By Kevin Rogers
Opinion Assignment Editor
Sen. Rand Paul, R-Ky., cemented himself as one of the leading defenders of American liberty in Congress last Wednesday.
Paul, seeking answers on the Obama administration’s drone strike program, stood for 13 hours to filibuster the confirmation of CIA nominee John Brennan. Paul focused on one core question: does the executive branch have the authority to order a drone strike to kill a non-combatant American on U.S. soil?
It seems like an easy question, but it took the filibuster and a few extra hours for Paul to receive a clear “no” from the administration. The Senate ultimately confirmed Brennan, but Paul had his answer and rightly claimed victory.
Paul didn’t resort to reading phone books or Shakespeare to keep the floor. He, with help from Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, kept the debate centered on drones with appropriate documents, news stories and analyses.
Paul found support beyond the Senate’s conservative wing. By night’s end, a total of 14 senators, including Ron Wyden, D-Ore., and Minority Leader Mitch McConnell, R-Ky., spoke in support of the effort.
I had the opportunity to watch a scattered five hours of the filibuster, and Paul gave the impression that he truly cared about the drone problem. A diverse group of senators moved to back Paul and #StandWithRand tweets on Twitter surged. I felt the magic, but some didn’t.
The next day, a couple of old-guard Republicans sauntered to the Senate floor to condemn Paul’s meaningful filibuster. In response to Paul’s air of genuine concern, John McCain, Ariz., and Lindsey Graham, S.C., broke out the contempt and condescension.
According to McCain, Paul did a “disservice to a lot of Americans by making them believe that somehow they’re in danger from their government,” Mediaite reported on March 7.
Evidently, McCain believes Paul’s attempt to seek clarity on whether or not the president can order the killing of a non-combatant citizen posed an affront to citizens. I certainly didn’t feel disserviced, and I imagine the millions who voiced their support on Twitter didn’t feel disserviced either.
Graham feigned offense at Paul’s concerns.
“I find the question offensive,” Graham said on the Senate floor. “I do not believe that question deserves an answer.”
Speak for yourself, Mr. Graham, but I feel the opposite. America is better off with the definitive “no” from the administration. And if it’s such a stupid, offensive question, why did it take so long for the administration to respond to Paul’s concern?
Maybe Graham and McCain are right. Maybe Americans don’t deserve this level of accountability from the executive branch. Maybe Paul is just a hack politician trying to score points with “impressionable libertarian kids in their college dorms,” as McCain put it.
Or maybe they’re just upset that they can’t rally the popular support Paul achieved that night. Nobody’s clamoring for a second McCain run for the White House, and a ham sandwich could inspire more passion than Graham.
You simply can’t say the same for Paul. The dedication he displayed during his filibuster was engaging, admirable and boasted the leadership that ought to be required of elected officials.
Paul said Graham and McCain were on “the wrong side of history” on drone strikes. Hopefully he’s correct, and posterity won’t look too kindly on those who would grant the executive branch unlimited war powers on American soil.
The drone program poses a clear constitutional issue. Paul rightly asked if the administration had the power to serve as judge, jury and executioner for citizens on U.S. soil. Such a power would infringe upon the right to due process.
But because of Paul and his allies, we have an answer, and our liberties are better preserved for it.
Paul said the filibuster was only the beginning of his push to reaffirm American liberties. In a column for The Washington Post, Paul expressed hope that his stand would prompt a wide discussion on executive authority. I think he’ll be successful in that goal.
Americans should be grateful for Paul’s stand and those who supported him in his filibuster. Because of their efforts, Americans got the clear answer on executive power they deserve.
