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ATF Nominee Faces Trouble as Background Check Funding Prospects Uncertain

Gun control supporters made progress in both chambers this week, as a Senate committee advanced a nominee to become the first permanent director of the Bureau of Alcohol, Tobacco, Firearms and Explosives in seven years and a House panel approved a significant funding increase to improve background checks on gun sales.

Both of those efforts, however, still have a long way to go before advocates who have clamored for tougher gun policies since the December school shooting in Connecticut can declare victory.

The Senate Judiciary Committees 10-8 party-line approval Thursday of B. Todd Jones, the ATFs acting director and a U.S. attorney in Minnesota, left little doubt that Republicans intend to fight the nominee on the floor.

Led by Sen. Charles E. Grassley of Iowa, Judiciary Republicans point to allegations made by one of Jones subordinates in his U.S. attorneys office that the nominee engaged in workplace retaliation over protected whistle-blowing. Grassley calls the allegations alarming and contends an investigation into Jones by the Office of Special Counsel, an independent government watchdog, should be allowed to conclude before the Senate acts on the nomination.

Moreover, Sen. John Cornyn, R-Texas, signaled that the floor fight over Jones may turn into a proxy debate over gun rights. As a committed defender of Texans Second Amendment rights, I have serious concerns that Mr. Jones would infringe on these rights, Cornyn said.

Democrats are eager to see Jones confirmed, given that the ATF has not had a permanent director since 2006, when Congress first required Senate confirmation for the position. But if the nomination turns into a broader debate over gun control, it is unclear if Democrats could beat back a Republican filibuster or even muster enough votes within their own caucus to confirm Jones on a simple majority vote, should Majority Leader Harry Reid, D-Nev., resort to the so-called nuclear option and change the Senates filibuster rules.

The politics of gun control are murky in the Senate, where four red-state Democrats joined with Republicans to defeat a relatively modest, White House-backed expansion of the background check system in April. Those same senators Max Baucus of Montana, Mark Begich of Alaska, Heidi Heitkamp of North Dakota and Mark Pryor of Arkansas and others are likely to face pressure from the National Rifle Association, Gun Owners of America and other groups to oppose Jones.

The open investigation into Jones is unlikely to improve his standing among those senators, and may lead the Republicans who voted for the background checks proposal in April John McCain of Arizona, Susan Collins of Maine, Mark S. Kirk of Illinois and Patrick J. Toomey of Pennsylvania to break from Democrats and oppose him.

Meanwhile, Reids threatened use of the nuclear option has already inflamed tensions with the GOP and, if acted upon, could diminish the chances of bipartisan support for any of President Barack Obamas nominees, particularly one for an agency that has been at the center of the political fight over gun control. Gun Owners of America has already urged its members to contact their senators and urge them to oppose Reids effort to destroy the Senate rules that are blocking passage of gun control.

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