Senate Judiciary Committee ranking Republican Chuck GrassleyChuck GrassleyFlynn told FBI he didn't talk sanctions with Russian envoy: report Gorsuch hearing date set for March 20 Judiciary Committee wants briefing, documents on Flynn resignation MORE (Iowa) on Thursday joined Sen. Rand PaulRand PaulTrump’s feud with the press in the spotlight Rand Paul: We’re very lucky John McCain’s not in charge Rand Paul: John Bolton would be a 'bad choice' for national security adviser MORE (R-Ky.) to demand the Obama administration make public legal memos justifying drone strikes against American citizens.
Barron, a professor at Harvard Law School, authored at least one memo laying out the legal rationale for targeting American citizens overseas while previously serving as a lawyer at the Justice Department’s Office of Legal Counsel (OLC). He may have had a hand in crafting as many as nine memos, according to Senate aides.
“We know that the Department of Justice relied on the legal arguments Professor Barron formulated to justify the targeted killing of an American citizen in a tribal region of Yemen in September 2011,” Grassley said on the Senate floor in reference to the radical Muslim cleric Anwar al-Awlaki, whom U.S. intelligence officials linked to a plot to blow up a Detroit-bound jetliner.
“This nomination cannot go forward unless this body -- every member of this body -- is given access to any and all secret legal opinions this nominee wrote on this critical issue,” Grassley said.
Paul sent a letter to Senate Majority Leader Harry ReidHarry ReidIf Gorsuch pick leads to 'crisis,' Dems should look in mirror first Senate confirms Mulvaney to be Trump’s budget chief Democrats declare victory after Puzder bows out MORE (D-Nev.) last week objecting to proceeding with Barron’s nomination until the OLC memos become public.
Paul raised his national profile last year when he waged a 13-hour filibuster on the Senate floor protesting the administration’s drone policy. Grassley’s vocal support for Paul’s latest critique is a sign his influence within the Senate GOP conference has grown.
The White House on Tuesday promised senators could review a secret memo penned by Barron but that has not satisfied Republican critics.
Grassley said senators need to review the full extent of Barron’s writings.
“Are senators who are up for reelection in a few short months ready to vote on this nominee without knowing the full extent of his writings on a topic as serious as the killing of an American citizen by a drone?” he asked.
“Are those senators ready to go home to face their constituents and explain that they cast a vote on that nominee without knowing all the facts?” he added.
The objections by Paul and Grassley put pressure on Democratic critics of the administration’s intelligence and drone polices such as Sens. Ron WydenRon WydenSenate Dems move to nix Trump's deportation order DNI confirmation hearing expected on Senate return Senate confirms Mnuchin as Treasury secretary MORE (Ore.), Jeff MerkleyJeff MerkleySenate advances Trump's Commerce pick Senate confirms Pruitt to lead EPA Democrats want Pruitt vote delayed over emails MORE (Ore.) and Mark UdallMark UdallElection autopsy: Latinos favored Clinton more than exit polls showed Live coverage: Tillerson's hearing for State The rise and possible fall of the ‘Card’ in politics MORE (Colo.) to use Barron’s nomination as leverage to spur Justice to publicize the drone memos.
The American Civil Liberties Union has joined Paul in opposing Barron’s confirmation unless the memos are released publicly.
Senate Judiciary Committee Chairman Patrick LeahyPatrick LeahyVerizon angling to lower price of Yahoo purchase: report Dem senators call for independent Flynn probe Overnight Cybersecurity: White House does damage control on Flynn | Pressure builds for probe MORE (D-Vt.) has pressed the administration for information on its legal justification for targeting U.S. citizens overseas.
Barron’s nomination passed out of the Judiciary panel by a 10-8 vote in January.
Supporters of Barron's nomination note that Republicans cannot slow the process beyond requiring 30 hours of procedural time to elapse after the Senate votes to end debate on the issue. Democrats can quash a filibuster by Paul with a simple majority vote.