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Posts Tagged executive branch
FBI Audit Finds Massive Rule Violations During Investigations Into Politicians, Religious groups and Media
FBI agents violated agency rules at least 747 times in 18 months while conducting investigations involving politicians, candidates, religious groups, news media and others, according to a 2019 FBI audit obtained by The Washington Times.
The internal review revealed a ratio of slightly more than two “compliance errors” per sensitive investigative matter reviewed by FBI auditors. These errors included agents’ failure to obtain approval from senior FBI officials to start an investigation, failure to document a necessary legal review before opening an investigation and failure to tell prosecutors what they were doing.
Chipman Wrong For The ATF
From National Review:
Chipman is an activist, but the ATF needs an administrator. Chipman would raise the temperature of the gun-control debate, when precisely the opposite is needed. Chipman has shown poor judgment — from engaging in racially tinged office politics to allowing himself to be used as an instrument of public relations by a Beijing-run propaganda program — and the ATF, of all federal agencies, has had more than enough of poor judgment over the years.
Project Guardian Encourages More Vigilance With Current Gun Laws
From The Hill:
Project Guardian, introduced by Attorney General William Barr last month, is a multifaceted plan that will rely on improved information sharing to more effectively enforce current firearms laws and better prosecute the criminals who violate them. Primarily, Project Guardian places increased reporting standards on federal law enforcement to regularly share with state law enforcement the lists of persons rejected from buying a firearm under the National Instant Criminal Background Check System (NICS). More specifically, this memo directs the offices of all U.S Attorneys to more promptly submit to NICS case records of individuals who become legally ineligible to own firearms. This will greatly reduce the lag time between a court’s decision to determine an individual is disqualified from buying or possessing a firearm and the NICS database having knowledge of that determination.
Bureaucrats Making Law, Not Congress
From The Truth About Guns:
Administrative agencies, like the ATF and EPA, are increasingly encouraged to write their own rules far beyond the scope that the law allows. Hence why you saw “bump stocks†banned without Congress acting, why you saw 7N6 ammunition disappear, why you saw foreign made semi-autos dry up. None of this came with the help of Congress. All of it came at the behest of the executive branch, headed up by none other than whoever was president at the time.
Case Could Reign In Federal Bureaucracies
From Bearing Arms:
Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.Â
Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)
ATF Claims It’s Not Subject To FOIA
From Guns.com:
“The ATF is not an ‘agency’ within the meaning of the FOIA, 5 U.S.C. § 552(f)(1), and is, therefore, not a proper party defendant,†the agency wrote in its answer to a complaint filed in federal court in June.
Attorney and Second Amendment scholar, David Kopel, said he didn’t know the reasoning behind the ATF answer. “I have no idea what ATF’s argument on that point is,†he said. “There is no separate FOIA law for ATF, and they are plainly an agency within the meaning of the statute.â€