The Los Angeles Times is reporting: “President Obama’s Justice Department will release a long-sought secret document laying out the legal basis for using drones to kill Americans suspected of terrorist activities abroad, administration officials confirmed Tuesday.
“Rather than appeal a court order that the so-called ‘drone memo’ be released under the Freedom of Information Act, Atty. Gen. Eric H. Holder Jr. concurred with the decision of Solicitor Gen. Donald Verrilli not to pursue the appeal and agreed to release a redacted version of the document, the officials said. …
“The news leaked a day before the Senate was scheduled to hold a procedural vote to advance the judicial nomination of the writer of the memo, David Barron, a former Justice Department official nominated to serve on the U.S. 1st Circuit Court of Appeals in Boston.
“The promise of disclosure did not appear to derail a promised filibuster of the nomination by Republican Sen. Rand Paul of Kentucky. Paul said last week that he had read the memo and wasn’t satisfied.
“And in an advance excerpt from his prepared remarks, released Tuesday, Paul said he would oppose the nomination of ‘anyone who would argue that the president has the power to kill American citizens not involved in combat.’”
Rand Paul this morning: “Why don’t we wait on the memos to be released before voting on Barron’s nomination? #StandWithRand”
Boyle is a professor at the University of Illinois College of Law and author of Tackling America’s Toughest Questions. While the administration now states it will release the memos Barron wrote only after the Senate votes on his judgeship, an associated white paper has been made public.