While the nation appeared galvanized with the fierce battle between Democrats and Republicans over the confirmation of Judge Brett Kavanaugh as the newest U.S, Supreme Court Associate Justice, a non-partisan, non-profit watchdog announced during the same week that its team legal-eagles filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, for 1,900 pages of records about a proposed reclassification that would effectively ban ammunition for the AR-15 categorized as body-armor-piercing ammo.
The well-known group and Beltway gadfly, Judicial Watch, filed a federal lawsuit after the ATF and the Justice Department failed to respond to a May 14, 2018, FOIA request for the documents describing the Obama s AR-15 ammo ban efforts.
While the former U.S. president continues his American tour as part of helping Democratic Party lawmakers “fire up” their radical-left base, Obama appears more concerned with the preservation of his treasured presidential legacy, which is more shallow than many suspected. Even his “pride and joy” Iranian nuclear deal has been gutted and his Obamacare health plan is slowly floundering under its own weight. Also, in a separate matter, Fox News Channel’s chief national security and intelligence correspondent, Catherine Herridge — arguably the best in her field — and the Conservative Base editor reported that Obama had a propensity for having classified intelligence reports from the numerous agencies and bureaus “doctored” so that they reflected successful operations and the achievement of victories. It was shocking to read and hear that a POTUS would create false narratives and claim that non-political intelligence chiefs and executives never edited intelligence reports or “talking points. Upwards of 50 intelligence officers with the Defense Intelligence Service (DIA) marched into the DIA’s Inspector General’s office to complain about Obama’s obvious dishonesty.
But today there are a number of GOP lawmakers and organizations, including those representing police and intelligence officers, who want a real probe of the unilateral actions taken by Obama to hinder American citizens from exercising their Second Amendment right to possess any sort of handgun or rifle and the accompanying ammunition available for use by these weapons.
The documents sought by Judicial Watch President Tom Fitton include ATF or DOJ (Attorneys General Eric Holder and Loretta Lynch) talking points about the “Armor Piercing Ammunition Notice of Proposed Rulemaking” and other records regarding Obama’s ammunition classification.
This lawsuit is the latest development in Judicial Watch’s more than three-year effort to obtain documents from the ATF. Judicial Watch discovered the document cache in separate litigation on the ammo ban issue.
In March 2015, more than 200 members of Congress wrote to former ATF Director B. Todd Jones to express their “serious concern” that the proposal to reclassify the ammunition types as armor-piercing may violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.”
The ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law abiding Americans use for sporting and other legitimate purposes,” the letter said. The ATF subsequently halted its efforts.
The precise statutory definition of armor-piercing ammunition can be found in 18 U.S.C. §921(a)(17).
“Simply put, the ATF refuses to comply with federal open records law,” Judicial Watch President Tom Fitton said. “The ATF has withheld records for over three years concerning the Obama administration’s shady attempt to institute gun control by restricting ammunition instead of guns.”