On Wednesday, Senator Rand Paul (R-Ky.) blasted President Obama’s nomination of a controversial former member of the legal team that green-lit the drone killing of two radicalized Islamist U.S. Citizens in 2010, penning a lengthy column for Breitbart pledging to block the judicial appointing process in Congress until the nominee, Judge David Barron, had squared his position on the assassination of Americans without due process.
“President Obama’s nomination of Judge David Barron to the U.S. 1st Circuit Court of Appeals is troubling because it relates directly, again, to the issue of whether this Administration believes we have a Fifth Amendment,” wrote Paul, referencing his now-famous 2013 filibuster, which compelled the Obama Administration to relent – albeit snarkily – via a terse memo from Attorney General Eric Holder.
But Barron’s nomination carries baggage, since the U.S. Department of Justice is withholding advisory documents Barron authored pertaining to the 2010 drone assassinations of Anwar al-Awlaki and Samir Khan – both U.S. citizens. Without knowing Barron’s views on the Constitutional issues in play in both cases, Paul argued, it would be irresponsible to support his elevation to the bench on the U.S. 1st Circuit Court of Appeals.
“In 2010, Barron was the head of the Office of Legal Counsel, a group that dispenses legal advice to executive branch agencies,” wrote Paul. “That year, Barron circulated a memo that authorized the extra-judicial killing of two American citizens, radical Yemeni cleric Anwar al-Awlaki and Islamic extremist Samir Khan. Both would be assassinated by a CIA drone the following year.”
I have no sympathy for al-Awlaki, Kahn, or others like them. But that does not mean the president or anyone else in government has the authority to kill an American citizen without due process where there isn’t an imminent threat.
…What is this Administration trying to hide?
On April 21, 2014, the U.S. Court of Appeals for the 2nd Circuit ordered that the Department of Justice disclose a redacted version of the Office of Legal Counsel memorandum that authorized the targeted killing of Anwar al-Awlaki. David Barron was one of the principal writers of this memorandum. He has spoken openly about his role in crafting the Administration’s legal position that it can kill Americans abroad without due process.
It would be irresponsible for the Senate to move forward on this nomination until the Department of Justice has complied with the court order to disclose this document, which will highlight Barron’s views on international law, the Fifth Amendment and its guarantee of due process, and the civil liberties of our nation’s citizens.
“The right to due process is not some negotiable aspect of our Constitution, subject to the whim of whoever happens to be sitting in the Oval Office,” Paul concluded. “Such legal protections are quintessential to our most basic freedoms, dating all the way back to the Magna Carta. Our constitutional rights are not negotiable… Until that memo is made public, I will do everything in my power to stop David Barron’s nomination to the 1st Circuit Court of Appeals.”
Read Paul’s full piece here.