The Judge Barron Fight: ‘Is an Accusation Enough for the Death Penalty?’

The Judge Barron Fight: ‘Is an Accusation Enough for the Death Penalty?’

When I first heard about Obama’s nomination of David Barron to a federal court, I felt like I was living in the twilight zone. The feeling got even stronger after the U.S. Senate, who are supposed to protect and uphold the Constitution and serve the people living in the land of the free, voted 53-45 for Judge Barron’s lifetime confirmation to the U.S. Court of Appeals for the First Circuit.

We’re living in strange and interesting times, but what’s really depressing and quite dangerous is that partisanship has taken the place of common sense and true constitutionalism in the U.S. Senate. As Rand Paul said in his short filibuster, if the nomination of David Barron had occurred during the Bush years, given the “memo” record of soon-to-be Judge Barron and his total disregard for due process and the U.S. Constitution, the Democrats would have never voted for this guy to be appointed as a Federal Judge.

I must remind you that David Barron authored at least two “secret memos” that “legally” justified the assassination of U.S. citizens abroad using drones, without a trial, based on accusations only and “imminent threats”. In other words, you can say goodbye to due process, goodbye to habeas corpus, welcome to North Korea. Or to quote G.W. Bush, another die-hard Constitutionalist, forget about the words written on an old “goddamned” piece of paper.

These drone memos co-authored by Judge Barron should have been a serious obstacle to his confirmation. The ACLU even petitioned the Senate urging senators not to vote on Barron’s nomination until the secret memos were made public by the White House.

That never happened. Only the Senate was given access to the “killing memos.” On the day before Rand Paul’s filibuster, the White House finally agreed to make the memos public, in accordance to a FOIA lawsuit, but only AFTER the vote in the Senate.

Bottom line, the vote took place and despite Rand Paul’s passionate arguments for Democrats not to vote for Judge Barron’s confirmation, they did. Rand Paul explained very clearly it’s not a matter of transparency, but a matter of substance after all. Let me quote Rand:

This isn’t a debate about transparency. This is a debate about whether or not American citizens not involved in combat are guaranteed due process.

Make no mistake, these memos don’t limit drone executions to one individual these memos become historic precedent for killing citizens abroad.

President Obama now puts forward David Barron whose memos justify the killing of an American citizen without trial.

I can’t tell you what Barron wrote in the memos. The President forbids it. I can tell you what Barron did not write. He did not write or cite any legal precedent for killing an American citizen not involved in combat. Because no such precedent exists.

Only two DEMS joined him against Judge Barron’s nomination: Mary Landrieu of Louisiana and Joe Manchin of West Virginia. The rest voted for Obama’s appointee, Ron Wyden included (D-Oregon). The cognitive dissonance and the partisanship that has taken over the Democratic Party can be best exemplified when it comes to Wyden’s vote. Even if he shared the same opinions about the drone memos as Rand Paul in the past (even joining Rand Paul’s filibuster in 2013), when the moment of truth finally came, he chose to vote for the party line, not for the Constitution and God-given rights.

How do you feel about Judge Dredd Barron’s lifetime appointment to a federal court? Comment below. Get hyped up on our Facebook page. Or send us a tweet.

Written by Chris Black



WATCH: Ron Wyden and Rand Paul on David Barron’s Nomination
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