Congressman Matt Rosendale (R-MT) and eleven other GOP lawmakers have announced that they have drafted a resolution for articles of impeachment against David Chipman if he should be confirmed as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Rosendale was joined by GOP Representatives: Bob Good, Jeff Duncan, Marjorie Taylor-Greene, Ralph Norman, Jody Hice, Diana Harshbarger, Scott Perry, Alex Mooney, Andy Harris, Paul Gosar, and Mary Miller.
Two Articles Of Impeachment- One Is Debatable, The Other Is Indefensible.
The impeachment resolution carries two articles. The first: “Failure to Uphold The Second Amendment of The United States” from a legal perspective is harder to prove because Chipman could only be judged based on how he upholds the Second Amendment or fails to do so ex officio or while in office, not in a personal or business capacity.
Rosendale argues, “David H. Chipman’s statements and employment history make clear that he does not support and defend the Constitutional right of Americans to keep and bear arms and intends to use his position as Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to violate and abridge the Second Amendment rights of Americans.”
Also while abhorrent, unless they can point to someone’s civil rights which were violated by Mr. Chipman then “Failure to Uphold The Second Amendment of The United States” is neither a felony nor a misdemeanor, thus impeachment is the wrong tool to use in this case. It’s almost impossible to prove his intent to actions he has not yet taken. This strategy, however, can be employed later, after he inevitably does violate someone’s 2A rights if he’s confirmed.
The Republican Congressmen were all absolutely right to argue this in confirmation hearings though and in a sane rational world: being a radical lobbyist who is openly hostile to the right to the uninfringed Second Amendment right to keep and bear arms as upheld in DC v. Heller would and should absolutely disqualify Chipman from leading the Department charged with regulating firearms. As reported by The GOP Times, DeepState Rabbit Hole, and GOP Newsfeed.
The second article, however, is far more appropriate: “False Statements to Congress”. 18 U.S. Code § 1001 does indeed make it a misdemeanor punishable by a fine and a five-year prison sentence if anyone
“Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1)falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2)makes any materially false, fictitious, or fraudulent statement or representation; or
(3)makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;”
The resolution, however, went on to outline a brazen bold-faced example of what would be in technical terms Chipman “lying his ass off” to Congress. This is absolutely an impeachable crime.
- In sworn written responses to at least four members of the United States Senate, David H. Chipman responded “No” to questions as to whether he ever misplaced or had a firearm stolen.
- David H. Chipman’s former colleagues at the Bureau of Alcohol, Tobacco, Firearms,
and Explosives on multiple occasions have disputed this, alleging that David H. Chipman lost his
service weapon after leaving it in his personal vehicle one night, and that the firearm was
subsequently stolen by a handyman, according to credible reports. - Based on these allegations from his former colleagues at the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, David H. Chipman in sworn, written answers to multiple inquiries
from members of the United States Senate did make false statements
- David H. Chipman’s former colleagues at the Bureau of Alcohol, Tobacco, Firearms,
Today, 11 of my colleagues and I announced that if David Chipman is confirmed as Director of the ATF, we will introduce articles of impeachment against him. https://t.co/2xwdbv2WIr pic.twitter.com/pqnNIC71Iv
— Matt Rosendale (@RepRosendale) July 26, 2021