"The U.S. has opened an investigation into allegations of misconduct by its own attorneys.."

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Starting out quoting Shakespeare and ending up citing Kafka, Judge Francis M. Allegra’s conclusions about ATF conduct that led him to rule in favor of retired agent Jay Dobyns in a breach of covenant suit are scathingly revealed in his previously sealed opinion. That judgment was revoked after Allegra learned of “fraud upon the court” considerations, this column reported Sunday.

Leading his opinion with a verse from Othello, Allegra pointedly let the government defendants he ruled against know he considered them to have robbed Dobyns of his “good name.” Concluding his opinion with a reference comparing Dobyns’ ordeal to that imposed by the ‘totalitarian state” in “The Trial,” and calling it “Kafkaesque,” Allegra further observed that the conduct of "certain ATF officials ... bears little resemblance to the lofty sayings carved into the facades of the Department of Justice.” He was referring to “words now carved into the office rotunda of the Attorney General” that “The United States wins its point whenever justice is done its citizens in the courts.”

“Based on the breach of the covenant, the court finds that plaintiff [Dobyns] is entitled to damages in the amount of $173,000,” Allegra ordered in the opinion he has since revoked in order to pursue an investigation into further government misconduct. “The court concludes that defendant [ATF] is entitled to – nothing.”

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