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Rand Paul Protests Judicial Nominee Over Drone Policy

By Katie Wall

Sen. Rand Paul of Kentucky took to the Senate floor Wednesday to protest the nomination of a judicial nominee he says helped authorize the drone killing of American citizens.

I rise today to oppose the nomination of anyone who would argue that the President has the power to kill American citizens not involved in combat, he said at the beginning of a speech designed to draw attention to the nomination of David Barron, who was tapped by the Obama administration to be a United States Circuit Judge for the First Circuit.

At issue are memos written by Barron while he worked in the Department of Justice, where he authored a legal justification for using drone strikes against Americans abroad.

I believe the Barron memos, at their very core, disrespect the Bill of Rights, Paul said.

The Obama administration announced Tuesday that it would release a redacted version of that classified memo, which had previously not been available to the public.

Paul had advertised the speech for days, an echo of his memorable 13-hour filibuster of Obamas drone policy last March. His remarks Wednesday were brief in comparison, at about half an hour.

Despite Pauls objections, Barrons nomination advanced in a procedural vote on Wednesday afternoon.

The vote was 52-43.

First published May 21 2014, 7:35 AM

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Rand Paul Protests Judicial Nominee Over Drone Policy

Despite Paul's opposition, controversial Obama nominee expected to clear Senate hurdle

Washington (CNN) Sen. Rand Paul took to the Senate floor Wednesday to deliver a 31-minute speech in opposition to the judicial nomination of a former Justice Department official, David Barron.

Barron has drawn the ire of senators on the right and left for legal memos he wrote justifying the killing of an American terrorism suspect overseas with drones.

"I rise today to oppose the nomination of anyone who would argue that the President has the power to kill American citizens not involved in combat," Paul said on the Senate floor.

Senators, however, believe they have the votes needed to break to break the GOP filibuster of the Harvard law professor to be a judge on the U.S. Court of Appeals for the First Circuit, which is based in Boston.

In order to secure at least 51 Democratic votes to overcome the filibuster, the White House took the extraordinary step last week of sending the unredacted Justice Department memos to Capitol Hill where senators from both parties could review them in a classified setting in the basement of the Capitol. Top White House lawyers also met privately with Democratic senators to explain the memos and respond to concerns.

"Once everything was explained," Senate Majority Leader Harry Reid, the Democratic leader, said Tuesday. "Most everyone in our caucus is satisfied."

The administration is preparing to release one of those memos to the public for the first time, officials said Tuesday, though it won't be made public right away. It has to go through a redaction process that will need to be approved by a judge, according to the administration officials.

Paul, who has spearheaded GOP opposition to Barron, is joined by a handful of Democratic senators and the liberal American Civil Liberties Union in opposing Barron.

At issue are memos Barron wrote while working in the Office of Legal Counsel at the Justice Department, which gave the legal reasoning for killing Anwar al-Awlaki, a suspected American al Qaeda operative who was killed with CIA drones in September, 2011.

"It isn't about seeing the Barron memos," Paul said. "It is about what they say. I believe the Barron memos disrespect the Bill of Rights."

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Despite Paul's opposition, controversial Obama nominee expected to clear Senate hurdle

Big Business smacks Rand Paul

The Chamber of Commerce took aim on Tuesday at Rand Paul, tea party darling, for blocking confirmation of Fed board nominees.

WASHINGTON (CNNMoney)

The seven-member Federal Reserve, which includes chief Janet Yellen, is short of three board members. A fourth seat will open up on May 28th, when board member Jeremy Stein steps down.

Related: 2 trends Janet Yellen calls 'disturbing'

"The Federal Reserve needs those positions filled now with suitable individuals," wrote Chamber Deputy Chief Economist J.D. Foster in the post. "Senator Paul should make his point, and then allow the Senate to work its will."

It's just the latest sign of a louder, even more politically involved Chamber, which is expected to spend $50 million during the 2014 mid-term elections.

The group, which represents the largest U.S. businesses, is increasingly taking on tea party candidates within the Republican Party.

At the Republican primaries being held Tuesday, the Chamber has spent $4 million to defeat tea party challengers in Idaho, Georgia, Kentucky and Oregon, according to a source familiar with the spending. (Spending records won't be released until after the election).

And two weeks ago, the Chamber's President Tom Donohue suggested, jokingly, that the GOP shouldn't run a presidential candidate unless it can pass legislation to reform immigration this year. House Republicans have yet to consider a Senate immigration bill that passed last June.

It's a far cry from 2010, when the Chamber spent $33 million to usher many tea party favorites into Congress, including Sen. Paul.

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Big Business smacks Rand Paul

Barron leads to shorter Rand stand

Rand Paul took another stand against U.S. drone policy on Wednesday albeit a much shorter one than his nearly 13-hour talking filibuster in 2013.

The Kentucky senator grabbed the Senate floor shortly before 10 a.m. in opposition to David Barron, President Barack Obamas choice for a U.S. Court of Appeals who authored a controversial legal memo that underpins policies that led to the 2011 killing of U.S. citizen and al Qaeda official Anwar Al Awlaki.

Paul spoke for about a half an hour Wednesday morning, returning to the floor later to formally request a delay on a procedural vote on Barron, which is set at about 2 p.m. Democrats rejected the request, though Sen. Ron Wyden (D-Ore.), a fellow civil libertarian, praised the GOP senator for his intellectual rigor on the issue.

(Also on POLITICO:White House to reveal drone memo)

The Kentucky Republican said he would oppose the nomination of Barron whether it came from Obama or from a GOP president and urged Democrats to imagine how they would feel if Barron was a Republican nominee rather than from a member of their own party.

David Barron has written a defense of executions of American citizens not involved in combat. Make no mistake, these memos do not limit drone executions to one man. These memos become historic precedent for killing Americans abroad, Paul said Wednesday. Barron did not write or cite any legal case to justify killing an American without a trial, because no such legal precedent exists. It has never been adjudicated. No court has ever look at this. There has been no public debate because it has been held secret from the American people.

On Tuesday, Senate Majority Leader Harry Reid (D-Nev.) said that Barrons nomination will probably be OK and win eventual approval from the Senate, where most presidential nominations now need just 51 votes after a precedent-setting rules change in November gutted the Senate minoritys filibuster powers.

(Also on POLITICO:Harry Reid optimistic on David Barron)

Paul began his Wednesday speech much as he did his lengthy Stand with Rand filibuster of CIA Director John Brennans nomination last March, but the conservative lawmakers impact is hamstrung by both new Senate rules and a previously agreed-to voting schedule. Barron now needs only 51 votes Brennan needed 60 and Democrats and Republicans have already locked in a procedural vote on Barron for Wednesday, with a final vote Thursday.

Even though Paul cannot halt or delay the nomination of Barron, he and liberal Democrats had a major role in the debate, prodding the administration to release classified legal memos to senators and even agreeing to release redacted portions to the public. Some Democrats with civil libertarian leanings appeared to be reassured by those steps, but they certainly arent enough for Paul, who dusted off his #StandwithRand hashtag to encourage support for his position.

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Barron leads to shorter Rand stand

Rand Paul to Take the Floor to Again Contest Drone Policy

By Niels Lesniewski Posted at 4:30 p.m. on May 20, 2014

Paul appears set to take the floor to again protest drone policy. (Chris Maddaloni/CQ Roll Call File Photo)

Updated 7:25 p.m. | Sen. Rand Paul intends to take the Senate floor Wednesday to contest the nomination of David J. Barron to be a federal appeals court judge, though it doesnt appear the Kentucky Republican will halt Barrons confirmation.

Thats in part because the White House plans to release the legal justification for thegovernments use of unmanned drones to target U.S. citizens, according to Sen. Mark Udall.

This is a welcome development for government transparency and affirms that although the government does have the right to keep national security secrets, it does not get to have secret law, the Colorado Democrat said in a statement. I am proud the Administration appears to have heeded my call and committed to abide by a recent Second Circuit Court ruling and publicly release this memo. With this decision, I am now able to support the nomination of David Barron to the federal bench.

Its unclear exactly how long Paul plans to speak about Barron and the drone program Wednesday, but staffers around the Capitol are preparing for a late Wednesday session.

The drone issue is the same subject that prompted last years the #standwithrand filibuster of John O. Brennans nomination to be CIA director. Barron wrote memos justifying the Obama administration policy when he served asacting assistant attorney general for the Office of Legal Counsel.

I rise today to oppose the nomination of anyone who would argue that the President has the power to kill American citizens not involved in combat, Paul plans to say on Wednesday, according to an excerpt from his office. I rise today to say that there is no legal precedent for killing American citizens not directly involved in combat and that any nominee who rubber stamps and grants such power to a President is not worthy of being placed one step away from the Supreme Court.

The extended Paul floor speech wont be a filibuster, really. In fact, the Senate may well have agreed to a time limit on the debate before he speaks.

The Senate is scheduled to vote to limit debate on the Barron nomination around 2 p.m. Wednesday, with a confirmation vote set for 2 p.m. Thursday, for what could be the last vote before Memorial Day recess.

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Rand Paul to Take the Floor to Again Contest Drone Policy