Protection and Harboring of Perjury, Knowing and Intentional Misrepresentations of Facts and Evidence, and, Tampering, Threats and Intimidation of my witnesses. ATF and DOJ have deemed these baseless. Go figure.

Both myself and ATF/DOJ have established a pattern and practice of for our individual conduct and honesty here. Me, in reporting criminal conduct and ATF/DOJ in denying and defending it.

Who do you want to bet is telling the truth? Who has the proven track record? Who has the motivation to lie, embellish, mischaracterize and fabricate excuses?

Remember, this was done last August. I was content. ATF and DOJ chose to continue the fight, not me.

If (or more accurately, when) my allegations are proven they could lead to prosecutions, convictions and potentially, incarcerations. They are career enders. Disbarments. Felonies. This is not what I wanted but again, they picked the fight. I’m ending it. The rules of the street apply here.

Attorney General candidate Loretta Lynch has already been questioned by the Senate on these matters. She vowed to run DOJ correctly. I believe her.

Obama’s and DOJ’s nominee for a federal judgeship, Jeanne Davidson – a ringleader of the frauds and documented defender of those who enacted them – has already had her confirmation vote held from the floor of the Senate until she answer questions on her involvement. Let’s see what she says.

How much embarrassment and battle damage is DOJ and ATF going to subject themselves to in order to defend as false what they know to be true? How many people are they going to sacrifice? Over me? Are you serious?

If I’ve said it once I’ve said it a thousand times, I am not going away. This is going to get much worse before it gets better and I will expose the corruption I’ve faced or die trying. I’ve been taking my vitamins and doing burpees to get ready.

When will they learn that I don’t bluff?

There is only one way to minimize the damage to ATF and DOJ and begin the process of repair, healing and a restoration of trust.

I am calling for the resignations of ATF Director B. Todd Jones and ATF Deputy Director Thomas Brandon. They have known the truth all along, had it internally proven to them, day one, ground floor, held it in their hands, and have sat silently by as gutless lawmen (the term “lawmen” used loosely here) watching corruption fester under them. They protected the guilty. If you carry a badge and a gun you can’t be afraid to do what is right, you just can’t.

I am calling for the resignation of the government attorneys who perpetrated the frauds, those attorneys and executives who ordered them, and for those who were aware the frauds as officers of the court and/or law enforcement executives, did nothing to prevent them from happening or report them after they knew what occurred.

What I expect over the next couple of months is nothing of the sort to take place. I predict DOJ and ATF will lie, cheat, steal and cover-up, protect and defend their criminal conduct using every single legal and illegal tactic imaginable to hinder the truth from being exposed.
I am placing my bet on Judges Campbell-Smith, Facciola and Allegra to figure it all out.

Attached here is some early reporting on the developments by Paul Giblin at the Arizona Republic newspaper: Judge’s aide in ATF inquest challenged government before
http://www.azcentral...nment/23918485/


We can only hope the Special Master investigation will delve into what our Executive leadership knew and what they failed to act upon. They AND the US Attorneys office ignored KNOWN perjury. Can you say misprison of a felony? Possibly conspiracy. If I were Bacon, Bouman, Kifner, Harrington, and a whole host of ATF bosses, I might be looking for my own attorney.
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#217 Retired Agent Jay Dobyns

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Posted 24 February 2015 - 04:21 AM

http://blog.jaydobynsgroup.com/?p=794

 

DOJ’s Created for Themselves a Hot Mess
 

On February 23, 2014, the Chief Judge presiding over the United States Court of Federal Claims, the Honorable Patricia Campbell-Smith, issued an Order naming retired Judge John Michael Facciola to serve her court as a Special Master and investigate my allegations of fraud committed by government attorneys during Dobyns v. USA.

 

Attached here: https___ecf cofc uscourts gov_cgi-bin_show_temp pl_file1797036-0–26619

 

With her Order, Judge Campbell-Smith ensured that this is no longer some type of legal sideshow. It is now confirmed as real, significant and important to all American’s. It should have been clear with Judge Allegra’s October 24, 2014 Order, having never before seen the dismissal of seven DOJ attorneys for a collective fraud on the court. Never! As in ever! As in groundbreaking! Check your history books. First time!

 

Now a Special Master has been appointed to investigate those attorneys.

 

For us laymen and non-lawyers, my understanding is that a Special Master is the civil courts version of a Special Prosecutor serving to, “…address pretrial and post-trial matters that cannot be effectively and timely addressed by the assigned judge.”

 

 

Judge Campbell-Smith describes Judge Facciola in his Special Master assignment as, “…well-versed in the law and fit to perform the duties incumbent on one standing in the place of the court.”

 

Attached here are some links I found to stories on Judge Facciola’s prior work and rulings. As you will see, he is not someone to be trifled with ruling behind the law and the law only, uninfluenced by politics, pressures or conventional mindsets.

  • Low-level federal judges balking at law enforcement requests for electronic evidence

http://www.washingto...052c_story.html

 

On the same day, the trial Judge over my case, the Honorable Francis Allegra, issued a subsequent and related order that details his guidelines and instructions for Judge Facciola in conducting the inquiry on his behalf.

 

Attached here: Order describing duties of special master

 

Judge Allegra notes that in filings he ordered, both DOJ and I did agree that a Special Master was appropriate to investigate the allegations.

Where we disagreed is that DOJ argued to strictly limit the scope of what and how the Special Master should conduct his business. DOJ didn’t want the Special Master to have much room or authority – of course doing what DOJ does – trying to handcuff the Special Master away from the facts, evidence and truth to protect their people.

 

I, on the other hand, argued that the Special Master should be given full reign to use all of his legal resources to undercover facts and find the truth, a.k.a. JUSTICE.

 

In paragraph 21 of Judge Allegra’s Order he states, “The special master [Facciola] will make findings assisting the assigned judge [Allegra] in determining whether defendant’s attorneys, in the conduct of this case, effectuated a fraud upon the court under RCFC 60(d)(3). As may be necessary, the special master may also consider whether there are other grounds for relief from a final judgment in this case under RCFC 60, including the existence of fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party under RCFC 60( B)(3).”

 

And in paragraph 22 of his Order Judge Allegra authorizes the Special Master to, “address post-trial matters in this case, preside over evidentiary proceedings relating to this case, and make findings of fact”; and to, “gather evidence to include: documents of all forms (including all forms of electronically store information (ESI)); audio recordings; the taking of oral or video depositions, to include the depositions of any attorney, other government officer or other individuals subject to this order; and the taking of oral testimony.”

 

I am very pleased with paragraph 24, “Proceedings in this matter shall not be sealed, except as provided by RCFC 5.2 and Appendix E.”

 

So,

 

What that all means is that Special Master Facciola can use his discretion and diligence to chase facts and evidence as he sees fit. He can take sworn depositions (and “compel”, or order if neccessary) of those with knowledge of, or involvement in the frauds and issue sanctions upon those who refuse to cooperate.

 

So,

 

These Judges are not playing around.  They take unethical conduct in their courtrooms as dead serious.

 

If ATF and DOJ did nothing wrong (big “If”), there should be nothing for them to hide from, dodge or cover-up. Right?

 

“If” they acted properly then they should actually be anxious and excited for a full and transparent investigation and opportunity to clear their names and reputations. They should be begging to testify and under oath tell the world that they did not act criminally. They should be ready, willing and able to prove that. Right?  After all, DOJ is claiming my allegations are baseless.  They should be fully cooperating and giving the Special Master everything he requests with no push-back.

 

In his first official act as President, Obama stated that he intended to make his administration the very most transparent in American history.  Now is a good time to start.

 

– For the record:

 

I made allegations of corruption in 2005 and 2006 that ATF dismissed as baseless. They were proven true and ATF settled out of court.

 

From 2007 to 2013 I made allegations of corruption that ATF and DOJ dismissed as baseless and then attempted to defend. They were proven true at trial.

 

I have now made allegations of Fraud committed on the court by ATF and DOJ attorneys; Obstruction of Justice, the Encouragement, Protection and Harboring of Perjury, Knowing and Intentional Misrepresentations of Facts and Evidence, and, Tampering, Threats and Intimidation of my witnesses. ATF and DOJ have deemed these baseless.  Go figure.

 

Both myself and ATF/DOJ have established a pattern and practice of for our individual conduct and honesty here. Me, in reporting criminal conduct and ATF/DOJ in denying and defending it.

 

Who do you want to bet is telling the truth? Who has the proven track record? Who has the motivation to lie, embellish, mischaracterize and fabricate excuses?

 

Remember, this was done last August. I was content. ATF and DOJ chose to continue the fight, not me.

 

If (or more accurately, when) my allegations are proven they could lead to prosecutions, convictions and potentially, incarcerations. They are career enders. Disbarments. Felonies.  This is not what I wanted but again, they picked the fight.  I’m ending it.  The rules of the street apply here.

 

Attorney General candidate Loretta Lynch has already been questioned by the Senate on these matters. She vowed to run DOJ correctly. I believe her.

 

Obama’s and DOJ’s nominee for a federal judgeship, Jeanne Davidson – a ringleader of the frauds and documented defender of those who enacted them – has already had her confirmation vote held from the floor of the Senate until she answer questions on her involvement. Let’s see what she says.

 

How much embarrassment and battle damage is DOJ and ATF going to subject themselves to in order to defend as false what they know to be true?  How many people are they going to sacrifice?   Over me?  Are you serious?

 

If I’ve said it once I’ve said it a thousand times, I am not going away.  This is going to get much worse before it gets better and I will expose the corruption I’ve faced or die trying. I’ve been taking my vitamins and doing burpees to get ready.

 

When will they learn that I don’t bluff?

 

There is only one way to minimize the damage to ATF and DOJ and begin the process of repair, healing and a restoration of trust.

 

I am calling for the resignations of ATF Director B. Todd Jones and ATF Deputy Director Thomas Brandon. They have known the truth all along, had it internally proven to them, day one, ground floor, held it in their hands, and have sat silently by as gutless lawmen (the term “lawmen” used loosely here) watching corruption fester under them.  They protected the guilty.  If you carry a badge and a gun you can’t be afraid to do what is right, you just can’t.

 

I am calling for the resignation of the government attorneys who perpetrated the frauds, those attorneys and executives who ordered them, and for those who were aware the frauds as officers of the court and/or law enforcement executives, did nothing to prevent them from happening or report them after they knew what occurred.

 

What I expect over the next couple of months is nothing of the sort to take place. I predict DOJ and ATF will lie, cheat, steal and cover-up, protect and defend their criminal conduct using every single legal and illegal tactic imaginable to hinder the truth from being exposed.

I am placing my bet on Judges Campbell-Smith, Facciola and Allegra to figure it all out.

 

Attached here is some early reporting on the developments by Paul Giblin at the Arizona Republic newspaper:

Judge’s aide in ATF inquest challenged government before

http://www.azcentral...nment/23918485/

 



#218 James Miller

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Posted 23 February 2015 - 11:02 AM

Sad but true really,

 

I spent my last few years at ATF fighting my supervisor whose duplicitous nature and outright fraud was laid bare for all to see.  Yet when I went to my co-workers and even her supervisor they could not have been any less helpful and some actually would report my activities to her.  I wonder how they like their situation now, back then they could tele-work and have alternate schedules but that has all been squashed by my previous supervisor who has now been promoted to branch chief.  I hope they love it for they are lying in a bed of their own making.



#219 Jaime3

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Posted 18 February 2015 - 07:37 AM

But they will hang themselves.
Is it true they were caught cheating again?

You're so right, Jaime. I've mentioned before on CleanUp that my co-workers were either too scared or too self-centered to stand up and help me when I needed it. It was cowardly or shameful that when they answered interrogatories, too many answers were "I don't know," "I don't recall," and so on. I realized then that these are not people who are going to back me up in a life-or-death situation. Agents who won't stand up to the abuse by Management are not worthy of their positions of trust and authority.



#220 abteilung

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Posted 16 February 2015 - 12:28 PM

You're so right, Jaime.  I've mentioned before on CleanUp that my co-workers were either too scared or too self-centered to stand up and help me when I needed it.  It was cowardly or shameful that when they answered interrogatories, too many answers were "I don't know," "I don't recall," and so on.  I realized then that these are not people who are going to back me up in a life-or-death situation.  Agents who won't stand up to the abuse by Management are not worthy of their positions of trust and authority.



#221 Jaime3

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Posted 16 February 2015 - 11:56 AM

These retaliation situations have gotten out of hand because people see it happening and remain silent.

If people speak out and stand together against egregious behavior, they can win. This agency can win.

The powers to be operate on FEAR and FEAR keeps folks silent. This needs to change!

#222 Retired Agent Jay Dobyns

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Posted 14 February 2015 - 09:35 AM

Here's the problem on ATF's side: Jones, Brandon, Turk - they all knew and know the truth but won't respect or defend it.  They could have and should have done the right thing but flat out chose not to.  How many careers will be tanked because they can't and won't lead?  Not my problem anymore.

 

http://m.townhall.co...f-case-n1956505

 

Grassley Presses Attorney General Nominee About DOJ "Defrauding the Court" in Dobyns ATF Case

Feb. 12, 2015

 

Late last week Senate Judiciary Committee Chairman Chuck Grassley sent a letter to Attorney General nominee Loretta Lynch about revelations Department of Justice attorneys "defrauded" the court and intimidated witnesses in the case of ATF whistleblower Jay Dobyns against the government.

 

"A Federal judge wrote that DOJ attorneys attempted to perpetrate a 'fraud upon the court' in a case involving Bureau of Alcohol, Tobacco, and Firearms Agent Jay Dobyns. U.S. District Court Judge Francis Allegra also took the unusual steps of submitting these findings to Attorney General Holder. If confirmed will you personally review Judge Allegras submission to ensure that appropriate disciplinary action in taken in this case, and will you pledge to provide updates to this committee about the status?" Grassley asked Lynch. 

 

Lynch quickly responded to the question and has promised to look into the matter. 

 

"As the United States Attorney for the Eastern District of New York I am not familiar with the details of this matter, so I am not in a position to know what personnel actions have taken place to date or whether they were appropriate," Lynch said. "If I am confirmed as Attorney General, I will commit to ensuring that the Department holds accountable any employees who are found to have committed misconduct."

 

Meanwhile, the defrauding charges are so severe, Judge Allegra has ordered a Special Master to be appointed to the Dobyns case. In October 2014, Allegra voided his previous August 2014 ruling in the case after new evidence of intimidation and alleged fraud was discovered. Further, Grassley is scrutinizing the judicial nomination of Federal Circuit Bar Association President Jeanne Davidson for on her involvement.



#223 VINCENT A CEFALU

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Posted 12 February 2015 - 10:32 AM

http://m.townhall.co...f-case-n1956505

Mr. JONES and his executive staff have failed the field on this matter. Even the new hires are talking about their failed leadership. Hopefully they will reap what they have sowed. INDICTMENTS?
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#224 VINCENT A CEFALU

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Posted 11 February 2015 - 09:56 PM

If Sen. Grassley accepts that NON answer hes crazy.

On February 9, 2015 U.S. Attorney General candidate Loretta Lynch provided a written response to a question proposed by Senator Charles Grassley re: Dobyns v. USA.

Lynch.jpg


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#225 abteilung

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Posted 11 February 2015 - 11:31 AM

Assuming Ms. Lynch does get confirmed and assumes the position of AG [and I'm sure this will happen, as Republicans generally roll over and confirm most nominations made by Democrat Presidents], I will be sure to contact her on Day One about the lawyer misconduct I've allegedly encountered in my travails with ATF.

 

 



#226 Retired Agent Jay Dobyns

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Posted 11 February 2015 - 12:29 AM

On February 9, 2015 U.S. Attorney General candidate Loretta Lynch provided a written response to a question proposed by Senator Charles Grassley re: Dobyns v. USA.

 

Attached File  Lynch.jpg   144.49KB   19 downloads

 

 

 



#227 abteilung

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Posted 07 February 2015 - 01:24 PM

I've said it before, if a private employer, or even a local government, ever did to its employees what ATF, DOJ and practically the entire US Government do to many federal workers who file complaints under EEO or as whistleblowers, that other employer would have the entire might of the federal justice system fall on them.

If Exxon or WalMart regularly ignored discrimination laws and violated the NO FEAR act, EEOC and Main Justice would have Exxon under investigation, indicted, and pled out within a year.  But when the same sh!t happens to most of us, it gets swept under the rug.  Or it gets dismissed as "ignorance of the law," "unwarranted" "without basis," etc.....



#228 GoodWorker

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Posted 07 February 2015 - 06:33 AM

 

DOJ keeps digging their hole deeper and deeper.  Jones and Brandon, I hold you accountable for all of this.  You could have come in and done the right thing.  You could have fixed this.  I begged you to.  No balls.

 

http://www.examiner....ved-dobyns-case

 

Grassley puts hold on judicial nominee involved in Dobyns case
  • dc06925d544fb6d9a2eb02e98d89139a.jpg?ito
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Sen. Chuck Grassley wants to explore unsealed allegations of fraud on the court in Dobyns case before allowing DOJ attorney nomination for judgeship to proceed
 



Senate Judiciary Committee Chairman Chuck Grassley held up the nomination of a Department of Justice attorney for a federal judgeship, citing recently unsealed documents in the case of retired agent Jay Dobyns against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Commenting in a statement on Thursday’s executive business meeting, Grassley allowed two candidates for administration appointments to be “voice voted,” but held up the nomination of Jeanne Davidson for Judge of the United States Court of International Trade.

 

“[B]efore we vote on the Davidson nomination, I wanted to note that recently unsealed court documents in the case of Dobyns v. United States have prompted some questions that need to be answered,” Grassley commented. “I want to follow up with her regarding the extent of her involvement in the case. So we’ll report her out today, but I’ll be sending her some additional questions that will need to be answered before her nomination is considered on the floor.”

Sen. Grassley is referring to an opinion by Judge Francis M. Allegra in which he alleged “fraud on the court” committed by ATF and Department of Justice attorneys for matters related to witness intimidation and withholding of information. In a remarkably unusual move, Judge Allegra dismissed seven of those attorneys from the litigation.

 

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

 

This development in the Dobyns case recalls the way Operation Fast and Furious “gunwalking” evolved as a story and then as a congressional investigation. Initial reports were confined to a niche readership and major media ignored the story, which is paralleled in this case with the exception of a Fox News report. As in Fast and Furious, Congress also needed to be pressured into noticing and then acting on the information. With Grassley’s statement and expectation for further details from the nominee, the chances for more widespread reporting have increased.

 

Jay, Thank you for keeping everyone updated on events such as this.  The old saying, "screw up-move up" appears to be appropriate in this case. Ms Davidson's letter to Mr. Reed is about as ridiculous as Former AG Alberto Gonzalez stating he did not know that eight of his SESs (US Attorneys) had been terminated for not going along with prosecutions that the Bush Adminstration wanted.  I hope some private attorneys start to look at some of their old cases and file some appeals on behalf of some of their clients because of the alleged misconduct of government attorneys and supervisory agents.  As many people have previously stated, If the Department is going to lie, withhold, and conspire against it's own employees, image what they have done against some citizens.   I know that there are a lot of government employees trying to do the right thing but many have bowed to pressure from above and the last thing we need is to have the bench soiled.



#229 Retired Agent Jay Dobyns

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Posted 06 February 2015 - 02:56 PM

DOJ keeps digging their hole deeper and deeper.  Jones and Brandon, I hold you accountable for all of this.  You could have come in and done the right thing.  You could have fixed this.  I begged you to.  No balls.

 

http://www.examiner....ved-dobyns-case

 


Grassley puts hold on judicial nominee involved in Dobyns case
  • dc06925d544fb6d9a2eb02e98d89139a.jpg?ito

Sen. Chuck Grassley wants to explore unsealed allegations of fraud on the court in Dobyns case before allowing DOJ attorney nomination for judgeship to proceed
 



Senate Judiciary Committee Chairman Chuck Grassley held up the nomination of a Department of Justice attorney for a federal judgeship, citing recently unsealed documents in the case of retired agent Jay Dobyns against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Commenting in a statement on Thursday’s executive business meeting, Grassley allowed two candidates for administration appointments to be “voice voted,” but held up the nomination of Jeanne Davidson for Judge of the United States Court of International Trade.

 

“[B]efore we vote on the Davidson nomination, I wanted to note that recently unsealed court documents in the case of Dobyns v. United States have prompted some questions that need to be answered,” Grassley commented. “I want to follow up with her regarding the extent of her involvement in the case. So we’ll report her out today, but I’ll be sending her some additional questions that will need to be answered before her nomination is considered on the floor.”

Sen. Grassley is referring to an opinion by Judge Francis M. Allegra in which he alleged “fraud on the court” committed by ATF and Department of Justice attorneys for matters related to witness intimidation and withholding of information. In a remarkably unusual move, Judge Allegra dismissed seven of those attorneys from the litigation.

 

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

 

This development in the Dobyns case recalls the way Operation Fast and Furious “gunwalking” evolved as a story and then as a congressional investigation. Initial reports were confined to a niche readership and major media ignored the story, which is paralleled in this case with the exception of a Fox News report. As in Fast and Furious, Congress also needed to be pressured into noticing and then acting on the information. With Grassley’s statement and expectation for further details from the nominee, the chances for more widespread reporting have increased.

 



#230 Retired Agent Jay Dobyns

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Posted 06 February 2015 - 01:15 PM

More.  http://blog.jaydobynsgroup.com/?p=780



#231 Retired Agent Jay Dobyns

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Posted 06 February 2015 - 12:14 PM

Thank you Senator Grassley for digging deeper.  He is a good and honorable man doing the job he has been repeatedly elected to.

 

Here is yesterday's Statement from Senator Grassley regarding the Judgeship vetting of Jeanne Davidson.  Ms. Davidson was a ringleader and supervisor of the DOJ attorneys fighting my case and who have now been alleged to have committed fraud before the Court.

 

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

 

Attached File  02-05-15 Grassley Statement.pdf   94.85KB   9 downloads

 

The key language (bottom of page 2):

 

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

My attorney contacted Ms. Davidson directly five months before trial began with allegations of fraudulent conduct by the DOJ attorneys Ms. Davidson was supervising.  She fluffed off the allegations as "unfounded", "without merit", and that, "no inappropriate conduct has occurred"We all now know that not be true, the exact opposite in fact.  She took personal ownership in vouching for her attorneys and their credibility and further discussing their conduct with DOJ "officials".

 

Ms. Davidson was either - asleep at the wheel - covering up the actions of her subordinates - protecting fraud, or - all of the above.  She needs to explain the who, what, when, where, why and how she arrived at such a powerful and condescending response to real allegations of attorney misconduct.

 

Keep in mind that DOJ's internal affairs has advised the Judge they will not investigate the allegations (following in Davidson's footsteps).  Hmmmm? 

Can you say "Special Prosecutor"?

 

Attached File  13-0208 Jeanne Davidson - Re Dobyns (3).pdf   59.18KB   7 downloads

 

Dear Mr. Reed,

 

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

 

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

 

 

 

 

 



#232 Retired Agent Jay Dobyns

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Posted 04 February 2015 - 10:10 AM

This video has nothing to do, and everything to do with what is going on in my case.

 

I was asked to narrate a video for Arizona Football that defines their term OKG - Our Kind of Guy.  It talks about toughness and resiliency.  Thirty years after I played, the University of Arizona still recognizes me as the epitome of that definition and asked me to explain it.

 

Its as if the script writer wrote this piece like I was talking to DOJ and ATF leadership.

 

Holder, Jones and Brandon should have been more careful on who they pick their fights with.  They flat out don't have what it takes to beat me.  I'm not the toughest guy out there but I sure-as-shit can whip the shit out those pussies every day of the week and twice on Sundays.

 



#233 VINCENT A CEFALU

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Posted 02 February 2015 - 11:35 AM

http://www.ticklethe...ent-jay-dobyns/ Anyone who has spent ANY time in the Gov. KNOWS that these attorneys DID NOT take these corrupt actions without Briefing DD Brandon and Director Jones and getting their blessings. Therefore, I dont think some anything less that TERMINATION AND/OR PROSECUTION will end the internal conduct.
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#234 Retired Agent Jay Dobyns

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Posted 01 February 2015 - 01:23 PM

One last political rant before I get into Super Bowl XLIL game mode. For Eric and B.Todd.  No days off.  I start swinging hard again tomorrow.  This fight don't end until one side or the other is dead and gone (figuratively, not literally, don't get getting your panties all in a wad and try to turn that into a threat, its not, the only thing dying is your assault on me).  The Vegas Sportsbook is putting the odds in my favor.

Attached File  1422234647763.jpg   35.91KB   3 downloads



#235 GoodWorker

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Posted 31 January 2015 - 07:28 PM

 

If you are so inclined, please re-post, re-tweet and/or contact our representatives at the bottom of the blog.

 

http://blog.jaydobynsgroup.com/?p=758

 

21 Questions

attachicon.gifLineup.jpg

 

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/ne...b6dd6cc964.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...aled_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....eys-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/...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/o...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.c...tcmp=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...-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....ns-and-comments
Representative Darrell Issa http://issa.house.go...act/contact-me/
Representative Jason Chaffetz https://chaffetz.hou...act-me/email-me
Representative Trey Gowdy http://gowdy.house.gov/contact/
Representative James Sensenbrenner http://sensenbrenner...ntact/email.htm

 

Here is another link of ATF getting another black eye.  http://abcnews.go.co...harges-28599592



#236 Retired Agent Jay Dobyns

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Posted 30 January 2015 - 12:05 PM

If you are so inclined, please re-post, re-tweet and/or contact our representatives at the bottom of the blog.

 

http://blog.jaydobynsgroup.com/?p=758

 

21 Questions

Attached File  Lineup.jpg   233.55KB   2 downloads

 

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/ne...b6dd6cc964.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...aled_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....eys-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/...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/o...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.c...tcmp=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...-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....ns-and-comments
Representative Darrell Issa http://issa.house.go...act/contact-me/
Representative Jason Chaffetz https://chaffetz.hou...act-me/email-me
Representative Trey Gowdy http://gowdy.house.gov/contact/
Representative James Sensenbrenner http://sensenbrenner...ntact/email.htm

 



#237 GoodWorker

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Posted 30 January 2015 - 06:29 AM

http://www.azcentral...-case/22551977/

Judge suspects ATF attorneys of fraud in ex-agent's suit

attachicon.gif635581466730067444-phxdc5-6hj0jw9dn8p4gi9bnl7-original.jpg

 

1398481864000-giblin-paul.png Paul Giblin, The Republic | azcentral.com 5:20 p.m. MST January 29, 2015
 
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 accusations are spelled out in newly unsealed court documents in the case involving former federal agent Jay Dobyns, a onetime University of Arizona football star who sued the ATF for improperly handling threats against him following his undercover stint with the Hells Angels.

 

The judge previously ruled in Dobyns' favor, but withdrew his own decision after learning about the ATF attorneys' conduct.

Newly unsealed court documents disclose:

 

— An ATF attorney attempted to thwart an investigation into arson at Dobyns' house, and fellow ATF attorneys failed to report the incident to the court. Those actions put the integrity of the trial at risk, according to the judge.

 

Dobyns' attorney, James Reed, has been under relentless surveillance for months by several unidentified people.

 

The case focused on the ATF's investigation of a fire at Dobyns' house after supervisors withdrew his covert identification. 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.

 

ATF Agent Thomas Mangan, a spokesman, declined comment.

 

"I understand that some documents related to this judicial matter have been unsealed, but they are part and parcel to the ongoing litigation and therefore we cannot comment on this matter," Mangan said in an e-mail.

 

The specific order that names the banned attorneys remains sealed.

 

Other court documents indicate that Allegra's directive prevents the attorneys from serving as the government's counsel of record, but allows them to consult with their successors as the case proceeds.

 

Dobyns' attorney said he is awaiting directions from the judge regarding how the case will move forward. He declined further comment.

 

Dobyns, a Tucson resident, was a two-time honorable mention All-Pacific 10 Conference wide receiver at UA who worked as an undercover ATF agent for 27 years. He sports sleeve-splitting biceps, a shaved head and a dense collection of biker tattoos.

 

Dobyns said the judge made the correct move to protect the integrity of his courtroom.

 

"DOJ attorneys had been misrepresenting facts," Dobyns alleged in an interview with The Arizona Republic. "They have been withholding evidence. And I think Judge Allegra, whatever the basis for the decision was, I think it's appropriate.

 

"Judge Allegra not only has the obligation to be the finder of fact, he has the obligation to protect the dignity and integrity of the United States justice system."

 

The unsealed disclosures extend the six-year legal battle that briefly appeared concluded last year.

 

After a three-week trial in Tucson and Washington, D.C., during which more than 20 ATF agents and executives testified, Allegra ruled on Aug. 25 that ATF violated good faith and fair dealing related to a prior agreement the agency had with Dobyns.

 

The judge awarded Dobyns $173,000, which was a fraction of what he sought, and rejected ATF's claim to a slice of the royalties from Dobyns' bestselling autobiography, "No Angel: My Harrowing Undercover Journey to the Inner Circle of the Hells Angels."

 

ATF appealed and Dobyns cross-appealed. The Federal Circuit Court of Appeals gave the case back to Allegra to reconsider.

 

Unsealed court records reveal at least two instances in which ATF attorneys may have committed fraud, Allegra wrote in a Dec. 1 opinion.

 

One instance involved the arson investigation. Dobyns was traveling the night of the fire and contended that an arsonist tried to murder him by burning his house. His wife and children were asleep in the home at the time, but escaped unharmed. The house was destroyed.

 

ATF supervisors treated Dobyns as the lone suspect for years, long after ATF fire investigators concluded that he had no involvement. Supervisors also ignored information Dobyns provided about credible suspects. The case has never been solved.

 

In early 2012, the ATF's new top supervisor for Arizona, Thomas Atteberry, reopened the investigation, according to court documents. Testimony during the trial indicated that ATF attorney Valerie Bacon tried to convince Atteberry to drop the matter, because she felt it would damage ATF's legal case against Dobyns.

Atteberry testified that Bacon tried to convince him twice — once by phone and once in person.

 

TF attorneys knew about the contact, but none notified the judge before the trial started. That put the integrity of the court proceedings at risk, Allegra wrote in a decision that was filed under seal on Dec. 1.

 

Bacon made similar comments to a second ATF agent, Carlos Canino, who also was a potential witness in the case, according to court documents.

 

Bacon no longer works for ATF. Details about the circumstances of her departure were not available.

 

The second instance of possible fraud occurred when ATF attorneys failed to report to Allegra that an ATF agent who testified in the case was threatened by another witness, according to Allegra's Dec. 1 decision.

 

Court documents identify the threatened agent as Christopher Trainor, the lead internal-affairs investigator who researched the ATF's bungled handling of threats against Dobyns. His reports were critical to Dobyns' case.

 

Allegra noted that Trainor's testimony carried considerable weight. The judge wrote last year that Trainor's reports were thorough, well-documented and accurately reflected more than 4,000 pages of documents, electronic messages and interview notes.

 

"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," Allegra wrote.

 

Dobyns was far less restrained in his opinion as to why ATF attorneys' sought to undercut Trainor.

 

"What he did was internally prove everything that I had alleged for the last six years that had been ignored. So, from ATF's and DOJ's perspective, that was a huge internal indictment of the misconduct that they had been defending and allegations that they had been ignoring," Dobyns told The Republic.

 

Allegra's Dec. 1 opinion provides no further insight concerning the contact between Trainor and the other witness. However, an ATF attorney compounded the matter later.

 

A taped conversation indicates that an ATF attorney ordered Trainor not to disclose the threat against him, and told Trainor that there would be repercussions if he did disclose it, Allegra wrote. The judge did not identify the ATF attorney.

 

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.

 

Dobyns said the case has made him question everything he stood for during his career.

 

"They have been so dirty and so corrupt," he said. "That was not the system that I believed that I was working for and within."

Jay thank you for your courage and tenacity shown in this case.  Nothing is going to change unless people like you stand up to injustice. Thanks goes out to Mr. Reed, SA Trainor, and SA Slatalla also.  I hope Valerie Bacon et al sees the inside of a courtroom from a defendants table. 



#238 Retired Agent Jay Dobyns

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Posted 30 January 2015 - 12:03 AM

http://www.azcentral...-case/22551977/

Judge suspects ATF attorneys of fraud in ex-agent's suit

Attached File  635581466730067444-phxdc5-6hj0jw9dn8p4gi9bnl7-original.jpg   34.37KB   0 downloads

 

1398481864000-giblin-paul.png Paul Giblin, The Republic | azcentral.com 5:20 p.m. MST January 29, 2015
 
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 accusations are spelled out in newly unsealed court documents in the case involving former federal agent Jay Dobyns, a onetime University of Arizona football star who sued the ATF for improperly handling threats against him following his undercover stint with the Hells Angels.

 

The judge previously ruled in Dobyns' favor, but withdrew his own decision after learning about the ATF attorneys' conduct.

Newly unsealed court documents disclose:

 

— An ATF attorney attempted to thwart an investigation into arson at Dobyns' house, and fellow ATF attorneys failed to report the incident to the court. Those actions put the integrity of the trial at risk, according to the judge.

 

Dobyns' attorney, James Reed, has been under relentless surveillance for months by several unidentified people.

 

The case focused on the ATF's investigation of a fire at Dobyns' house after supervisors withdrew his covert identification. 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.

 

ATF Agent Thomas Mangan, a spokesman, declined comment.

 

"I understand that some documents related to this judicial matter have been unsealed, but they are part and parcel to the ongoing litigation and therefore we cannot comment on this matter," Mangan said in an e-mail.

 

The specific order that names the banned attorneys remains sealed.

 

Other court documents indicate that Allegra's directive prevents the attorneys from serving as the government's counsel of record, but allows them to consult with their successors as the case proceeds.

 

Dobyns' attorney said he is awaiting directions from the judge regarding how the case will move forward. He declined further comment.

 

Dobyns, a Tucson resident, was a two-time honorable mention All-Pacific 10 Conference wide receiver at UA who worked as an undercover ATF agent for 27 years. He sports sleeve-splitting biceps, a shaved head and a dense collection of biker tattoos.

 

Dobyns said the judge made the correct move to protect the integrity of his courtroom.

 

"DOJ attorneys had been misrepresenting facts," Dobyns alleged in an interview with The Arizona Republic. "They have been withholding evidence. And I think Judge Allegra, whatever the basis for the decision was, I think it's appropriate.

 

"Judge Allegra not only has the obligation to be the finder of fact, he has the obligation to protect the dignity and integrity of the United States justice system."

 

The unsealed disclosures extend the six-year legal battle that briefly appeared concluded last year.

 

After a three-week trial in Tucson and Washington, D.C., during which more than 20 ATF agents and executives testified, Allegra ruled on Aug. 25 that ATF violated good faith and fair dealing related to a prior agreement the agency had with Dobyns.

 

The judge awarded Dobyns $173,000, which was a fraction of what he sought, and rejected ATF's claim to a slice of the royalties from Dobyns' bestselling autobiography, "No Angel: My Harrowing Undercover Journey to the Inner Circle of the Hells Angels."

 

ATF appealed and Dobyns cross-appealed. The Federal Circuit Court of Appeals gave the case back to Allegra to reconsider.

 

Unsealed court records reveal at least two instances in which ATF attorneys may have committed fraud, Allegra wrote in a Dec. 1 opinion.

 

One instance involved the arson investigation. Dobyns was traveling the night of the fire and contended that an arsonist tried to murder him by burning his house. His wife and children were asleep in the home at the time, but escaped unharmed. The house was destroyed.

 

ATF supervisors treated Dobyns as the lone suspect for years, long after ATF fire investigators concluded that he had no involvement. Supervisors also ignored information Dobyns provided about credible suspects. The case has never been solved.

 

In early 2012, the ATF's new top supervisor for Arizona, Thomas Atteberry, reopened the investigation, according to court documents. Testimony during the trial indicated that ATF attorney Valerie Bacon tried to convince Atteberry to drop the matter, because she felt it would damage ATF's legal case against Dobyns.

Atteberry testified that Bacon tried to convince him twice — once by phone and once in person.

 

TF attorneys knew about the contact, but none notified the judge before the trial started. That put the integrity of the court proceedings at risk, Allegra wrote in a decision that was filed under seal on Dec. 1.

 

Bacon made similar comments to a second ATF agent, Carlos Canino, who also was a potential witness in the case, according to court documents.

 

Bacon no longer works for ATF. Details about the circumstances of her departure were not available.

 

The second instance of possible fraud occurred when ATF attorneys failed to report to Allegra that an ATF agent who testified in the case was threatened by another witness, according to Allegra's Dec. 1 decision.

 

Court documents identify the threatened agent as Christopher Trainor, the lead internal-affairs investigator who researched the ATF's bungled handling of threats against Dobyns. His reports were critical to Dobyns' case.

 

Allegra noted that Trainor's testimony carried considerable weight. The judge wrote last year that Trainor's reports were thorough, well-documented and accurately reflected more than 4,000 pages of documents, electronic messages and interview notes.

 

"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," Allegra wrote.

 

Dobyns was far less restrained in his opinion as to why ATF attorneys' sought to undercut Trainor.

 

"What he did was internally prove everything that I had alleged for the last six years that had been ignored. So, from ATF's and DOJ's perspective, that was a huge internal indictment of the misconduct that they had been defending and allegations that they had been ignoring," Dobyns told The Republic.

 

Allegra's Dec. 1 opinion provides no further insight concerning the contact between Trainor and the other witness. However, an ATF attorney compounded the matter later.

 

A taped conversation indicates that an ATF attorney ordered Trainor not to disclose the threat against him, and told Trainor that there would be repercussions if he did disclose it, Allegra wrote. The judge did not identify the ATF attorney.

 

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.

 

Dobyns said the case has made him question everything he stood for during his career.

 

"They have been so dirty and so corrupt," he said. "That was not the system that I believed that I was working for and within."



#239 Retired Agent Jay Dobyns

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Posted 29 January 2015 - 07:05 PM

If anyone thinks this stops and starts with the banned DOJ attorneys they are foolish.  ATF executives have their hands in this as well.

 

http://video.foxnews...?#sp=show-clips



#240 GoodWorker

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Posted 28 January 2015 - 08:00 PM

 

attachicon.gifOptimized-Holder-Jones-gun-control.jpg

  "ATF’s Watergate…or worse.”

 

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

 

TITLE CARD: Based on the true Story

 

FADE IN.

 

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

 

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

 

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

 

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

 

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

 

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

 

Both laugh.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

FADE OUT.

 

***

 

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

 

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

 

But,

 

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

 

 

http://www.examiner....eys-dobyns-case

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

bacda9c8d8a9d7c3186a036d2142757c.jpg?ito

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

http://nypost.com/20...ed-my-computer/  Now Attkisson's story holds a lot more credibility since it looks like a pattern is being set by the DOJ.



#241 VINCENT A CEFALU

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Posted 28 January 2015 - 08:53 AM

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#242 Retired Agent Jay Dobyns

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Posted 26 January 2015 - 09:27 AM

A SYNOPSIS:

 

Katie Pavlich published a great piece today. So have Tim Stellar, David Hardy, David Codrea, Mark Walters and Mike Vanderbough in days previous.  I understand another piece will publish tomorrow in a major newspaper.  I do not know if it will be as scathing as those published by these reporters.  Time will tell.

 

Thank you to each. Not thanks for helping me. That is not their jobs nor would they compromise their investigative integrity or journalistic ethics to do a favor. The "thanks" are for covering the story, doing so unbiased, citing facts and evidence and mostly for having the courage to report on this administration when the national mainstream media wants to turn a blind eye.  If there is an award for reporters who write or speak the truth and ignore the blowback, it should be given to each of you.

 

This could all have been prevented and now can be fixed. I don't want their money.  I never did.  What I want is a public admission of guilt from Holder and a face-to-face apology from Jones and Brandon (honestly, out of respect for the office, I would never seek one from our President). Obama, Holder and Jones have to lead and face the situation. Until then I will battle them to the bloody end.

 

You are quickly approaching critical mass gentlemen.  You need to do now what you should have done a long time ago - conduct some serious risk assessment.  Read the public comments attached to these stories.  You are outed and you have failed.  I understand you are choking on your pride.  You forced me to gag on my mine when you falsely accused me of trying to kill my family and then defended the people who put that on me. 

 

"Fuck pride!  Pride only hurts.  It never helps."  - Marcellus Wallace

 

 

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

 

 

"Unsealed court files in Jay Dobyn's case full of bombshells"  "This is truly a BATF and DOJ Watergate... or worse."

 

 

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

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

 

 

"Folks, this is the most important ATF scandal story since Fast and Furious."

 

 

Federal Judge Accuses DOJ Attorneys of Defrauding The Court, Threatening Witness in Case of ATF Whistleblower Jay Dobyns

Katie Pavlich | Jan 26, 2015

 

Late last week reporter Tim Steller of the Arizona Daily Star in Tucson published a piece about alleged serious misconduct and intimidation from DOJ attorneys during the trial and lawsuit of former ATF agent and whistleblower Jay Dobyns against the government. 

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

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

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

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

As a refresher, 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. (You can read a detailed account of the situation here). As a result, Dobyns sued the Bureau.

 

In August 2014 that lawsuit and trial came to an end with Federal Judge Francis Allegra ruling in Dobyns' favor and awarding him $173,000 in damages. 

Shortly after the ruling, Allegra withdrew his opinion without explanation, now we know why. Court documents show DOJ attorneys allegedly intimidated a key witness in Dobyns' case against the government, threatening that if he testified, his career at would be over. After a long six year court battle with the Bureau of Alcohol Tobacco and Firearms, Special Agent and whistleblower Jay Dobyns says he as been vindicated after Federal Judge Francis Allegra ruled in his favor late Tuesday. Dobyns, who infiltrated the dangerous and deadly Hells Angels gang as an undercover agent years ago, brought a lawsuit against the Bureau after supervisors ignored death threats to his family, which included plans to murder him either with a bullet or by injecting him with the AIDS virus, kidnapping and torturing his then 15-year-old daughter and kidnapping his wife in order to videotape a gang rape of her. Contracts were solicited between the Hells Angels, the Aryan Brotherhood and the MS-13 gang to carry out these threats, which were laid out in prison letters and confirmed through FBI and ATF interviews of confidential informants inside numerous detention centers. In 2008, his Tucson home was burned to the ground. When the fire was started, his wife and children were inside. Luckily, they escaped. Instead of investigating, ATF supervisors accused Dobyns of being the arsonist.

"I have been vindicated. First, I must thank God who provided me with strength and faith during these events. 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 too needlessly," Dobyns wrote about the ruling on his website, where he released the news. "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."

In his opinion, Allegra said ATF exhibited "organizational weaknesses," in handling the threats against Dobyns and described ATF officials as demonstrating misfeasance in the case "rooted in the sorry failure of some ATF officials."

“The violations occurred because of the way officials like ASAC Gillett and RAC Higman functioned – and were allowed to function – after the arson, especially in terms of how Agent Dobyns was treated”; “In the courts view, the evidence showed that ASAC Gillett and Agent Higman knew that Agent Dobyns was not responsible for the fire, and still allowed him to be treated as a suspect as a form of payback. Moreover, ATF officials knew, or should have known, that individuals like ASAC Gillett and Agent Higman should not have been allowed to participate in the investigation – as it turned out their conduct was not only reprehensible, but predictably so. In donning blinders in this regard, ATF officials compounded potential harm that might have befallen the Dobyns family,” the opinion states.

It seems that this apparent misconduct by the DOJ attorneys is what led Allegra to make a dramatic ruling on Oct. 24. That day, he barred seven Justice Department attorneys who had led the case until then from making any further filings in the case. The DOJ is fighting that ruling.

 

“On October 29, 2014, the court, invoking RCFC 60( B) and other provisions, issued an order voiding the prior judgment based upon indications that defendant, through its counsel, had committed fraud on the court," Allegra wrote in an unsealed opinion from December 2014. "The Sixth Circuit has indicated that fraud on the court consists of conduct: 1. On the part of an officer of the court; 2. That is directed to the ‘judicial machinery’ itself; 3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth; 4. That is a positive averment or is concealment when one is under a duty to disclose; 5. That deceives the court."

 

After the opinion was issued, ATF's lead internal affairs investigator Christopher Trainor, a key witness in the Dobyns' case who testified at the Tucson and Washington D.C. portions of the trial, told Judge Allegra he had been threatened by a DOJ attorney and witness for the government, Charles Higman, in 2013 for his work in compiling evidence against ATF in the case. An internal criminal investigation was opened against Higman in 2013 after Trainor's allegations and Higman was accused of perjury in Allegra's August 2014 opinion, which was withdrawn after new revelations.

 

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."

 

Further, DOJ has allegedly been intimidating and conducting harassing surveillance of Dobyns' attorney Jim Reed. More from Steller:

DOJ is standing by it's attorneys as "outstanding civil servants." Attorney General Eric Holder has been informed by Allegra of the alleged defrauding of the court by DOJ attorneys. Perhaps the most bizarre and worrisome allegations emerged in Reed’s Jan. 11 filing, which was originally filed under seal but unsealed by the judge except for a few redacted words. Reed, who is based in Phoenix, wrote that he “has felt himself under extreme surveillance for the last sixty days, both fixed and moving, and under lesser levels of surveillance for many months before that.”

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

 

"I said all along they were cheating. Everyone was like, "sour grapes, disgruntled agent, whiny narcissist, etc." Just a fraction of the dirty games ATF and DOJ played on me are coming out. Reporters are finding it all on their own with no prompting from me (below). This is only the portion of what Judge Allegra has unsealed and allowed to be exposed. More and better dirt on these people is coming. The evidence of abuse from the trial? That's old news and minor compared to DOJ / ATF attorneys and witnesses defrauding federal courtrooms and judges. Jones and Brandon knew/know about this and did NOTHING, yet they call themselves "leaders". They are executive bagboys. DOJ is defending the reputations and careers of corrupt attorneys - the very same attorneys who tried to frame me and lied, cheated and stole to do it. They are all paid to cover for Holder and his "team" and do so shamelessly. Justice and truth are not their missions. Coverup and self protection is. To them "Justice" and "Truth" are meaningless words carved in the facades of their buildings. This is the tip of the iceberg of what is yet to come," Dobyns wrote on his website about the revelations. "I can only make one guarantee. Its not of victory. Its that I will not quit and will not be broken."

 

The House Oversight Committee and the Senate Judiciary Committees both have new chairmen, Rep. Jason Chaffetz and Sen. Chuck Grassley, who should both be looking into this is and demanding answers, especially with confirmation hearings for attorney general nominee Loretta Lynch later this week.

David Codrea has also written a piece about these revelations that's worth reading.



#243 Retired Agent Jay Dobyns

Retired Agent Jay Dobyns

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Posted 25 January 2015 - 09:49 PM

Attached File  Optimized-Holder-Jones-gun-control.jpg   73.23KB   5 downloads

  "ATF’s Watergate…or worse.”

 

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

 

TITLE CARD: Based on the true Story

 

FADE IN.

 

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

 

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

 

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

 

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

 

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

 

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

 

Both laugh.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

FADE OUT.

 

***

 

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

 

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

 

But,

 

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

 

 

http://www.examiner....eys-dobyns-case

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

bacda9c8d8a9d7c3186a036d2142757c.jpg?ito

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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



#244 Retired Agent Jay Dobyns

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Posted 25 January 2015 - 02:19 PM

Another version of the story hit today.  Find it here:  http://www.examiner....eys-dobyns-case

 

My personal take on it is here:  http://blog.jaydobynsgroup.com/?p=735

 

I am going to participate in a national radio interview tonight at 10p est.  If interested you can listen here:  (to find a station) http://armedamerican...where-to-listen  (or, to stream) http://am920theanswer.com/

 

 

 

 



#245 Historic Arms LLC

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Posted 25 January 2015 - 01:24 PM

Well done Jay!

 

It takes a kind of resolve that most don't understand to what you have done.

 

I have attached the ruling....Worth the read folks!

 

Len

Attached Files



#246 GoodWorker

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Posted 25 January 2015 - 07:33 AM

 

I said all along they were cheating.  Everyone was like, "sour grapes, disgruntled agent, whiny narcissist, etc."  Just a fraction of the dirty games ATF and DOJ played on me are coming out.  Reporters are finding it all on their own with no prompting from me (below).  This is only the portion of what Judge Allegra has unsealed and allowed to be exposed.  More and better dirt on these people is coming.  The evidence of abuse from the trial?  That's old news and minor compared to DOJ / ATF attorneys and witnesses defrauding federal courtrooms and judges.  Jones and Brandon knew/know about this and did NOTHING, yet they call themselves "leaders".  They are executive bagboys. DOJ is defending the reputations and careers of corrupt attorneys - the very same attorneys who tried to frame me and lied, cheated and stole to do it.  They are all paid to cover for Holder and his "team" and do so shamelessly.  Justice and truth are not their missions.  Coverup and self protection is.  To them "Justice" and "Truth" are meaningless words carved in the facades of their buildings.   This is the tip of the iceberg of what is yet to come.  Can't wait to see ya all raise your right hand on the stand in a Federal courtroom.  Tell the truth, if not, can you spell P-E-R-J-U-R-Y?  Take careful consideration to how you look in orange jumpsuits before you answer.  Don't drop the soap.

 

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

 

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

 

attachicon.gifAhole.jpg

 

http://tucson.com/ne...b6dd6cc964.html

 

Steller: Unsealed Dobyns files look bad for DOJ
ARIZONA DAILY STAR

Tim Steller, columnist at the Arizona Daily Star.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Thank God Judge Allegra is doing the right thing by unsealing the documents revealing the corrupt practices of ATF and the ATF lawyers. 



#247 Retired Agent Jay Dobyns

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Posted 23 January 2015 - 11:20 PM

Attached File  tumblr_nfvpsryIf11td37ydo1_1280.jpg   149.65KB   8 downloads



#248 ProConfesso

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Posted 23 January 2015 - 08:41 PM

Doj atty actions here mirror what happened to sen Stevens from Alaska. Atf and doj attys actions and practices are known to many here. They need a whistleblower from within or someone from that office in a pickle to cooperate. Maybe chairman chaffetz will bring this up in confirmation

#249 VINCENT A CEFALU

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Posted 23 January 2015 - 01:16 PM

 

I said all along they were cheating.  Everyone was like, "sour grapes, disgruntled agent, whiny narcissist, etc."  Just a fraction of the dirty games ATF and DOJ played on me are coming out.  Reporters are finding it all on their own with no prompting from me (below).  This is only the portion of what Judge Allegra has unsealed and allowed to be exposed.  More and better dirt on these people is coming.  The evidence of abuse from the trial?  That's old news and minor compared to DOJ / ATF attorneys and witnesses defrauding federal courtrooms and judges.  Jones and Brandon knew/know about this and did NOTHING, yet they call themselves "leaders".  They are executive bagboys. DOJ is defending the reputations and careers of corrupt attorneys - the very same attorneys who tried to frame me and lied, cheated and stole to do it.  They are all paid to cover for Holder and his "team" and do so shamelessly.  Justice and truth are not their missions.  Coverup and self protection is.  To them "Justice" and "Truth" are meaningless words carved in the facades of their buildings.   This is the tip of the iceberg of what is yet to come.  Can't wait to see ya all raise your right hand on the stand in a Federal courtroom.  Tell the truth, if not, can you spell P-E-R-J-U-R-Y?  Take careful consideration to how you look in orange jumpsuits before you answer.  Don't drop the soap.

 

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

 

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

 

attachicon.gifAhole.jpg

 

http://tucson.com/ne...b6dd6cc964.html

 

Steller: Unsealed Dobyns files look bad for DOJ
ARIZONA DAILY STAR

Tim Steller, columnist at the Arizona Daily Star.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

EVERYONE who has read this and called Jay their friend, and probably enjoyed his generosity over the years needs to take the five minutes it will take to write a letter, and send it certified mail to Sen. Charles Grassley, And newly appointed House Oversight Chairman Jason Chaffetz DEMANDING DOJ answer for this. Is it can happen to a Decorated Federal Agent, it can happen to you, your family and friends. THIS IS NOT SOCIALIST RUSSIA. We dont have the KGB here. Stop face book pumps and write the damn letter.

Chairman Jason Chaffetz
2236 Rayburn House Office Building
Washington, DC 20515
Phone: (202) 225-7751

Chairman Charles Chuck Grassley
United States Senate Committee on the Judiciary
224 Dirksen Senate Office Building, Washington, D.C. 20510-6050
Phone: 202-224-7703


<!-- isHtml:1 --><!-- isHtml:1 -->

#250 Retired Agent Jay Dobyns

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Posted 23 January 2015 - 09:17 AM

I said all along they were cheating.  Everyone was like, "sour grapes, disgruntled agent, whiny narcissist, etc."  Just a fraction of the dirty games ATF and DOJ played on me are coming out.  Reporters are finding it all on their own with no prompting from me (below).  This is only the portion of what Judge Allegra has unsealed and allowed to be exposed.  More and better dirt on these people is coming.  The evidence of abuse from the trial?  That's old news and minor compared to DOJ / ATF attorneys and witnesses defrauding federal courtrooms and judges.  Jones and Brandon knew/know about this and did NOTHING, yet they call themselves "leaders".  They are executive bagboys. DOJ is defending the reputations and careers of corrupt attorneys - the very same attorneys who tried to frame me and lied, cheated and stole to do it.  They are all paid to cover for Holder and his "team" and do so shamelessly.  Justice and truth are not their missions.  Coverup and self protection is.  To them "Justice" and "Truth" are meaningless words carved in the facades of their buildings.   This is the tip of the iceberg of what is yet to come.  Can't wait to see ya all raise your right hand on the stand in a Federal courtroom.  Tell the truth, if not, can you spell P-E-R-J-U-R-Y?  Take careful consideration to how you look in orange jumpsuits before you answer.  Don't drop the soap.

 

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

 

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

 

Attached File  Ahole.jpg   22.48KB   12 downloads

 

http://tucson.com/ne...b6dd6cc964.html

 

Steller: Unsealed Dobyns files look bad for DOJ
ARIZONA DAILY STAR

Tim Steller, columnist at the Arizona Daily Star.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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






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