David Barron

Letter on Drone Strike Transparency: Senator Paul: We Stand With You for the Rule of Law

May 20, 2014

Senator Paul: We Stand With You for the Rule of Law

Dear Senator Paul,

The undersigned groups stand with you in objecting to cloture on the nomination of David J. Barron to the United States Court of Appeals for the First Circuit. We share your concerns regarding Barron’s authorship of secret memos purporting to give legal justification for drone strikes against U.S. citizens and others outside of a legal armed conflict or imminent threat to the United States. We agree that before the Senate votes on Barron’s nomination, the Administration should share all of these memos with the Senate and the public, implementing the letter and spirit of the decision of the Second Circuit Court of Appeals in its April 21 ruling.

As the American Civil Liberties Union noted in its statement on May 16 on the filing of the cloture petition: 

“No senator can meaningfully carry out his or her constitutional obligation of providing ‘advice and consent’ on the nomination without reading all of Mr. Barron’s opinions on the drone program. The White House has continued to play hide the ball by not providing all of the opinions written or signed by Mr. Barron on targeted killing, regardless of citizenship. The memos raise fundamental due process and rule of law issues, and no senator should agree to vote on the nomination without first getting each and every one of his memos on targeted killing.”

As you wrote in your New York Times op-ed on May 11,