In a newly unsealed court ruling, Judge Francis Allegra, who was appointed by Democrat President Bill Clinton in 1998, is accusing seven Obama-Holder Department of Justice (DOJ) attorneys of “fraud upon the court,” and notified Eric Holder that they are banned from his courtroom.
Legal experts are saying the move is extremely rare, if not unprecedented.
“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, reports FOX News.
The case involves a former Bureau of Alcohol, Tobacco and Firearms (ATF) agent, Jay Dobyns, who is suing the Obama-Holder DOJ, claiming they retaliated against him and damaged his reputation after he blew the whistle on how the regime was treating ATF agents.
After Dobyns home was mysteriously burned down, the ATF accused Dobyns of burning down his own house, an accusation he vehemently denies. Dobyns claimed that the ATF neglected protecting his family and filed suit against the ATF in response, saying that they were retaliating against him for being a whistleblower and for ruining his reputation.
Dobyns accused ATF officials of breaching a “settlement agreement the parties had entered into resolving an employment dispute. Mr. Dobyns further alleged that ATF’s conduct relating to the settlement agreement breached the covenant of good faith and fair dealing,” the ruling says.
In the judge’s accusation against the DOJ lawyers as bringing “fraud upon the court,” he cites the Sixth Circuit’s definition:
1. One the part of an officer of the court;
2. That is directed to the ‘judicial machinery’ itself;
3. That is intentionally false, willfully blind to the truth, or is in reckless disregard for the truth;
4. That is positive averment or is concealment when one is under a duty to disclose;
5. That deceives the court.
The ruling states there are “at least two instances of conduct by defendant’s counsel that, in the court’s view, provide indication that fraud on the court has occurred here.”
FOX News reported additional details:
Allegra’s ruling also documents other alleged wrongdoing. When Tom Atteberry, new ATF Agent in Charge of the Phoenix office, tried to reopen Dobyns’ arson case, Justice Department attorney Valerie Baker told him not to because it would damage her defense against Dobyns. Atteberry was a witnesses in the case, but the judge didn’t hear about the DOJ effort to silence him until trial. Allegra ruled that the DOJ action may amount to ‘fraud upon the court.”
“It’s very, very serious,” said Dupree. “Judges don’t make allegations like this cavalierly. It’s only after they have looked at the evidence and they have deep concerns that something that is not quite right. This is not by any means a run-of-the-mill, routine order.”
Last summer, Judge Allegra awarded Dobyns $173,000 in damages and rebuked the ATF for failing to adequately protect Dobyns and his family. The Justice Department appealed that ruling, but in another highly unusual move, Allegra successfully had the case remanded to his court, so he can pursue the seven government lawyers for concealing evidence. Recently unsealed documents obtained by FoxNews.com show that the DOJ disagrees with Allegra’s decision to keep the lawyers out of his court.
Judge Allegra wrote that, “The record indicates that there is much more involved here than a simple misstatement of fact, a fraudulent filing, or a failure to advise the court of a critical fact. Rather, it appears that there is significant evidence that defendant’s conduct may actually have subverted the judicial process…”
Eric Holder, the head of the Obama DOJ, is the first sitting attorney general in U.S. history to be held in contempt of Congress, receiving the rebuke in bi-partisan fashion for his lies in the Fast and Furious Obama gun-running scheme to Mexican warlords.