[Peace-discuss] let's call Durbin on ACLU drone strike memo demand re: Barron confirmation

Tue May 6 14:50:53 EDT 2014

The ACLU is calling on the Senate to withhold a confirmation vote on David
Barron until Admin coughs up the memos Barron wrote at the Office of Legal
Counsel justifying the drone strike policy.

Chris Anders, ACLU legislative counsel in DC, told me that calls and emails
to the Senate would be very useful right now.

Here's our petition in support of the ACLU demand, which generates email to
the Senate whenever anyone signs it:
http://www.justforeignpolicy.org/act/hold-barron-drone-memo

Let's call Durbin. He has done some good things on this issue in the past.
But now it's a moment of truth; the Barron nomination gives Democrats like
Durbin real leverage, if they agree to use it.

Here's Durbin's DC number:

Phone: (202) 224-2152

Ask: "I urge Senator Durbin to push to delay a confirmation vote on David
Barron until the Administration makes public all memos written by Barron
giving legal justifications for drone strikes."

You can make this ask of the person who answers the phone, or if you want
to be a little more assertive, you can ask to speak with Joe Zogby, who is
Durbin's legislative assistant for the Senate Judiciary Committee.

Here's a recent AP article. Note that Admin hasn't even agreed to comply
with the court order in the ACLU/New York Times case yet; Udall is saying
he won't support Barron unless Admin complies with the court order; it
would not be such a reach for Durbin to back Udall.

[...]

The 2nd U.S. Circuit Court of Appeals in New York ruled last month that the
Obama administration must publicly disclose a redacted version of the
memo.* The
administration is considering whether to appeal the ruling.*

Chris Anders, the ACLU's senior legislative counsel, said Barron reportedly
signed at least two memos on the drone program and that *all his opinions
should be revealed to senators, not just the one*. "This is short-changing
senators who should be getting information that they need to review before
voting on a lifetime appointment," Anders said.

At least one Democrat, *Sen. Mark Udall of Colorado, said he won't support
Barron unless the White House complies with the court order to publicly
disclose a redacted version of Barron's memo.* "David Barron is highly
qualified, but as one of the authors of the Anwar al-Awlaki opinion,
Barron's nomination understandably raises key questions about the
administration's legal justification for the targeted killing of Americans
and about its year-old pledge of greater transparency," Udall said in a
statement.

*Paul also said he would continue to oppose Barron barring public
disclosure. "A federal court has ordered the public release of a redacted
legal memo authored by Barron and I believe that anything short of that is
inadequate," Paul said in response to the White House offer.*

Another Democrat, *Sen. Ron Wyden of Oregon, also called for the drone
memos to be released publicly but isn't yet taking a position on Barron's
confirmation.* Wyden has reviewed the documents as a member of the Senate
Intelligence Committee and says although al-Awlaki's killing was
legitimate, the memos "leave many important questions unanswered."

http://news.yahoo.com/white-house-offers-show-senators-drone-memo-160950887--politics.html

By NEDRA PICKLER
31 minutes ago

WASHINGTON (AP) — Hoping to head off another confirmation battle, the White
House said Tuesday that it will allow senators to review a secret paper
justifying the drone strike on an American citizen written by one of
President Barack Obama's appellate court nominees.

The White House is hoping the memo's disclosure will lead to confirmation
of David Barron for the 1st U.S. Circuit Court of Appeals in Boston. Barron
is a Harvard Law professor who had worked as acting assistant attorney
general at the Justice Department on the case of Anwar al-Awlaki, the
American-born al-Qaida leader killed by a U.S. drone in 2011.

Some legal scholars and human rights activists argue it was illegal for the
U.S. to kill American citizens away from the battlefield without a trial.

The American Civil Liberties Union wrote a letter to senators on Monday,
urging them to delay Barron's confirmation vote until all senators review
memos he wrote on the drone program. Republican Sen. Rand Paul of Kentucky
also is trying to block Barron's confirmation, barring public release of a
redacted version al-Awlaki memo, by virtue of a court order.

Paul last year held up the nomination of CIA Director John Brennan until
the administration agreed to release more information about its drone
policy. And other Obama nominees, including the president's picks for
surgeon general and chief civil rights attorney, have failed to win
confirmation this year in the Democratic-controlled Senate amid controversy
raised by interest groups.

In Barron's case, the White House quickly responded to the ACLU by offering
to show senators an unredacted copy of the 41-page memo he authored July
16, 2010, which argues that targeted killing of an American citizen
overseas does not violate the Constitution.

White House spokesman Eric Schultz noted that members of the Senate
Judiciary Committee, which advanced Barron's nomination on a party-line
vote, already had access to the memo. Schultz expressed confidence that
Barron would be confirmed and "bring outstanding credentials, legal
expertise and dedication to the rule of law to the federal bench."

"The administration is working to ensure that any remaining questions
members of the Senate have about Barron's legal work at the Department of
Justice are addressed, including making available in a classified setting a
copy of the al-Awlaki opinion to any senator who wishes to review it prior
to Barron's confirmation vote," Schultz said.

The 2nd U.S. Circuit Court of Appeals in New York ruled last month that the
Obama administration must publicly disclose a redacted version of the memo.
The administration is considering whether to appeal the ruling.

Chris Anders, the ACLU's senior legislative counsel, said Barron reportedly
signed at least two memos on the drone program and that all his opinions
should be revealed to senators, not just the one. "This is short-changing
senators who should be getting information that they need to review before
voting on a lifetime appointment," Anders said.

At least one Democrat, Sen. Mark Udall of Colorado, said he won't support
Barron unless the White House complies with the court order to publicly
disclose a redacted version of Barron's memo. "David Barron is highly
qualified, but as one of the authors of the Anwar al-Awlaki opinion,
Barron's nomination understandably raises key questions about the
administration's legal justification for the targeted killing of Americans
and about its year-old pledge of greater transparency," Udall said in a
statement.

Paul also said he would continue to oppose Barron barring public
disclosure. "A federal court has ordered the public release of a redacted
legal memo authored by Barron and I believe that anything short of that is
inadequate," Paul said in response to the White House offer.

Another Democrat, Sen. Ron Wyden of Oregon, also called for the drone memos
to be released publicly but isn't yet taking a position on Barron's
confirmation. Wyden has reviewed the documents as a member of the Senate
Intelligence Committee and says although al-Awlaki's killing was
legitimate, the memos "leave many important questions unanswered."

"I have continued to press the executive branch to answer these important
questions, and to provide the full details of the government's legal
reasoning to the public, so that American voters can debate whether the
president's authorities are subject to adequate limits and boundaries,"
Wyden said in a statement.

-- 
-- 
Robert Naiman
Policy Director
Just Foreign Policy
www.justforeignpolicy.org
naiman at justforeignpolicy.org
(202) 448-2898, extension 1
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