Jay Dobyns may win the lottery yet.
Dobyns, for those who have just recently arrived on the motorcycle outlaw frontier, is the ATF antihero who participated in an undercover investigation of the Sons of Silence Motorcycle Club which might have been the single most half-assed undercover investigation ever; opened a Guns R’ Us Franchise in Bullhead City, Arizona after a Hells Angel named Michael Kramer killed a woman named Cynthia Garcia and made an informer’s deal with the ATF; had a couple of drinks with a couple of Hells Angels in the old Flamingo in Laughlin the night of the great biker brawl in April 2002; entrapped some guys; survived his descent into the nether regions where no sane man would dare venture; did not do those drugs or have sex with those women; was almost a Hells Angel as one “almost” flies by flapping one’s arms; became cop of the year; wrote a book and was the subject of a couple more; was almost portrayed by Johnny Depp in a major motion picture; became very afraid that the Hells Angels might exact a terrible revenge on him and was nervous about the level of protection he was afforded by his employer; was disrespected; almost had to move to Guam; did a lot of TV; sued the ATF and settled; suffered a mysterious house fire; sued the ATF again for a lot of money; and he sort of lost but not quite.
It has been widely publicized that the Hells Angels Motorcycle Club was somehow responsible for the fire at Dobyns home but Dobyns told The Aging Rebel “I have never said to anyone publicly or privately that the Hells Angels burned my house down. Find where I have. I have said that ATF let someone get away with it and in the process also get away with attempting to murder my family. Believe it or not but my beef is not with the Hells Angels. They are in my rear view mirror. My beef is with ATF.”
According to Dobyns, an ATF supervisor “stated in front of multiple witnesses on multiple occasions” that “Dobyns is mentally unfit for duty,” and “Dobyns is broken.” The supervisor also allegedly said “it is my duty to see that Dobyns is removed from…this agency.” Also allegedly, an ATF Internal Affairs Investigator classified Dobyns as “certifiable.”
When The Aging Rebel asked Dobyns, “Are you mentally and emotionally fit?”
Dobyns replied, “Maybe.”
There is more. There is very much more. If you care about this guy watch Fox News. You’ll see him eventually. Or you can search this site for “Jay Dobyns” and then read for the next couple of days.
Last August 25, after a mostly secret six-year-long lawsuit and a four-week-long, bicoastal, secret trial in the summer of 2013, a Federal District Judge named Francis M. Allegra ruled that everybody had to kiss their sisters. Allegra ruled the Bureau of Alcohol, Tobacco, Firearms and Explosives owed Dobyns $173,000 and Dobyns did not owe the ATF anything. Dobyns had sought $7.2 million for pain, suffering and emotional distress and an additional $10 million for “economic damages.” The ATF wanted every penny Dobyns had made from his book No Angel: My Harrowing Undercover Journey To The Inner Circle Of The Hells Angels. The trial was secret at Dobyns insistence. The government wanted to open the doors to the public and the press.
When Allegra finally made his ruling public in the middle of September, childish and naïve law enthusiasts thought that might finally be the end of it. But of course there was more. With Jay Dobyns there is always more. The government appealed Allegra’s decision on October 24. Allegra responded with a sealed order. Dobyns appealed the ruling on October 27. Allegra responded to that by voiding his decision on October 29.
Transparency In Government
Allegra, as he has for years, played it pretty close to the vest. Lawyers might make something out of his official notice: “On August 25, 2014, the court issued an opinion in the above case. On August 28, 2014, a judgment was rendered under RCFC 58. On October 24, 2014, defendant filed a notice of appeal. On October 27, 2014, plaintiff filed a notice of cross-appeal. On October 29, 2014, pursuant, inter alia, to RCFC 1 and RCFC 60, the court voided the prior judgment. The court indicated that it would issue appropriate orders establishing a schedule for further proceedings in this matter.” Typically, Allegra didn’t make that notice public for a week.
There have been 16 sealed filings in the case, which is still officially listed as closed, in the last 17 days. The filings portray the federal courts as a figment of Lewis Carroll’s imagination or maybe as something Robert Louis Stevenson might have dreamed up on about day ten of one of his cocaine binges.
On November 6 the government filed two sealed motions to vacate sealed orders 298 and 300. The government then withdrew the sealed motions to vacate the sealed orders on November 12 and 13. There were a couple of furious days when sealed motions to vacate sealed orders and rulings were filed by both sides. On November 13 there was an order to make something that hadn’t previously been part of the record part of the record. In the last week there have been more motions to “alter or amend” the vacated judgment. Dobyns filed one of those on November 19 and the government has until December 8 to respond.