The White House legal advisor who framed the administrations legal references for drone killing of American citizens is due to be confirmed without allowing his drone memos to be reviewed prior to confirmation vote.  Yeah, we have a problem with that…. 

WASHINGTON DC – Bolstered by the promised public release of a secret legal memo, Senate Democrats are ready to approve a top federal judgeship for a former Obama administration official who helped formulate the justification for the drone killings of suspected American terrorists overseas.

The Senate was expected Thursday to approve David Barron to join the 1st U.S. Circuit Court of Appeals, which is based in Boston.

Barron cleared a pivotal hurdle Wednesday when senators voted 52-43 to end opponents’ efforts to derail the nomination. In that roll call, Barron was opposed by every voting Republican and two Democrats, Sens. Mary Landrieu of Louisiana and Joe Manchin of West Virginia.

Barron’s selection by President Barack Obama became a battleground over administration claims that it has constitutional authority to use unmanned, armed drones to kill Americans overseas who are believed to be terrorists. Lawmakers from both parties also criticized the administration for refusing to reveal the public documents explaining its rationale.

“Sections of the playbook for combatting terrorism will often need to be secret,” said Sen. Ron Wyden, D-Ore. “But the rulebook that the United States follows should always be available to the American public.”

The Harvard Law School professor has also drawn Republican fire as being too liberal.

At issue were an unknown number of memos that Barron wrote in 2009 and 2010, while acting head of the Justice Department’s Office of Legal Counsel, providing the legal rationale for the drone attacks. Attorney General Eric Holder has said such killings are legal abroad if the American targeted poses an imminent threat to the U.S. and cannot be captured.

In 2011, a U.S. drone in Yemen killed American-born *Anwar al-Awlaki, who administration officials say became an al-Qaida leader. Officials acknowledge three other Americans killed by drones but say they weren’t specifically targeted.  (read more)

*It should also be noted that Anwar al-Awlaki never had a criminal charge against him.  No indictment, no warrant, nothing.    In addition his movements were followed for over 30 days prior to the drone attack by more than 3 dozen CIA field agents.   He could not be arrested, because there was no actual indictment against him.

Amendment VI – In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.