Federal judge blasts DOJ lawyers in case of ATF whistle-blower

A federal judge angrily accused Justice Department attorneys in newly unsealed documents of "fraud upon the court" by intimidating a witness in a case involving a former Bureau of Alcohol, Tobacco, Firearms and Explosives agent who alleges the agency trashed his reputation.

Judge Francis Allegra, who was appointed to the U.S. Court of Federal Claims in 1998 by President Bill Clinton, is presiding over a suit brought by former ATF agent Jay Dobyns against the government agency, which he claims retaliated against him and damaged his reputation. Dobyns infiltrated Hell's Angels and worked on cases involving the Aryan Brotherhood and MS-13 during his law enforcement career.

In a newly unsealed, Dec. 1, 2014, court ruling that legal experts said was highly unusual, Allegra accused seven Justice Department lawyers of "fraud upon the court, banned them from making any further filings in the case and took the unusual step of directly notifying Attorney General Eric Holder.

“In 40 years of legal practice, government and private, I've never seen that done,” said David Hardy, a constitutional law expert who formerly worked in the U.S. Solicitor General’s Office.

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