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#6799 Grapevine

Posted by Retired Agent Jay Dobyns on 03 September 2015 - 08:54 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

How is it that the media like Paul Giblin, David Codrea and Katie Pavlich can understand this and Congress can't? 

 

The aides for Chuck Grassley, Trey Gowdy and Jason Chaffetz have been briefed on this for years now and yet the legislators sit on the sidelines like benchwarmers. They hold press conferences and brag to the public about their whistleblower protection laws and how much they care but when given a prime opportunity to get in the game and play they are content to just watch. 

 

DOJ you're gettin' your's but ATF's leadership is guilty too.  They know the full story.  Brandon, Turk, Gleysteen are the equivalent of a back up quarterbacks standing next to the head coach (DOJ) wearing a baseball cap and holding a clipboard not doing or saying a thing; just along for the ride and collecting a paycheck.  They agreed to this.  They supported it!  "Its out of my hands."  "Be patient."  "DOJ is running this now."  Pathetic and cowardly leadership at its finest.  You three are dirty and I ain't done with you by a damn longshot. You may be escaping responsibility and accountability for now but there is no way that's going to last.  Heaven forbid Congress interview me.

 

You guys better find a better way to break me than what you've done so far because this is full on war.  And it better be more than trying to frame me for an arson, someone willing to kill his family by fire, hiding and covering up the truth and trying to turn the tables on anyone who's called you out or supported me, sue me, harass my friends and attorney, crush my finances - been there done that.  I'm waiting for your next slander and libel attack.  You know where to find me 'cause I ain't going nowhere.

 

You guys are bullshit as leaders and all the awards and military medals can't hide that anymore.

 

"The first casualty of war is the truth." - Hiram Johnson, U.S. Senator - 1918

 

Read on:

Attached Files




#6780 Grapevine

Posted by Retired Agent Jay Dobyns on 02 August 2015 - 02:38 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

Arizona Daily Star, January 22, 2015, Reporter Tim Steller:

 

 

"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."

 

 

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




#6779 Grapevine

Posted by Retired Agent Jay Dobyns on 02 August 2015 - 02:29 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

The closing of the Special Master's inquiry into allegations of fraud upon the court committed by ATF and DOJ is nearing a close.  For the past six months my attorney and I have served in essence as special prosecutors on the courts behalf seeking information and investigation.  For the most part I have removed myself from public and private comment and social media.  There is really nothing much left for me to say.

 

Although my lawsuit will likely continue for several more years through DOJ's appeal of the courts rullings on this matter, this is a reminder to those that follow here what I have been up against starting in 2004, 11 years.  Seeking justice and accountability against ATF and DOJ is not for the weak of heart or knees and my recommendation to many has been, "let it go", "it is not worth the heartache and gut punches you will take when no one of authority has your back."  If you think Congress or the whistleblower laws or a 'champion in management' will protect you then the joke is on you, and me.  I am much too far down the road to ever turn back or quit.

 

Brandon, could have, and should have, inserted his influence and earned the praise he receives from his supporters.  He intentionally did not.  In fact he joined in the attack defending and protecting the bad conduct.

 

Paste this link into your browser for the hard and honest truth:

 

http://www.youtube.com/watch?v=jd_1N26lExs&feature=youtu.be

 

And from closing arguments in the trial phase:

 

Closing arguments in Dobyns v USA.jpg




#6741 Grapevine

Posted by Retired Agent Jay Dobyns on 29 May 2015 - 01:39 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

A status update.

 

http://blog.jaydobynsgroup.com/?p=861

 

For those following my war and expecting a conclusion on the government fraud allegations to be delivered today – stand by.

 

A thorough examination of the allegations of fraud and misconduct leveled against DOJ’s attorneys in their handling of my lawsuit remains ongoing.

 

To date, the process has been both extreme and complex. My arguments with DOJ over their production of relevant documents can mildly be described as heated. To get this right and to drill down for the whole truth is neither an easy nor quick undertaking. When facing DOJ you have to fight for every millimeter of progress, facts, evidence and truth. Those types of things are not the concern of DOJ or ATF. I have learned a valuable lesson in patience through all of this – one I badly needed.

 

The truth will survive to the end, even when the evidence gets hidden.

 

Today, trial Judge Francis Allegra issued an Order granting a time extension to Special Master Judge John Faciolla allowing him room to properly complete his inquiry:

 

“On February 23, 2015, the Chief Judge appointed John Michael Facciola as a special master in this case (Doc. 334). Later that day, this court issued an order (Doc. 335) describing the procedures that govern the special master’s appointment, and requiring the special master to provide the assigned judge with a report on or before May 29, 2015. Today, Special Master Facciola filed a request for an extension of that deadline due to complicated privilege issues that have arisen in the case. Pursuant to this court’s February 23, 2015 order (Doc. 335, paragraph 23), the special master’s deadline to file his report is hereby extended to July 17, 2015.”

 

I am continuing to trust the judicial process as I have since my fight with ATF and DOJ began in 2005 – ten years and running. My fight has now spanned the tenure of two Presidents (George W. Bush and Barack Obama) and five Attorney Generals (John Ashcroft, Alberto Gonzales, Michael Mukasey, Eric Holder and Loretta Lynch). None have shown the integrity to deal with this in an honest or open manner. If it takes another ten years, ultimately, the truth will see sunlight. I hope I am around for it.

 

When this broke bad I asked God for help. I was expecting a “K Street” law firm to rescue me. Instead He sent me James Reed, a disability rights and construction law attorney. I could not have done any better in anyone else’s hands. God’s perfect plan is demonstrated in remarkable ways. We are the Odd Couple.

 

The below picture (2009) demonstrates how the truth-seeking process has aggressively aged Jimmy and I. We weren’t ‘all that’ to begin with but, those who know us or see us daily will attest to how our appearances have sharply declined. It also represents one of our many victories. ATF and DOJ sued me for my book (No Angel). They lost. I’m now uglier, wrinklier and fatter; Jim has less hair (that has not been an issue for me). We both have added physical ailments that come with long term exposure to stress, harassment and danger. I’m not looking for sympathy or concern. It is what it is. I’d do it all again. But, if anything should happen to either one of us, you will know where to start looking.

 

A development in current events makes this matter even more interesting.

 

Yesterday an indictment of former House Speaker/Congressman Dennis Hassert was announced. One of the charges filed against him stemmed from his lying to federal agents.

 

http://www.nbcnews.c...utation-n366396

 

“Hastert, 73, was charged with one count each of structuring currency transactions to evade currency transaction reports and making a false statement to the FBI.”

 

Even the stories headline can be compared to my situation: Indictment Taints Former Speaker Dennis Hastert’s ‘Clean as a Whistle’ Reputation

 

We want to believe our government, our Department of Justice, the leadership of our federal law enforcement agencies is ‘clean as a whistle’. They want you to believe it too. They are not.

 

When you lie to federal agents, when you cheat and create false documents and mischaracterize and cover up and deceive; the price to pay is heavy, regardless of who you are. Lady Justice is blind to titles, reputation, position or career.

 

Its called 18 U.S.C. § 1001 – or False Statements (but it goes further):

 

(a) . . . [W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, [ 1 ] knowingly and willfully –

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; …shall be fined under this title or imprisoned not more than 5 years. The maximum fine under Section 1001 is at least $250,000 for individuals and $500,000 for corporations.

 

Ask Scooter Libby, Bernie Madoff, Jeffery Skilling, Martha Stuart or Rod Blagojevich if the statute is hallow or unenforceable.

 

For my adversaries who may read this, I am providing you the courtesy of posting this article. Take it to heart. It is entitled How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Government Agents.

 

http://www.wisenberg...nt-Agents.shtml

 

Uh oh!

Attached Thumbnails

  • 055d7f658a7a138ce4c486131e91df11.jpg
  • Jim-Jay.jpg

Attached Files




#6715 Grapevine

Posted by Retired Agent Jay Dobyns on 17 April 2015 - 09:07 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

death_of_the_justice_by_quadraro-d6sapo4.png http://blog.jaydobynsgroup.com/?p=819 The Death of Justice The schedule for the Special Master inquiry into alleged fraud by government attorneys during Dobyns v. USA has been set. In mid-May I will be in Washington, D.C., taking depositions of critical key witnesses. The time to expose more truths has grown close. During the trial on my case-in-chief, I won on the facts and evidence. DOJ and ATF’s legal counsel tried very hard to disprove the truth. But, truth-be-told (play on words) they won as well, having defeated my claims for millions of dollars in damages. I believed that I deserved a higher judgment, but I believed even more in the system and respected Judge Allegra’s award. I was at peace after my day in court. DOJ should have also respected the system and celebrated their financial victory. What they would have had to pay for what they did to me and my family was their equivalent of a single, lost french fry at the bottom at the bottom of a Happy Meal bag. The arrogance of Eric Holder’s DOJ and ATF could not accept that. Soon after the trial Opinion was published, the revelations of how low the governments lawyers had stooped trying for victory was exposed – which brings us to the hereand now. I intend to prove that DOJ’s attorneys were intentionally and willfully fraudulent in their conduct during the trial. DOJ will defend that conduct and work to convince us otherwise. Accountability is right around the corner. If I am successful, I will let it be known. If I fail, I will let that be known as well. When the details are ultimately made public it will turn your stomachs. They are not as good at cover-ups as they think they are. If you are a ‘bettin’ man’, lay your chips on Jay Dobyns and Jim Reed. We may not get to their money but we will get to the truth and that truth is priceless. The name of the header picture is titled: The Death of Justice



#6697 Grapevine

Posted by Retired Agent Jay Dobyns on 30 March 2015 - 08:46 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

A very heated debate took place on my Facebook page over the last few days regarding my comments there on Tom Brandon.  I stated that he has failed ATF and has shown that he is not the right man to be our Director, acting or otherwise.  Brandon's supporters have chimed in and attacked me and others who disagree with my characterization.

 

In defending Brandon he was praised as, "Tom Brandon is the right kind of man to be leading ATF at this time because he was taught about leadership in the military and he was taught to always place the welfare of his agents before his own welfare. Tom knows the meaning of leadership, and he has demonstrated and practiced leadership, as opposed to management, throughout his career. I do not believe there is anyone currently in ATF HQ, or anyone outside of HQ, that could do a better job than Tom Brandon as Director and I pray that he is given the opportunity to demonstrate his abilities."

 

I want that assessment to be true.  I want to be wrong on this.  I am not above admitting, publicly, I was incorrect if Brandon's proclaimed integrity shines through.

 

At the trial for ATF retaliations on me, ATF manager after ATF manager testified under oath that ATF has no authority or jurisdiction to respond to home arson.  Then, I read this report published in ATF's own newsletter (below) of a remarkable ATF response to a home arson.  It describes incredible work performed by ATF's top arson experts, working out of country, on a home arson.  This is exactly what ATF does better than anyone else in the world and I applaud the work and dedication.

 

So what gives Tom?  Are you going to do anything to those ATF employees past and present who obstructed justice and then lied under oath and tried to cover it up?  This is criminal and for the Director of ATF to order the filing of criminal charges is as easy as the stroke of a pen.  You have lots of options to display your integrity, leadership and love for ATF.  As our new Director this seems like an easy one to take action on.  I hope you will live up to the praise of your supporters and prove me wrong.

 

Attached File  ATF Expertise Crosses Borders To Solve Fatal Arson - Inside ATF - March 2015.pdf   216.49KB   4 downloads




#6696 Grapevine

Posted by Retired Agent Jay Dobyns on 29 March 2015 - 10:21 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

Looks like my case is not the only one where DOJ's been caught (caught being the key word, they do it all the time and get away with it). This is disgusting. They will try to get away whatever they think they can to win.

 

http://www.grassley....-moonlight-fire

 

The officials in question allegedly failed to provide relevant information in the cases, retaliated against a colleague who disclosed documents that were originally withheld and targeted prosecutions for the sole purpose of raising revenue.

 

According to media reports, officials from the U.S. Forest Service and the U.S. Attorney’s Office for the Eastern District of California made false statements, withheld 5,000 pages of information and failed to correct a calculation error that would have reduced potential liability in another case by $10 million. The lead investigator claims to have been removed from the case after disclosing documents that were withheld. Another federal prosecutor alleged that the investigation was directed squarely at raising revenue.  Plaintiffs in a state court case were ordered to pay more than $32 million in attorney fees as a result of the potentially corrupt practices, and a $55 million settlement that was reached in 2012 in a federal case may be overturned. 

 

“Accountability for prosecutors fulfills a basic expectation from the general public that the government will be held to the same standards as everyone else.  If anything, United States investigators and prosecutors—who occupy positions of public trust and exercise significant discretion afforded them in enforcing the law—should be held to a higher standard,” the senators wrote in a letter to Acting Deputy Attorney General Sally Yates.




#6689 Grapevine

Posted by Retired Agent Jay Dobyns on 26 March 2015 - 12:08 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

https://app.advocacy...ghtfoot@mac.com

 

"Thomas Brandon was the ATF bureaucrat behind the agency's cover-up of Operation Fast and Furious. He was the man in charge of punishing those at the heart of the scandal. But when all was said and done, he didn't fire anyone."

 

And, in addition, albeit not to the level of significance of Fast and Furious, he gave every ATF employee an atta-boy pat on the back and free pass or easy exit who tried to frame me for an attempted murder of my family.  Coward!




#6688 Grapevine

Posted by Retired Agent Jay Dobyns on 26 March 2015 - 10:06 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

With all the 'Jones to the seven figure job in the NFL' and 'Brandon will save us" hoopla, know this - they backed this bullshit and made personal decisions to be on the wrong side of history and did it for unethical and corrupt reasons.

 

http://www.nxtbook.c...aff_201504/#/50

 

NRA Mag 1.jpg

NRA Mag 2.jpg

NRA Mag 3.jpg




#6687 Grapevine

Posted by Retired Agent Jay Dobyns on 25 March 2015 - 07:39 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

This is a joke, right?

 

http://www.nytimes.c...ficer.html?_r=0

 

N.F.L. to Hire B. Todd Jones, A.T.F. Director, as Disciplinary Officer

"Jones is expected to be in charge of disciplining players..."

 

Like he disciplined the Fast and Furious misfits?  Like he disciplined the criminals who tried to frame me?  Like he disciplined the people responsible for the death of Brian Terry?  The dude turned his back to discipline.  Sad to say because I love the game but the NFL got it wrong.

 

Based on his track record at ATF, everyone in the NFL now has a free pass to engage in domestic violence, etc. (as long as he likes you). If he doesn't like you then you are going to be fined for having the wrong color shoe laces. Internal reviews, investigations, and recommendations - not needed. The all knowing and powerful OzJones will decide who is guilty or not.

 

He may have run circles around Congress but wait until the NFLPA challenges his antics.  Whole new ball game.  They won't take his s**t like the politicians do.  And, I doubt Goodell will stick his neck out to protect him like Holder and Co.  Cover ups don't work so well outside of government.




#6686 Grapevine

Posted by Retired Agent Jay Dobyns on 25 March 2015 - 12:38 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

In additon to the drone debackle Vince posted below read these on Brandon.

 

http://www.americant...f_director.html

 

http://www.examiner....t-investigation

 

Based on personal experience Brandon was a hard working and smart agent.  Based on the reviews of trusted peers he was a good first line supervisor to work for.  He had his agents backs.

 

Then what happened?  In my opinion power corrupts and Brandon has been corrupted by his position.

 

His Marine service is explary and should be honored and respected.  His work as an agent and group supervisor are viewed in flattering light by those who worked with and under him.  But, based on personal experience all that took a wash when he became Jones's Deputy.  Based on personal experience Brandon forfieted all those morals and ethics that he had developed early on.  He became a weak puppet for his superiors when he needed to take a stand for us.

 

When Assistant Director Ron Turk retailated against me for calling out Jones and his crew of incompetents as the criminals that some of them are/were, only after Darrell Issa sent a letter to Holder telling them what they were doing to me was illegal did Brandon back off the assault on my career and make excuses for Turk's idiotic moves.  Turk didn't have the courage to face me himself and Brandon came to the rescue to protect his incompetent partner.

 

Brandon was sitting on the ATF Internal Affiars reports without letting me see them or knowing what they contained when he attempted to extort me off the job with a lame lawsuit settlement that hinged on my immediate resignation from the job.  "There no place left for you at ATF, Jay.  It is my decision that you have to leave."  What later came out of those once hidden reports and what was proven at trial was that ATF undertook a riduclously overzealous attempt to destroy me, frame me for the attempted murder of my family by an arson, and then lie about and cover-up their actions.  Brandon tried to keep that his personal secret when I met with him.  He knew word for word what those reports contained, what they proved internally, and he tried to bluff me into a resignation.

 

Brandon gave a free pass, no discipline, to every single person who was engaged in the conduct against me - those that were criminal in attempts to frame me, those who retaliated by removing each and every article of protective countermeasure I had to protect myself, and, those who sued me for my book claiming I damaged ATF while at the very same time ATF displaying my book in ATF Headquarters using it to promote the accomplishments of the agency.  This is who will now lead ATF into the future.

 

Brandon made a conscience decision to defend criminals and corruption.  His decision.  No one elses.  I don't care how dedicated and loyal you may be, you can never be ordered to break the law.  And with integrity, you should never accept or go along with blatantly failing justice.

 

When Jones and Brandon arrived my hopes for an honest workplace and great leadership were through-the-roof-sky-high.  They were raised as Marine's for God sakes.  How would any of ever imagine how terribibly they would fail on those codes.  Jones was never invested in ATF, he was only put in place to carry out the wishes of Holder.  But, Brandon, that was the biggest disappointment.

 

Why?

 

Because a man that was trusted, admired and respected from the field gave that all away when he looked in the eyes of the right thing to do and then turned his back.  Not only turned his back on justice, truth and fairness - he went proactive to defend and support all those who's corruption he inherited.

 

There was never a better time or place for any one single person to fix ATF.  Brandon had the ATF world at his feet.  We all looked to him to be remarkable as his resume led everyone to believe he would.  Instead he failed so miserably that the Jones/Brandon regime will be remembered as the most retailatory and disrespecting of the field in our history.

 

Power corrupts.  It alters peoples DNA.  People's chemistry for greatness, their souls, are sometimes disolved in exchange for titles and influence.  Don't expect one single damn thing to change now that Brandon is in charge.  He has already established a track record for doing what he is told vs. doing what he knows is right.

 

I'm not the best guy on the planet but at least I can look myself in the mirror, own my failures, be accountable for my mistakes and have a clear conscience that I never tried or wanted to hurt or damage anyone.  I never pushed back against ANYONE who didn't shove me first.  Tom Brandon doesn't, won't and can't say the same.  He's learned his job at the foot of the worst, Jones.

 

The Special Master review process for the alleged attorney corruption in my lawsuit is underway and Brandon's fingerprints are going to be on it as well.

 

Expect him to salute and march to whatever orders he is given from above, regardless of how dirty those may be.  Just like Jones, he knows exaclty where his bread is buttered.  And just like Jones, he will land softly on his feet, ultimately in a new career and life and not ever bother to look back on the shame and corruption they left behind for the rest of us to deal with.




#6679 Grapevine

Posted by Retired Agent Jay Dobyns on 21 March 2015 - 12:49 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

My tribute to Pat and Gina Kelly. 

 

http://youtu.be/JIkHCTxEwas

 

When the threats on me were extreme and after my house was set on fire and when only a couple of people at ATF cared if my family and I were safe, my Angels on Earth came running.

 

Many already retired for years like Patrick Kelly, Charlie Dawson(Fuller), Radford Fox, Gene Rightmyer, Les Jones , Billy Queen, and Tim Bunz, with others still on the job like Carlos Baixauli, Jimm Langley, Steve Gunderson, Vincent A Cefalu, Chris Bayless, Tom Mangan, Louis Quinonez, Joe Slatalla, Mike Hildick and Tristan Moreland all offered to come to Tucson with their squirrel rifles and figure out who did it and did so with the support of their families.

 

They didn't want or need permission to do the right thing. This collection of men were not the most loved by ATF but, they were my Angels. That is one of many reasons why my love for them is so strong and why my loyalty for them is undying. I have truly been blessed to have lived in the Company Of Heroes.

 

Fight on Patty. We love you back as much as you have loved us. God speed and blessings on you and Gina Kelly.

 

 

 




#6667 Grapevine

Posted by Retired Agent Jay Dobyns on 12 March 2015 - 11:11 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.

 




#6663 Grapevine

Posted by Retired Agent Jay Dobyns on 06 March 2015 - 09:35 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.




#6652 New Whistleblower Caucus

Posted by Retired Agent Jay Dobyns on 26 February 2015 - 08:18 AM in Specific Acts of Unlawful Reprisal Against ATF Agents, Employees & Whistleblowers.

This is a joke.  I read the attached report.  Its bullshit.  Every page.  The whistleblower laws don't work.  At ATF the laws and policies hold no meaning.  When the laws are violated there is no repercussion.  Congress could give a shit about the whistleblowers and uses them as free sources of information and then does nothing to protect them.  Its a one way street.  Tell me when any of the rhetoric in the report has ever been put into play.  Maybe in the John Dodson example but everyone else has been crushed and Congress just watched.  They can put their caucus together and talk and talk about it but until they do something and make someone pay for violations the B. Todd Jones's of government are only further empowered to destroy people.  The truth is the truth is the truth. It will be the truth today and will remain the truth for all of time.  That is all we have to protect us.




#6646 Grapevine

Posted by Retired Agent Jay Dobyns on 24 February 2015 - 01:18 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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




#6644 Grapevine

Posted by Retired Agent Jay Dobyns on 24 February 2015 - 04:21 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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/

 




#6639 Grapevine

Posted by Retired Agent Jay Dobyns on 14 February 2015 - 09:35 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.




#6635 Grapevine

Posted by Retired Agent Jay Dobyns on 11 February 2015 - 12:29 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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

 

 

 




#6631 Grapevine

Posted by Retired Agent Jay Dobyns on 06 February 2015 - 02:56 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.

 




#6630 Grapevine

Posted by Retired Agent Jay Dobyns on 06 February 2015 - 01:15 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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




#6629 Grapevine

Posted by Retired Agent Jay Dobyns on 06 February 2015 - 12:14 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.

 

 

 

 

 




#6627 Grapevine

Posted by Retired Agent Jay Dobyns on 04 February 2015 - 10:10 AM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.

 




#6624 No New Undercover Agents for ATF

Posted by Retired Agent Jay Dobyns on 02 February 2015 - 11:26 AM in "Operation Fast & Furious", "Operation Wide Reciever", "Project Gunrunner", "Operation Castaway", et al.

I considered it my honor to meet those young agents.  Everyone of them was squared-away, dignified and what I hope to see in our future.  They were really fun to chat with and as best I could tell, none of them were drinking anyways.  I know because I offered to buy each of them a drink and they all declined.  They were all full of energy, excitement and high hopes for their futures.  They each took the time to introduce themselves to Pat Kelly and tell him where they were assigned.  I made it my point to tell them what a privilege it is to carry an ATF badge and that they had joined the best agency in federal law enforcement.  I was proud to see 'my' agency being passed to such a cool group of young men and women.  What they witnessed that night went far beyond policies and procedures.  They saw a group of vets who truly love, respect and admire each other, long after their days in the sun had passed.  I hope their individual take-a-ways was that in spite of the bullshit we all face on this job, what endures is the friendships.




#6619 Grapevine

Posted by Retired Agent Jay Dobyns on 01 February 2015 - 01:23 PM in General ATF Current Affairs, News, Policies, Scuttlebutt, etc.

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.

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