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FBI

Agent Tangles With ATF Over Troubles With Hells Angels

Jay Dobyns/his website

Jay Dobyns/his website

By Allan Lengel
For AOL News

WASHINGTON — From one vantage point, Bureau of Alcohol, Tobacco, Firearms and Explosives agent Jay Dobyns still worries about the Hells Angels coming after him. From another, it’s his employer he’s more concerned about.

Dobyns infiltrated the Hells Angels from 2001 to 2003 in Arizona and wrote a New York Times best-seller about it last year. But now he’s locked in major legal fisticuffs with the ATF.

A $4 million lawsuit filed by the 23-year ATF veteran says the agency failed to abide by a 2007 written contract to protect him and his wife and two children against death threats from the Hells Angels. The suit, unfolding now in the U.S. Court of Federal Claims, also says the agency failed to stop subjecting him to a hostile work environment for complaining about his safety.

In August 2008, Dobyns’ Tucson, Ariz., home burned to the ground in an apparent arson. Two months later, he filed the breach of contract lawsuit. He currently lives out West with his family and works for the ATF as a program manager in the National Integrated Ballistic Information Network.

“I honestly think at this point ATF has no idea how to handle threats against employees,” the 48-year-old agent said in a phone interview with AOL News. “Their solution is to write a check and transfer the agent.”

“I’ve been harassed since I voiced a complaint with the agency that they were ignoring their obligations” to protect him and his family, he said.

On Jan. 15, Judge Francis Allegra ruled that the breach-of-contract case should move forward. The Justice Department and the ATF filed a counterclaim two weeks later saying it was Dobyns, not the government, who was in violation of the contract and asking that the case be dismissed.

The counterclaim said Dobyns had violated agency rules by failing to get permission before he published a book in 2009, “No Angel: My Harrowing Undercover Journey to the Inner Circle of the Hells Angels,” and signed movie rights with MGM. The Justice Department has asked the judge to rule that Dobyns must forfeit all the proceeds from his outside projects to the government.

Dobyns insists he had been given approval.

The ATF declined comment. A Justice Department spokesman said today that the department had no comment.

The fall from hero to heel in the ATF came in measured steps. In 2001, Dobyns, with shaved head and a generous stream of tattoos, went deep undercover — meaning he stayed in character 24/7 and didn’t go home at the end of the day. He infiltrated the Hells Angels in what was called “Operation Black Biscuit.”

“I wanted to do it,” he recalled. “No one held a gun to my head. I jumped at the job.”

From 2001 to 2003, he barely saw his wife and two children. Every day was frightening, he said.

“Absolutely. You have never-ending paranoia: ‘Have I made a mistake that I’m not even aware of?’ These are violent dudes, and if they find out that you’ve betrayed them, they’re going to put a box cutter to your throat and that’s the end of that.”

The gang was about to make him an official member, he said, after he and a colleague staged a fake murder of a rival bike gang member. Instead, the probe ended with indictments of more than a dozen Hells Angels. The charges ranged from murder to rape.

The prosecution was less successful. Some pleaded guilty, and lesser sentences were handed down. In some cases, the charges were dismissed altogether. Dobyns said internal disputes between prosecutors and the ATF over presenting evidence and exposing informants weakened the case.

After coming out of the deep undercover role, Dobyns said he became the ATF’s “golden boy” for his heroic work. But when he started complaining about the ATF’s lax response to threats, he suddenly became a malcontent and traitor.

The first reported threat came in 2004, according to his lawsuit, when a Hells Angel member in Tucson saw him on the street and said that he knew where Dobyns lived, that he had a wife and kids and that he was “going to get hurt.”

The same year, the suit says, a confidential source had a cellmate in Arizona, a Hells Angel whom Dobyns had put away, who wanted to murder Dobyns. In another instance, Dobyns said, prison officials intercepted a letter from a gang member who said he wanted to rape Dobyns’ wife and make Dobyns watch the videotape before he killed him.

Dobyns wanted the ATF to act, but he said the agency told him not to worry and that the man was behind bars.

“ATF didn’t not only knock on the guy’s jail bars, they ignored it,” he said. “Their response to me was ‘Don’t worry about it, this guy is locked up.'”

Dobyns said his reaction was “Are you kidding me? This guy has connections on the outside.”

By contrast, he said, the FBI would send someone to top mob guys after undercover agents were done with a case and say, “Those are our guys. They’re hands off. They better not receive a call at the house.”

Dobyns filed grievances internally, complaining of ATF’s lax response to the threats. He said the government moved him four times. He moved an additional seven times with his family at his own expense, “hoping to break the paper trail as to where I was at.”

Allegra, in his January ruling, noted that the Office of Inspector General at the Justice Department “opined that ATF should have taken threats against Agent Dobyns and his family ‘more seriously'” and that the agency “needlessly” delayed responding to them.

In 2007, ATF entered into a contract with Dobyns that promised to provide better protection and a hostile-free environment. It also agreed to give him $373,000 for all his troubles.

The next year, his Tucson home burned down at 3 a.m. one August night. His family escaped unharmed. He was in Phoenix at the time. In his suit, he says the ATF took over the case from the local sheriff’s department, but it did hardly anything before turning over the matter to the FBI.

Dobyns is quite certain it was the work of the Hells Angels. Since then, he said, he hasn’t received any real threats.

“I have concern for my life,” he said. “I’ve seen firsthand the violence and intimidation. I lived with it. I do not underestimate them. I don’t slough them off. But if I allow them to have me live in fear, then they’ve won. Then I’m Osama bin Laden living in the cave.”

As for his $4 million lawsuit, he said, “There’s not enough money in ATF’s budget to repay me for how my family has suffered.”

FBI and Justice Likely to Consult With Intelligence Community on Miranda Rights

intelligenceBy Allan Lengel
ticklethewire.com

WASHINGTON — After all the unnecessary political grandstanding, the administration is doing what it probably would have done anyways in the wake of the Christmas Day bombing incident.

The Washington Post’s Walter Pincus, one of Washington’s premier reporters, writes that the Justice Department and FBI will “consult with the intelligence community on information about terrorism suspects arrested in the United States before deciding whether to read them their Miranda rights under a plan now under review in the White House, according to senior administration officials.”

“We are analyzing lessons learned [in the Detroit Christmas Day case] with the goal of ensuring full information from across the government is available to law enforcement personnel on the ground as they conduct interrogations and make decisions on how to handle terrorist suspects,” a senior official said Friday, according to the Post.

To read more click here.

Weekend Series on History: A 1951 Feature on the FBI

httpv://www.youtube.com/watch?v=x9Gbc1eBdNI

Column: Ex-FBI Agent Says Prosecuting Terrorists in Civilian Courts is “Often More Effective”

Khalid Sheik Mohammad

Khalid Sheik Mohammad

Ali Soufan was an FBI special agent from 1997 to 2005.

By ALI H. SOUFAN
New York Times Op-Ed

SINCE Mayor Michael Bloomberg of New York announced that he no longer favored trying Khalid Shaikh Mohammed, the self-proclaimed 9/11 mastermind, in a Manhattan federal court because of logistical concerns, the Obama administration has come under increasing attack from those who claim that military commissions are more suitable for prosecuting terrorists. These critics are misguided.

As someone who has helped prosecute terrorists in both civilian and military courts — I was a witness for the government in two of the three military commissions convened so far — I think that civilian courts are often the more effective venue.

In fact, the argument that our criminal justice system is more than able to handle terrorist cases was bolstered just last week by revelations that Umar Farouk Abdulmutallab, the so-called Christmas bomber, is cooperating with the authorities.

To read more click here.

Column: Ex-Atty Gen. Mukasey Continues to Offer Criticism About Christmas Day Bomber

Michael Mukasey is a former N.Y. federal judge who served as the U.S. Attorney General from November 2007 to January 2009.

Atty. Gen. Mukasey/doj photo

Atty. Gen. Mukasey/doj photo

By Michael B. Mukasey
The Washington Post

It seems to me unlikely that Umar Farouk Abdulmutallab will be known to future generations of lawyers for generating any groundbreaking legal principle or issue. But when it comes to illuminating our public discourse about the “global war on terror,” he is right up there with Clarence Earl Gideon, Ernesto Miranda or even Jose Padilla. His case presents in one tidy package virtually all the issues that arise from the role intelligence plays in this struggle and compels us to examine what the law requires and what it doesn’t.

When Abdulmutallab tried to detonate a bomb concealed in his undershorts, he committed a crime; no doubt about that. He could not have acted alone; no doubt about that either. The bomb was not the sort of infernal device readily produced by someone of his background, and he quickly confirmed that he had been trained and sent by al-Qaeda in Yemen.

What to do and who should do it? It was entirely reasonable for the FBI to be contacted and for that agency to take him into custody. But contrary to what some in government have suggested, that Abdulmutallab was taken into custody by the FBI did not mean, legally or as a matter of policy, that he had to be treated as a criminal defendant at any point.

To read more click here.

FBI Raids Southern Christian Leadership Conference

dayton

By Allan Lengel
ticklethewire.com

The FBI on Thursday searched the offices of the Southern Christian Leadership Conference in Dayton, Ohio and the home of the national chairman Rev. Raleigh Trammell, who has been under investigation for allegedly embezzling $569,000, All Headline News reported.

The news service noted that the raid came “a few days after the SCLC national board had accused Trammell of mishandling funds.”

It also said agents “seized a computer and several boxes from Trammell’s home and also seized similar items during a search of his daughter’s home.”

Student Detained at Philly Airport for Arabic Flash Cards Sues FBI and TSA

philly airportBy Allan Lengel
ticklethewire.com

Some Arabic flashcards are at the center of a lawsuit against the FBI, police and the Transportation Security Administration.

The Associated Press is reporting that a student is suing the agencies after he was handcuffed at Philadelphia International Airport in August and questioned about his Arabic flash cards.

The AP reported the American Civil Liberties Union filed the lawsuit on Wednesday on behalf of Nick George, 22, of Wyncote, Pa.

It alleges that George, who studies Arabic at Pomona College in California, was detained for four hours and missed his flight to California even after it became apparent he was no threat, the news service reported.

Ex-Gov Blago Wants Judge to Let Him Play All FBI Tapes at Trial

Rod Blagojevich/rod radio photo

Rod Blagojevich/rod radio photo

By Allan Lengel
ticklethewire.com

Publicity hound Rod Blagojevich, the ex-Gov. of Illinois, pleaded “innocent” Wednesday in federal court in Chicago to a revised public corruption indictment, and his attorneys indicated they want the green light to play all the secret FBI recordings they desire during trial, the Chicago Tribune reported.

The Tribune reported that Blago’s attorneys wrote in a motion that the former governor is “desirous that the recordings be heard in open court by the jury, believing as he does that a full airing of the recordings will establish his innocence of every count in the indictment.”

After the hearing, the Tribune reported that Blago said:

“Play the truth and nothing but the truth. Play all the tapes.”

He is accused of using his office to make money and trying to sell the Senate seat vacated by President Obama.

Prosecutors had filed a revised indictment to avoid any complications that might come from a pending Supreme Court ruling on “honest services” fraud.

Read full story.

Read Blago’s Motion on Tapes