David Jeremiah Barron
David Jeremiah Barron
|Judge of the United States Court of Appeals for the First Circuit|
|Assumed office |
May 23, 2014
|Appointed by||Barack Obama|
|Preceded by||Michael Boudin|
|Assistant Attorney General for the Office of Legal Counsel|
|Preceded by||Steven G. Bradbury (Acting)|
|Succeeded by||Jonathan G. Cedarbaum (Acting)|
David Jeremiah Barron
July 7, 1967
|Education||Harvard University (B.A.)|
Harvard Law School (J.D.)
David Jeremiah Barron (born July 7, 1967) is a United States Circuit Judge of the United States Court of Appeals for the First Circuit and former S. William Green Professor of Public Law at Harvard Law School. He previously served as the Acting Assistant Attorney General of the Office of Legal Counsel at the United States Department of Justice.
Early life and education
Barron was born on July 7, 1967, in Washington, D.C. and is the son of George Washington University Law School professor and former dean Jerome A. Barron. He received a Bachelor of Arts degree, magna cum laude, in 1989, from Harvard College, serving as president of the Harvard Crimson. After graduation, he worked as a reporter for The News & Observer in Raleigh, North Carolina, from 1989 to 1991. Returning to school, he received a Juris Doctor, magna cum laude, in 1994, from Harvard Law School, serving on the Harvard Law Review. He worked as a law clerk for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit from 1994 to 1995 and for Justice John Paul Stevens of the United States Supreme Court from 1995 to 1996. He worked as an attorney-advisor in the Justice Department's Office of Legal Counsel from 1996 to 1999.
In 2009, while on leave from his faculty position, Barron rejoined the Office of Legal Counsel as Acting Assistant Attorney General. In 2010, he authored a secret memo which provided the legal foundation for President Obama's unprecedented decision to order a drone strike on Anwar al-Awlaki, an American citizen who was a radical Islamic militant living in Yemen. Barron's memo was described by The New York Times Editorial Board as "a slapdash pastiche of legal theories — some based on obscure interpretations of British and Israeli law — that was clearly tailored to the desired result." A lawyer for the ACLU described the memo as "disturbing" and "ultimately an argument that the president can order targeted killings of Americans without ever having to account to anyone outside the executive branch."
For Barron's service, he received the National Intelligence Exceptional Achievement Medal from the Office of the Director of National Intelligence, as well as the Secretary of Defense Medal for Outstanding Public Service.
Barron returned to the Harvard Law School faculty in 2010 and was named the S. William Green Professor of Public Law in 2011. In 2012, he was appointed by Massachusetts Governor Deval Patrick to the Massachusetts Board of Higher Education. and the Massachusetts State College Building Authority. He left academia in 2014 after his confirmation as a federal judge.
Federal judicial service
On September 24, 2013, President Obama nominated Barron to serve as a United States Circuit Judge of the United States Court of Appeals for the First Circuit, to the seat vacated by Judge Michael Boudin, who took senior status on June 1, 2013. On January 16, 2014, his nomination was reported out of committee. On Thursday, May 15, 2014 Senate Majority Leader Harry Reid filed a motion to invoke cloture on the nomination. On Wednesday, May 21, 2014, the Senate agreed to the motion to invoke cloture by a vote of 52-43. Several senators, including Mark Udall (D) and Rand Paul (R), pledged to oppose Barron's nomination unless the administration publishes the secret memos Barron authored on the legality of killing American citizens with drone strikes. Until senators began raising concerns about Barron's nomination, only those on the Judiciary and Intelligence committees had seen any of the classified memos. On May 22, 2014, the Senate voted 53–45 for final confirmation to the United States Court of Appeals for the First Circuit. He received his judicial commission on May 23, 2014.
Barron is known for coauthoring with Martin S. Lederman a Harvard Law Review article titled "The Commander in Chief at the Lowest Ebb - Framing the Problem, Doctrine and Original Understanding," which was an attack of the advice given by the Office of Legal Counsel to President George W. Bush justifying Bush's use of executive power during the War on Terror.
In 2016, Simon & Schuster published his book Waging War: The Clash Between Presidents and Congress, 1776 to ISIS. In February 2017, Barron was named the winner of Norwich University's 2017 Colby Award, which is awarded for works that make major academic contributions to the understanding of military history, intelligence activities, and foreign relations.
- Roberts, Dan (May 21, 2014). "US Senate clears way for drone memo author's judicial nomination". The Guardian. Retrieved May 6, 2019.
- Freedman, Jamie L. (Fall 2007). "Striking a Chord". GW Law School magazine. Washington, DC.
- White House Office of the Press Secretary (September 24, 2013). "President Obama Nominates David Jeremiah Barron to Serve on the United States Court of Appeals" (Press release). Washington, D.C. Retrieved November 18, 2015.
- "Barron, David Jeremiah - Federal Judicial Center". www.fjc.gov. Retrieved May 6, 2019.
- Savage, Charlie (October 9, 2011). "Secret U.S. Memo Made Legal Case to Kill a Citizen". The New York Times. Retrieved May 6, 2019.
- The New York Times Editorial Board (June 24, 2014). "A Thin Rationale for Drone Killings". The New York Times. Retrieved November 18, 2015.
- Lauter, David; Phelps, Timothy (June 23, 2014). "Memo justifying drone killing of American Al Qaeda leader is released". Los Angeles Times. Retrieved November 18, 2015.
- "David J. Barron". Harvard Law School. Retrieved May 23, 2014.
- "Presidential Nominations Sent to the Senate". September 24, 2013.
- "Executive Business Meeting". United States Senate. Committee on the Judiciary. Archived from the original on March 5, 2014. Retrieved January 16, 2014.
- "U.S. Senate Roll Call Votes 113th Congress - 2nd Session". Vote Summary: Vote Number 161. United States Senate. Retrieved May 21, 2014.
- Miller, Greg (May 6, 2014). "White House to provide lawmakers access to drone memo authorizing killing of American". Washington Post. Retrieved May 16, 2014.
- Serwer, Adam (May 16, 2014). "Left at odds over nomination of kill memo author David Barron". MSNBC.com. Retrieved May 19, 2014.
- "U.S. Senate Roll Call Votes 113th Congress - 2nd Session". United States Senate. Retrieved May 22, 2014.
- Barron, David J. (January 2008). "The Commander in Chief at the Lowest Ebb – Framing the Problem, Doctrine, and Original Understanding". Harvard Law Review. p. 689. Retrieved May 6, 2019.
- Greenwald, Glenn (October 9, 2011). "The Awlaki memo and Marty Lederman". Salon.com. Retrieved May 18, 2014.
- "Waging War". Simon & Schuster. Retrieved May 6, 2019.
- Barron, David J. (2016). Waging War: The Clash between Presidents and Congress, 1776 to ISIS. New York: Simon & Schuster. ISBN 9781451681970. OCLC 944380362
- Manning, Scott; Larkin, Daphne (February 15, 2017). "David J. Barron Wins Norwich University Award for Best Military Book" (Press release) – via vtdigger.org.
- David Jeremiah Barron at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
- David Barron at Ballotpedia
- Appearances on C-SPAN
| Judge of the United States Court of Appeals for the First Circuit