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Brian Terry (courtesy Brian Terry Foundation)

“My hopes are that the trial judge will deny the United States motion to hide the known connection between ATF’s Operation Fast and Furious and Brian’s murder,” whistleblower and retired ATF agent Jay Dobyns told The Truth About Guns following a News 4 Tucson report that federal prosecutors are trying to keep details about Operation Fast and Furious “gunwalking” out of the murder trial of two men accused of killing Border Patrol Agent Brian Terry . . .

Dobyns is the whistle-blowing agent who gained notice 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.” That resulted in death threats against Dobyns and his family, and his home being destroyed in an arson fire after ATF withdrew his cover identity and reneged on protection agreements.

He has since been the subject of reports focused on retaliation against him for coming forward with information exposing official wrongdoing, and his lawsuit, wherein the judge concluded government prosecutors had committed “fraud upon the court” for witness intimidation and withholding information. He was also instrumental in providing background information on management personalities and practices involved in the Operation Fast and Furious “gunwalking” scandal.

“The argument that the rip crew would have obtained guns somewhere and would have ambushed Brian and his BORTAC team anyway had ATF not been involved is likely true,” Dobyns told TTAG. “But, the dirty little can-of-worms secret that DOJ and ATF wants buried and forgotten is that ATF was involved and did ease and assist the arming of narco-traffickers with ‘assault weapons.’ Thousands of them. The very federal agency tasked to prevent drug traffickers from obtaining firearms instead helped them.

“DOJ and ATF want the American public, and now the judge, to pretend our government’s direct involvement in the death of an American hero is irrelevant,” he explained. “How convenient.

“If I had my way, the ATF agents and managers who helped arm the rip crew defendants that killed Brian and the DOJ executives who turned a blind eye to the gunrunning would be on trial right alongside Ivan Soto Barraza and Jesus Lionel Sanchez Mesa,” Dobyns concluded. “They may be less guilty than the drug runners, but not a lot less. They just happen to work for the DOJ and when you have that going for you crimes are given a free pass.”

UPDATE: TTAG just received the following comment from Vince Cefalu, who as a special agent and whistleblower was himself subject to prolonged retaliation and an illegal termination attempt:

There is only one reason the US Gov. would care about the facts surrounding the guns. It could revive public and Congressional interest. It could also expose Holder and DOJ and a whole slew of senior ATF managers for their part in the cover-up. It could also expose many of them to subpoenas, thereby exposing the level of corruption then and now.

UPDATE From News 4 Tucson: Border Patrol Union calls for gunwalking scandal details to be included in slain agent’s murder trial

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  1. The trial judge determines the relevancy of evidence, and is rarely overturned on that score on appeal. It’s up to the lawyers to convince him that bringing ATF into the context will aid the jury in its deliberations. I hope they can, and are able to embarrass ATF.

  2. Don’t prosecutors generally try to stack on damning evidence instead of suppress it? Seems that being able to prove unequivocally that the weapons were acquired illegally would be very valuable in proving intent. I’m no lawyer so I likely have my terms wrong, but burying evidence to the benefit of the defense, simply because the defense won’t object seems to fit the term proprietorial misconduct in my book.

    • I think it depends on whom the evidence is damning. It might help their case against the accused murderers, but it makes an even more damning case against the government — usually people try to avoid to avoid doing that to their employers in public.

    • If DOJ/ATF directs the delivery of the guns, how can we say the guns were obtained illegally? That would be the most fun testimony to hit the front page in decades.

    • Well, it is not like the prosecutors need any additional evidence. I’m sure they have more than enough already to convince the rip crew to take the DA’s deal and plead guilty to jaywalking AND double parking.

  3. “The consequences of the behavior of the BATF in these kinds of cases . . . is that they are not trusted. They are detested, and I have described them properly as jackbooted American fascists.”

    Rep. John Dingell (D-MI)

    More true today than it ever was. Dobyns risked his ass for those fascists, and they hung him out to dry. Terry risked his ass too, and the ATF killed him. Cefalu told the truth, and the ATF canned him. Because if you’re a jackbooted American fascist, that’s what you do.

    • “The consequences of the behavior of the BATF in these kinds of cases . . . is that they are not trusted. They are detested, and I have described them properly as jackbooted American fascists.”

      Rep. John Dingell (D-MI)

      Whoa! A “D” said that? Mind: BLOWN!

  4. I don’t think you can put an agency on criminal trial for anything. Criminal charges have to be brought against an individual.

    • Spot on. Let’s see what evidence the whistleblower can muster, because right now he has only accusations. For a crime, you need capacity and motive; so far no motive that is credible had been documented

    • Individuals from govt agencies are put on trial on a fairly regular basis for their actions. The agency itself ought to be investigated and abolished anyway.

  5. Completely agree. As Bastiat argued long ago, if individuals can be punished for a crime, the state should be unable to commit the same act. When there is a double standard cases like Terry’s take place.

    Great exclusive!

  6. No, you don’t have to charge an individual, you can in fact charge an organization with criminal activities. It’s called the RICO act. The problem is finding a federal prosecutor who will charge a federal LE agency.

  7. Second attempt at posting after a popup from your site’s “sponsors” subjected me to a porn video with Oprah Winfrey’s face morphed onto one of the participants.

    I started a page calling for the ATF to be prosecuted for Agent Terry’s murder when it occurred. I was a law studio in Chicago at the time, and my law school was fascinated by the possibilities here. I closed the group after it began to attract some unpleasant membership, and, I left law school to pursue other interests. That said, there is scope to prosecute everyone who ordered Fast and Furious (originally named “Operation Gunrunner,” and then renamed to make it appear less vicious after Agent terry’s murder) under Tort law. I am not sure that that will ever happen, though. No one can realistically expect legal honesty in the matter from our current administration, and, even if a Republican takes the White House in the future, the tendency is to let bureaucratic misdeeds go unpunished. Even when those misdeeds result in the murder of an officer working to serve the country.

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