Government Attorneys Guilty Of Fraud In Dobyns Case
BY Herschel Smith
9 years, 10 months ago
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.
I encourage readers to study David’s other research into the Dobyns case linked at this article. This is extremely serious stuff. First of all, it demonstrates a complete lack of professional ethics and personal moral compass. But on top of that, this is criminal activity, and if it can be proven to the standards of the American Bar Association, they could be disbarred. Finally, if it can be proven beyond a reasonable doubt, they could face criminal penalties.
This is a very big deal, and it goes to show the lengths that the government went to cause disrepute on Mr. Dobyns. The Arizona Daily Star reporter that David cited can’t fathom why the justice department would have gone to these lengths in a simple contractual dispute. The answer is that this is more than a simple contractual dispute. This goes to the entire obscene connection of the government with running guns to the Mexican cartels in order to justify more gun control for Americans. They tried to ruin this man’s reputation and destroy his life.
It’s a picture of a failed state, because the government has lost the mandate of heaven. It cannot be entrusted with even the most basic safety, health and welfare of society. The federal government has itself become a criminal cartel.
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On January 26, 2015 at 2:16 am, Jhn1 said:
I would bet that the various Federal authorities are eagerly awaiting the calendar to make the whole issue moot. But that does not have to happen. A judge can freeze the calendar as regards the various statutes of limitations, and while IANAL Michigan refers to that act by a judge as “tolling” or freezing the calendar as of the date filed.
On January 26, 2015 at 8:11 am, MattBracken said:
This is the predictable outcome of a gangster government assisted by a collaborating media.
I wrote this piece about Fast and Furious 2 years ago, on the day Andrew Breitbart died, possibly of a heart attack, possibly with help.
“Gangster Government and Sakharov’s Immunity.”
http://enemiesforeignanddomestic.com/index.php?page=gangster
This one is more recent, it’s a review of Atkisson’s amazing “Stonewalled” and a comparison to Larson’s “Garden of Beasts.” We are much further down the road to tyranny than most people suspect.
“Stonewalled in Obama’s Garden of Beasts.”
http://www.freerepublic.com/focus/bloggers/3230430/posts?page=12“
On January 26, 2015 at 8:56 am, Lina Inverse said:
“This goes to the entire obscene connection of the government with running guns to the Mexican cartels in order to justify more gun control for Americans.”
I wasn’t aware of any direct connections. He posed as gunrunner in his undercover investigation, and has criticized for example Fast and Furious (as plenty of other ATF agents have, it goes against one of their commandments), but otherwise it strikes me as “the ATF being the ATF” case. Any involvement with the ATF has a significant chance of them eventually turning on you and trying to destroy you and often your family.
I suppose the other connection would be that none of us familiar with the ATF’s depravity since the 1970s was at all surprised to learn about Fast and Furious.
On January 26, 2015 at 9:45 am, Ned Weatherby said:
I have seen documented perjury by federal agents in court. Nothing ever happened to the perjuring agents, and the judge “didn’t see anything wrong.” With perjury. Supported by documentation written by the perjurer. I’ve also seen documented felonies committed by DOJ lawyers, while said lawyers were working on prosecuting a felony purportedly committed by a mere citizen.
Until we can repair the grand jury system, amongst other things, by passing “Herschel’s Law” (reference here) – http://www.captainsjournal.com/2014/12/09/illinois-general-assembly-revives-recording-ban/ – nothing will happen to federal actors who injure and murder American citizens.
Let’s just hope government lawyer’s egregious conduct in the Dobyns case is different.
On January 26, 2015 at 9:45 am, boogyoogyoogy said:
“It’s a picture of a failed state, because the government has lost the
mandate of heaven. It cannot be entrusted with even the most basic
safety, health and welfare of society. ”
Your conclusion is entirely accurate!
Unfortunately, the people of this country are being assiduously “protected” from this knowledge at every turn by the media and BOTH political parties.
On January 26, 2015 at 10:23 am, Ned Weatherby said:
I’m not so sure that the problem is Progs and Conservatives being protected from knowledge – although I know a number of folks rely exclusively on MSNBS or Fox News for their information, and believe it all to be true. I see the problem in both camps in the seed of the larger problem lies in the correlation between both Prozi’s and Conservative’s and their blind belief, subservience and acquiescence to, authority.
You can listen to, for instance, Sean Hannity’s unquestioning and goosestepping support for any police officer who shoots an unarmed citizen, and his berating anyone who alleges a “conspiracy theory” other than the explicit narrative supplied by the government on most any subject. On the flip side, one can listen to the likes of Rachel Madcow’s obsequious, utopian support, for any and all things government – especially when it’s “her side” who is running things.
In federal trials, the DOJ trial attorneys are polished and impressive to the jurors, who have taken an oath to follow unlawful jury instructions directed to them from the judge. Obviously, none of the jurors are even qualified to be on a jury if they don’t understand the historical implications of nullification. How many times have we seen tearful jurors who found a “mere citizen” guilty, then discovered the draconian sentencing, whining that the defendant “didn’t deserve that” but because they had to “follow the judge’s instructions”, they were compelled to find the defendant guilty.
I believe that some of this submissive compliance is due to God being nowhere to be found in people’s lives. But generally, churches demand greater control of their flock by the state – some demanding more gun control by government, some demanding government protections against some perceived threat, and others giving thanks for all our government “protection.” Part of that is due to religious institutions being 501(c)(3) corporations, which are creatures of the state.
The problem is with the people who cede control to the government, allowing them the latitude to do as they wish. Anyone who is injured due to that power “must be a bad guy” or “have something to hide.” I could go on and on, but that’s my view.
On January 26, 2015 at 11:31 am, Billy Mullins said:
I have sat on a jury where none of liked the judge’s instructions but were forced to follow them. It was a civil jury and none of us really wanted to find against the defendant. Unfortunately, we believed we had no choice given the instructions and definitions given us by the judge. But we still managed to be “fair”. While, under the Judge’s instructions, we had no choice but to find for the plaintiffs, we gave them pretty much squat.
Most people don’t know this but defense attorneys and even prosecutors can harass jurors after their work is done. I spent a week in hospital with heart problems (it was Oct of 07 and my heart has not beat properly since) and two days after I got home the defense bitch was calling and harassing me. She accused me of engaging in jury misconduct and hauled me into court to give me the 3rd degree in front of witnesses and a judge. Nobody told me it wasn’t a crime and I worried aloud about my rights since I didn’t have counsel. Then I got mad and started asking the lawyer questions – from the stand! She tried to object but the judge said she couldn’t since I was HER witness! Eventually the bitch, reduced to tears, begged the judge, “Please make him stop, Your Honor.” The judge leaned over to me, put her hand to her mouth and said, “I’ve heard all I need to. Give her a break.” Then she straightened up in her chair and said she had heard enough and that I was excused. She also assured me that “jury misconduct” was purely a procedural matter and there could be no criminal prosecution or even civil followup. When I got home I looked up “jury misconduct” as a procedural thing and within 15 minutes had found SCOTUS definition of “jury misconduct” and realized it was not something a juror could do but only one or other of the two sides. Wish to hell the prosecution had told me that before I went in that day.
Ned, I’m a conservative but I have never been one to meekly submit. I resent – bitterly – your characterization of conservatives.
On January 26, 2015 at 11:49 am, Herschel Smith said:
I don’t think Ned is making sweeping judgments, but is speaking in a normative sense. Nevertheless, yours is an interesting anecdote. I’ll remember that if I’m ever on a jury. I haven’t been called thus far. I suspect when lawyers find out I’m an engineer they’ll dismiss me. They usually do for my colleague engineers. Very few engineers sit on juries.
On January 26, 2015 at 11:56 am, Ned Weatherby said:
Trial lawyers typically hate people who, for work, rely upon facts and logic – and who thus will not likely be convinced by a lawyer’s pernicious characterizations.
On January 26, 2015 at 11:52 am, Ned Weatherby said:
I’m also a conservative. But really – check out some of the knee-jerk
comments on some sites. I read a page recently where a fellow found a
way to get past a so-called “sobriety checkpoint” without opening his
car window. I read comments by “conservatives” decrying his “anarchy”,
and others went so far as to say police can search their house anytime
because they have nothing to hide. I had a brother killed as a
pedestrian by a drunken driver. I don’t like drunken drivers, but I like
even less the erosion of our rights. Incidentally, if you had actually
read up on “jury misconduct” or anything relevant to the case you were
hearing – after you were sworn in as a juror, and the court learned of it – you could have been jailed for contempt. There was a case in Colorado where a woman was jailed for contempt for not revealing information regarding a question she was not asked in voir dire.
As to your bitter resentment – try not to be so sensitive. If the shoe doesn’t fit, it’s not directed at you. And I fixed the offensive sentence. Hope that helps. But really – you don’t know of, and have never met, that type?
On January 26, 2015 at 2:26 pm, Billy Mullins said:
Ned, the jury misconduct thing came up AFTER the trial. I had tried to ask something of someone in the cafeteria and somehow the bitch heard about it and tried to use that as a basis to appeal. As a matter of fact, according to SCOTUS, jury misconduct can only happen when one side or the other attempts to contact a juror ex parte during a trial or, possibly if a juror approaches one side or the other. I did or participated in neither. I did ask someone something COMPLETELY UNRELATED to the case. I cannot speak to Colorado law but in Texas jurors are not restricted from speaking to anyone so long as they are not directly talking about the facts of the case being heard. Even then it is not a criminal matter until and unless it can be proven that the Juror actively sought to be tampered with or some tried to get them to rule a certain way. I tried to find out what “jury misconduct” was before the hearing to which I was summoned. Unfortunately I only searched in the context of a criminal statute. AFTER I was on the stand being grilled and having NO ONE to look out for me I found out about it being a procedural matter. After getting back home, 10 minutes online looking for it as an administrative matter I was able to find SCOTUS’ definition and realized that it did not/COULD not possibly apply to me.
The entire concept of a “Justice” system is fundamentally flawed. I am reliably informed that it is impossible to derive a rigorous definition of the word “justice”. If that is the case (and I, for one believe that it is) then it is impossible to dispense “justice” since the very word is a semantic null. It is exceedingly difficult to achieve a poorly defined goal and even MORE difficult if you actually achieved said goal.
Think about it, Ned.
You are tried in a GOVERNMENT building
With a GOVERNMENT lawyer sitting as Judge
Tried by a GOVERNMENT Prosecutor
Guarded by an armed employee of the GOVERNMENT
and
Defended by a lawyer working under a license issued by the SAME GOVERNMENT which seeks to deprive you of liberty, property or both.
Why do you suppose it is that prosecutors nation wide have a 97% conviction rate? Because they’re all that good? Excuse me? Since when have the brightest and best EVER been prone to go into government work?
I believe that all defendants – civil or criminal – should have to enter a courthouse through a designated door over which is deeply inscribed in the most adamantine stone available
“Abandon hope, all ye who enter here.”
On January 26, 2015 at 8:30 pm, Ned Weatherby said:
Billy – believe me, I’ve been there. I worked on, and in, federal criminal trials. And I didn’t have heart problems – but I assure you if I’d stayed, I’d have by now. I hate to say it, but most people don’t give a crap about other folks heath problems. I’d say I can’t believe they wouldn’t release you from the jury when you had that condition, but honestly, it’s typical. I even worked in jury selection on one case.
The reason I commented this morning, instead of after work – I was trying to get in touch with several referred surgeons – and not for fun. So, believe me – I’m empathetic to your health issues.
Your post helps illustrate my point(s) made (probably too many times) on The Captain’s Journal and elsewhere that the legal system is corrupt. (I refuse to refer to it as a “justice system.”
I worked in that venue for a while, and, believe me – it’s meant to intimidate the hell out of the hoi polloi. It intimidates the hell out of lawyers – even the ones who are supposed to be one’s advocate.
We seem to be on the same page – I was in a hurry this morning, and likely didn’t elucidate my points properly. I’ve read a number of your posts, and up-voted your comments for a reason.
I’ll tell you why prosecutors have the conviction rate they have. Their office is down the hall from the prosecutors office. And – no – it’s not the “best and brightest.” They win cases, at the federal and state level, because they cherry pick cases to establish precedent. They’ve been doing that for 150 or so years. They also have prosecution manuals built over time, so all agencies with Special Agents follow a formula to bust citizens.
The “patriot” side hasn’t helped with precedent. BS like the Sovereign Citizen movement, etc, etc, telling people they can go into what is a rigged game, not knowing the rules, and plead crap like: I don’t recognize your authority; There’s a fringe on the flag which means this in an admiralty proceeding; That’s not me – my name is in all capital letters; I dishonor your presentment under § 3-501 of the Uniform Commercial Code (regarding service of process); We have a contract with the Government when we accept a Social Security Number – the bogus arguments are endless etc. and, people from the patriot community who are desperate, purchase and use these arguments because they are assured that if they do, they can walk away free.
There’s a plethora of case law and Attorney’s General position papers on how to deal with someone who uses these destroyed “patriot” arguments. One’s hardly “sovereign” when he’s inhabiting a prison cell. For anyone interested, here a link to a destroyed arguments page by an attorney I used to wok with several decades ago: http://home.hiwaay.net/~becraft/
Undoing that case law is one way. Herschel’s Law – repairing the Grand Jury system, is another way
But I digress.
I understand that your matter came up after trial. I was just making the point that if one tries to educate one’s self on the law or sentencing guidelines during trial (we can’t do THAT we just aren’t as intelligent or educated as the judge and lawyers) and are found out, one would be held in contempt. Incidentally, here’s a link to an article regarding Laura Kriho – the juror I referred to above: http://norml.org/news/1996/09/05/juror-held-in-contempt-after-refusing-to-convict-drug-offender
The way lawyers see it, you’re encroaching on their exclusive, private club, if you attempt to educate yourself.
Again, maybe you don’t see it the way I do, but I see either no, or very minor, disagreements in our thinking and opinion of the legal system.
I believe you’re on the right track with your way of thinking.
Re: Your heart matter – have you ever had your thyroid checked by and endocrinologist to see if you’re hyperthyroid? Mine went crazy – with me ending up in the hospital. Looks like, during a thyroid storm, if I’m hooked to a heart monitor, I’m having a heart attack, (which I’m not) – but it’s hyper, then hypo, thyroid, caused, I finally learned, by cancer. Thyroid conditions aren’t necessarily found by standard blood work.
Herschel -not meaning to hijack this comment thread. Billy – you can send hate mail or comments directly to me at: Betternedthandead AT yahoo DOT com.
Besides – I could write a novel about this crap, so I go on, and on…
I’ll tell you what – I would add only one thing to your courthouse inscription: “Abandon (all) hope, all ye who enter here.”
On January 26, 2015 at 10:25 am, bondmen said:
I like how Mike Vanderboegh summarized BATFE’s actions in this case: “The federal government has itself become a criminal cartel.”
Liberty is in peril until all law breakers are held to account for their crimes!