Former ATF agent and whistleblower Jay Dobyns filed objections Thursday to a report from a special master appointed to review allegations of government misconduct arising from his case against the Bureau. As reported in this column, Dobyns had sued his former 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 ATF withdrew his cover identity following his undercover investigation of the Hells Angels. Senior Judge Francis M. Allegra [above] of the United States Court of Federal Claims had characterized the behavior of Department of Justice and ATF attorneys as . . .
“fraud upon the court,” after allegations that they had engaged in witness intimidation and withholding information from the court emerged. Judge John M. Facciola was appointed as special master, with specific instructions which Dobyns insists were ignored.
Among other arguments raised in Dobyns’ objection is Facciola used the wrong standard of review, he refused to consider misconduct allegations and his report contains legal and factual errors. As such, the court is being asked to “entirely reject the Special Master Report for any of the several independent and sufficient reasons set forth herein.”
“If you publicly call out our government they will use infinite financial and manpower resources with unlimited time in the courts to break your spirit and your bank,” Dobyns explained to this column. “They don’t win against us on truth or justice. They win because they get challengers to give up or go bankrupt.”
Supporting exhibits were also filed with the objections, including depositions from Dobyns and his attorney James Reed, as well as relevant email correspondence and court filings that have recently been ordered unsealed.