Will Senators Filibuster Chuck Hagel’s Nomination to Get the Targeted Killing Memo?

Eleven Senators just sent President Obama a letter asking nicely, for at least the 12th time, the targeted killing memo. They remind him of his promise of transparency and oversight.

In your speech at the National Archives in May 2009, you stated that “Whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions — by Congress or by the courts.” We applaud this principled commitment to the Constitutional system of checks and balances, and hope that you will help us obtain the documents that we need to conduct the oversight that you have called for. The executive branch’s cooperation on this matter will help avoid an unnecessary confrontation that could affect the Senate’s consideration of nominees for national security positions. 

And asks — yet again — for “any and all memos.”

Specifically, we ask that you direct the Justice Department to provide Congress, specifically the Judiciary and Intelligence Committees, with any and all legal opinions that lay out the executive branch’s official understanding of the President’s authority to deliberately kill American citizens.

But perhaps the most important part of this letter is that it refers not just to John Brennan’s nomination, but to “senior national security positions.”

As the Senate considers a number of nominees for senior national security positions, we ask that you ensure that Congress is provided with the secret legal opinions outlining your authority to authorize the killing of Americans in the course of counterterrorism operations.

There are just 11 Senators on this list:

  • Ron Wyden (D-Ore.)
  • Mike Lee (R-Utah)
  • Mark Udall (D-Colo.)
  • Chuck Grassley (R-Iowa)
  • Jeff Merkley (D-Ore.)
  • Susan Collins (R-Maine)
  • Dick Durbin (Ill.)
  • Patrick Leahy (D-Vt.)
  • Tom Udall (D-N.M.)
  • Mark Begich (D-Alaska)
  • Al Franken (D- Minn.)

And just three of these — Wyden, Mark Udall, and Collins — are on the Intelligence Committee. That’s not enough to block Brennan’s confirmation.

But it may be enough to block Hagel’s confirmation, given all the other Republicans who are opposing him.

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Emptywheel Twitterverse
JimWhiteGNV RT @ZaidJilani: Bolivia announces travel sanction against Israel http://t.co/NBVJbwCb23
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bmaz @kdrum Oh, I figured as much. Many others though, it strikes me, seem to think it is actually credible evidence legally.
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bmaz @Mansfield2016 @djsziff Agree, is very good. Also touches on why I think Halbig loses but not legally bad faith arg. cc @brianbeutler @kdrum
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JimWhiteGNV @ZaidJilani Yes. This morning I cited Reagan stopping cluster bombs to Israel in '82 as precedent for halting tanks & tank ammo.
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bmaz @jadler1969 @brianbeutler @kdrum Right, and they may well no if DC reverses en banc
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JimWhiteGNV RT @ZaidJilani: Obama can halt arms transfers to Israel, he has this power. He continues those transfers despite the killing and now a cond…
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JimWhiteGNV RT @ghazalairshad: Israel bombs kids at UN school. US condemns & in same breath approves immediate transfer of weapons. Rinse & repeat http…
39mreplyretweetfavorite
JimWhiteGNV RT @ksecus: We just cut programs to feed children but we can just automatically send millions in ammo to Israel at the drop of a hat.#CNN
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bmaz Law clerk hard at work http://t.co/rxefA3bN5d
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bmaz @jadler1969 @brianbeutler @kdrum I don't think they will want to do that. Only question I have is whether it is 5-4 or 6-3. My guess 6-3.
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emptywheel @onekade Should have had the farmer's market lunch I had: MI plums and this kickass quiche from (I kid you not) Climax.
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bmaz RT @BradMossEsq: @csoghoian shamed me to the point that I finally downloaded Signal for encrypted telecomms. Somewhere @bmaz is breathing a…
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