New acting director takes over ATF

A federal prosecutor who was tapped to temporarily lead the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) took charge of the agency Tuesday while the nominee to serve as director awaits Senate confirmation.

The White House announced last week that President Biden had appointed Gary Restaino, the U.S. attorney for the District of Arizona, to take over as ATF’s interim director under the Federal Vacancies Reform Act, replacing Marvin Richardson, who had been in that role since June.

In a message to ATF employees on Tuesday, Restaino said he was “honored by the President’s confidence in me to work with all of you.”

“I look forward to working with you in an interim role until a nominee is confirmed, and I’m hoping for a swift confirmation for Steve Dettelbach so he can lead this great agency into the future,” Restaino said in the internal email, which was obtained by The Hill.

“In the meantime, please know that I am committed to the mission of the Department and of ATF, and to supporting all of you in the important work we do for Justice,” he added.

Restaino takes over an agency that has been without a permanent, Senate-confirmed director since the Obama administration. On Tuesday, he became Biden’s third acting director to take office as political turmoil derailed the president’s nominee to lead the agency.

In September, Biden withdrew his nomination of David Chipman to serve as ATF director, blaming Senate Republicans for blocking his confirmation over the former federal prosecutor’s gun control advocacy.
He has since nominated Steve Dettelbach, another former federal prosecutor, whose confirmation is currently pending in the Senate.

Restaino will retain his U.S. attorney position while he leads the ATF and indicated in his internal memo that he will be working out of the bureau’s Phoenix office.

In a statement to The Hill, Attorney General Merrick Garland applauded Richardson, who will return to his role as ATF deputy director, for filling the top spot since June.

“After three decades of dedicated service, Mr. Richardson stepped up to lead ATF when he was needed the most, and under his leadership the brave professionals of ATF have worked tirelessly to protect our communities from violent crime and the scourge of gun violence,” Garland said.

“We are extremely grateful that Mr. Richardson will continue his service to the Justice Department and our country as he returns to his previous role as Deputy Director of ATF,“ he added.