About the Agency
ATF is a unique law enforcement agency in the United States Department of Justice that protects our communities from acts of terrorism, violent criminals, criminal organizations, the illegal use and trafficking of firearms, the illegal use and storage of explosives, acts of arson, and the illegal diversion of alcohol and tobacco products. We partner with communities, industries, law enforcement, and public safety agencies to safeguard the public we serve through information sharing, training, research, and use of technology.
This position is located in the Office of the Chief Counsel, Litigation Division, Washington, DC. The incumbent functions as an advocate and legal advisor on a wide variety of matters involving litigation on behalf of the Bureau.
This position is in the Excepted Service.
Relocation and travel expenses may be authorized for this position.
The incumbent is responsible for serving as the agency representative in litigation before the Merit Systems Protection Board (MSPB) and Equal Employment Opportunity Commission (EEOC) and acts as second chair in MSPB and EEOC litigation reaching the Federal district and appellate courts. The incumbent is also responsible for determining the resolution of administrative claims under the Federal Tort Claims Act (FTCA); and the Military Personnel and Civilian Employees Claims Act. The attorney will also serve as agency counsel in litigation involving the FTCA, Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Freedom of Information Act, the Privacy Act, challenges to the Federal firearms and explosives laws and regulations pursuant to the Administrative Procedure Act, and constitutional challenges.
Conducts extensive research and analysis, applying the pertinent laws, regulations, judicial decisions, administrative opinions, and the Department and Bureau rulings, to defend actions brought against the Bureau, its employees and the laws it is charged with administering and enforcing. This includes providing thorough and comprehensive litigation reports, motions, memoranda and briefs to the Department of Justice; attending hearings, settlement conferences, mediations, and other forms of alternative dispute resolution; gathering, organizing, and providing responses to discovery requests, and seeking discovery.
Reviews decisions by the courts and other tribunals that were unfavorable to the Government to determine whether to recommend seeking appellate review, which includes considering the effect of the decision as precedent if allowed to stand, the need for consistent application of the law in all jurisdictions, the sufficiency of evidence, and the amount of damages at issue. Such cases also include the appeal of administrative decisions regarding the revocation and denial of Federal firearms and explosives licenses and permits. If an appeal is recommended and approved, may assist in the preparation of the Government’s case before the appellate court.
Provides advice on questions of law or policy involved in the Bureau’s operations, conducts briefings on case status, gives guidance as to litigation risk to ATF officials, and confers with other Department and Government attorneys to defend lawsuits.