Much Ado About Nothing

The Brady Campaign, CNN, and the cult of personality known as Giffords are all in a tizzy that an BATFE official actually reached out to a lobbyist for comments. You may remember the white paper written by BATFE Associate Deputy Director Ron Turk that suggested items for discussion with regard to firearms regulations. The white paper was released after the inauguration of President Trump. It is to be noted that Ron Turk has always maintained that the items discussed in the paper were not official policy but rather items for discussion that he proposed.

According to CNN, after writing his initial draft of the white paper, Turk sent it to firearms lobbyist Mark Barnes for comments.

“If I am missing the mark on a major issue or disregarding a major discussion point any feedback you have would be appreciated,” Turk wrote to the lobbyist, Mark Barnes, on January 9, 2017. “My hope is that the agency can demonstrate flexibility where appropriate and identify areas for further discussion, recognizing that solving everyone’s concerns on each side would be difficult.”

Some of the suggestions from Barnes were included in the final draft of the white paper. Things like allowing dealers to use the NICS system to run background check on their own employees and a re-examination of a 20-year old sporting use study in light of the sporting uses of AKs and ARs. However, things that Barnes also suggested like loosening restrictions on the imports of SKS carbines and Makarov pistols from Russia were not included.

I think what has the gun control lobby and their enablers in the media so upset is that they weren’t approached for suggestions.

From Avery Gardiner of the Brady Campaign:

“I was surprised to see that the draft document had been emailed out to a gun industry lawyer and the final product took his suggestions as edits — without any disclosure of that until we went to court to get these documents,” said Avery W. Gardiner, co-president of the Brady Center. …


“There was a secret white paper that was partially written by the gun lobby. That’s exactly the kind of thing the Freedom of Information Act is supposed to address — transparency of government,” Gardiner said.

And from David Chipman, the former BATFE Special Agent who now works for Giffords, who is dismayed by the revelation:

“An independent ATF is critical to this nation’s security. The white paper suggests that the gun industry’s quest for power and influence has trumped public safety,” Chipman said.

An interesting side note on Chipman, he is a 1984 graduate of Phillips Exeter Academy – the ultra-expensive, ultra-upper class, prep school. I’m having a little bit of cognitive dissonance over a preppy actually getting his hands dirty working for a lackluster agency like BATFE. Isn’t that a little beneath a graduate of Phillips Exeter?

Back to the story in question, think back to the Obama Administration and all the photo ops and meeting held with the gun control industry. They were quite numerous. I think the problem here is that they are miffed to be on the outside looking in as opposed to the good old days when they had a seat at the table.

The CNN story does have link to all the drafts of the white papers if you are interested. They have also included a video on the page that seems like an outright editorial call for universal background checks. As Glenn Reynolds has often said they are Democratic operatives with a byline. I’d modify it to include gun control advocates with a byline.

Brady Campaign Sues BATFE And DOJ

With the departure of Dan Gross as President of the Brady Campaign, the new leadership seems to have shifted some of organization’s strategy to the courts. First there was the lawsuit against Slide Fire Solutions filed in conjunction with an class-action, personal injury firm in Las Vegas. That suit was filed less the same week as the Las Vegas mass casualty event. There is significant question whether that suit can even proceed given the Protection of Lawful Commerce in Arms Act.

On Monday, the Brady Campaign filed suit in US District Court for the District of Columbia against the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. They are accusing the BATFE of ignoring two Freedom of Information Act requests for documents related to Associate Deputy Director Ron Turk’s white paper and for documents related to warning letters or license revocations sent to Federal Firearm Licensees. By ignoring the FOIA requests after acknowledging receipt of them, BATFE provided the Brady Campaign with an opportunity to sue to get the info they seek.

From their press release, in part, on the lawsuit:

“The ATF has a critical role in monitoring the gun industry and keeping America safe from gun violence. We sought information about its work, and it did not respond, even though it is required to do so under federal law. We certainly hope that ATF is doing its job and the public deserves these documents so we can make sure that the ATF is doing everything it can to stop gun trafficking and other crimes,” said Avery Gardiner, Co-President of the Brady Center to Prevent Gun Violence.

Brady lawyer Mariel Goetz added, “The Brady Center has worked diligently to follow all procedures to obtain this information. Last week, our organization filed a class action suit on behalf of the attendees of the Las Vegas music festival who suffered through the deadliest mass shooting in modern American history. Today, we file suit on behalf of all Americans. We all deserve information about our government’s efforts to regulate firearms and stop illegal gun trafficking. We need transparency to make sure that the federal government is doing what it should to stop gun violence.”

The complaint gives more detail on what they are seeking in their FOIA requests.

On the white paper:

(1) All communications between ATF employees related to the
January 20, 2017 White Paper titled “Federal Firearm Regulations
– Options to Reduce or Modify Firearms Regulations”;

(2) All communications between ATF employees and members of
the Presidential Transition Team related to the January 20, 2017
White Paper titled “Federal Firearm Regulations – Options to
Reduce or Modify Firearms Regulations”;

(3) All communications between ATF employees and nongovernment
employees, including but not limited to representatives
from gun manufacturers or the National Rifle Association
, related
to the January 20, 2017 White Paper titled “Federal Firearm
Regulations – Options to Reduce or Modify Firearms Regulations”;
and

(4) All other documents, including drafts, related to the January 20,
2017 White Paper titled “Federal Firearm Regulations – Options to
Reduce or Modify Firearms Regulations.”

And on the warning letters and revocation notices:

(1) All warning letters, warning conference notices, and the
underlying reports of violations and firearms inspection narrative
reports, issued to federal firearms licensees from July 1, 2015
through June 30, 2017;

(2) All notices of revocation of license and the accompanying ATF
Form 4500s issued to federal firearms licensees from July 1, 2015
through June 30, 2017.

As I see it, the FOIA request for any communications between ATF and then President-elect Trump’s transitional team as well as any communication related to the White Paper with the NRA and firearms manufacturers is to dig up anything that they or their allies can use for political purposes against Trump, the NRA, and the firearms industry.

Conversely, the second FOIA request is an attempt to have the BATFE give them information that they can use for lawsuits against dealers and distributors. This would be part of their attempt to pierce the PLCAA through their “Bad Apples” project. While FOIA was never meant to substitute for the discovery process in litigation, the courts have ruled that there is no prohibition against it either.

Bearing in mind that I am not an expert on FOIA in the least and that I find it somewhat humorous that I am defending BATFE of all agencies, I think BATFE was correct in not releasing this information to the Brady Campaign. I think BATFE can make a very strong case that releasing warning notices/letters and revocation notices would interfere with potential law enforcement legal proceedings which is an exemption under FOIA. I think a strong argument could also be made that this should be considered commercial information which is a specific exemption as well. Likewise with the FOIA request for info on the white paper, since it was not a final statement of policy and could be considered part of the deliberative process, I think BATFE has grounds for not releasing this information as well.

Where the BATFE screwed up was in not informing the Brady Campaign within 20 days of their request that they could go pound sand. This could be due to bureaucratic laziness on the part of BATFE’s FOIA officer. Whatever the reason was it did provide the Brady Campaign the legal go-ahead to file suit. How a judge on the US District Court for DC might rule on this is anybody’s guess. I will note that in addition to the Brady Campaign’s own lawyers, they have pro bono lawyers from the mega-law firm of Covington and Burling. The marriage of gun controllers with big law is shameful in my opinion but progressives gotta do what progressives do.

The Difference Between Stupid And Really Stupid

Stupid is blowing off a “request” to appear before the House Oversight and Government Affairs Committee. The committee was investigating the death of a Federal law enforcement officer, ICE’s Jaime Zapata, by Mexican cartel members using firearms BATFE allowed to be “walked” to Mexico.

This is what BATFE’s Associate Deputy Director Ronald B. “Ron” Turk did on Thursday, March 9th. In response, the committee chairman, Rep. Jason Chaffetz (R-UT), issued a subpoena for Mr. Turk.

Now that was stupid. Really stupid is what happens next.

Turk did finally appear on April 4th at another House Oversight hearing at which his earlier absence was noted. After getting into it with Rep. Chaffetz about why he didn’t appear when “invited”, Turk made this accusation as he really starts to go off: “You want to get your 15 seconds of YouTube minute time to challenge my honor.” You can see this starting at 4:56 in the attached YouTube video.

It takes Rep. Chaffetz another minute or so of questioning before he really lights into Turk for blowing off the committee and for his YouTube comment. That starts at 7:12 and runs until about 8:04. At this point Turk realizes that he has screwed up and starts to grovel for the remainder of the time.

Bear in mind that Turk is not only the number two person at BATFE but he is also a Brigadier General in the Maryland Air Nation Guard where he serves as Chief of Staff. He didn’t get to those two positions by being a good street agent or a good airman. He got there by being a good politician and a good politician should know when to shut up. That he had that lapse of judgement was a bit surprising given the political astuteness of his leaked white paper. It was really stupid on his part and cements the impression that BATFE is out of control.

H/T CleanUpAtf.org