ATF Doubles Down on ‘Privacy Interests’ Excuse in Biden Gun Case

How would you or I be treated under the same circumstances? (acaben: Creative Commons Attribution-Share Alike 2.0 Generic license)

U.S.A. – -( “Plaintiff has failed to proffer evidence sufficient to ‘warrant a belief by a reasonable person that the alleged Government impropriety might have occurred,’” Department of Justice Principal Deputy Assistant Attorney Brian M. Boynton, Assistant Director Marcia Berman, and  Trial Attorney Laurel H. Lum argued in a Defendant’s Reply In Support Of Its Motion For Summary Judgment filed Friday in the United States District Court for the District of Columbia.

In short, the Bureau of Alcohol, Tobacco, Firearms and Explosives has no intention of admitting if it investigated claims corroborated by Hunter Biden in his laptop computer regarding his gun because doing so, they claim, would be “an unwarranted invasion of [his] privacy.”

At issue: Based on a reported timeline and his own admissions and conduct, buying the gun would have required Biden to lie on the ATF Form 4473 question about using controlled substances, which is a felony.

“Plaintiff … argues instead that Mr. Biden waived that privacy interest by abandoning a laptop that allegedly contained text messages from Mr. Biden that referred to his firearm and a ‘police investigation,’” the motion contends. “But, even if this was so, acknowledging a police investigation is not the same thing as acknowledging an ATF investigation.”

Funny they should stick with “allegedly” in light of revelations that the laptop story had been dismissed as a “Russian disinformation”-provoked conspiracy theory until just recently when it was revealed that the story was true. That’s despite denials from highly-placed “intelligence experts,” spiking by The New York Times, and active suppression by social media giants Twitter and Facebook, all resulting in information, including of Joe Biden’s involvement in his son’s foreign “business dealings,” being withheld from the electorate during the 2020 primaries, “disenfranchising” supporters of other Democrat candidates and general election voters.

It’s curious that ATF’s previous position, as stated in a letter from almost one year ago to the day from Adam C. Siple Chief Information and Privacy Governance Division to attorney Stephen Stamboulieh, stated:

“Please be advised that a search has been conducted in our N-Force and TECS databases. N-Force and TECS are the systems of records that contains all investigative files compiled by ATF for law enforcement purposes. Based on the information you provided to us, we were not able to locate any responsive records subject to the Freedom of Information Act.”

Why the sudden change in official position? Was this initial response true, and if not, who has the power to compel an admission of what is, if not the courts?

Now compare that to the response from the Secret Service, which submitted an affidavit under penalty of perjury that it too could also find no responsive records. Since Biden reportedly specifically named the Secret Service as being part of the investigation in a text entry on his laptop, the logical follow-up question is “Who were those guys?”

“Moreover, ATF employees are not responsible for prosecution decisions,” the motion adds. “They can only refer an investigation to a U.S. Attorney’s Office, which then has discretion over whether to bring a prosecution.”

That would go a long way toward explaining why DOJ doesn’t want the public to know any more about this than ATF does.

Nor, evidently, does the media. Don’t look for the Hunter Biden gun story on “news” outlets with a near-absolute reach like CNN, ABC, CBS, NBC, The New York Times, The Washington Post, and others. “The usual suspects” who couldn’t be bothered to mention the laptop story, except to try to discredit it (just like in Operation Fast and Furious “gunwalking” before that), have no interest in assigning a “real reporter” with the backing, connections, and resources to do a deep dive.

As for specific reports acknowledging the FOIA request and complaint being stonewalled by the Biden administration, ask yourself why, despite much evidence compiled in multiple reports since November 2020, no one outside of AmmoLand will even mention it.

Lies of omission can be even more insidiously destructive than the in-your-face kind. This makes it not just fair, but existentially essential to freedom, to wonder what else we’re not being told.

ATF’s Motion for Summary Judgment follows:

About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea