Harkening back to the days of appointing torture memo author Jay Bybee to a lifetime position as a federal judge, the Obama administration has nominated David Barron, author of at least two Office of Legal Counsel (OLC) Justice Department memos authorizing the killing of American citizens without due process, to serve on the First Circuit Court of Appeals. WaPo reports:

Senate Democrats — and Rand Paul — are pressuring the administration to release at least two memos authored by Barron that justified the killing of Anwar al-Awlaki, an American citizen and senior al-Qaeda operative. The administration has granted Senators access to the memos, which probably ensures that Barron will be confirmed.

In a climate where secret legal interpretations that depart significantly from the text of existing laws are far too commonplace, we are so desperate for a shred of transparency that the White House agreeing to show Senators the secret memos is enough to grease the wheels for Barron's confirmation.

The memos are indefensible. If the logic is anything like the New York Times described, they raise serious questions Barron should have to answer at a public confirmation hearing. Including, first and foremost, how can the Executive branch play judge, jury and executioner for American citizens far from any battlefield? But, even Senators who have seen the memo will be unable to publicly question Barron about the memos because they are classified, likely intentionally kept secret to avoid precisely the questions Senators (and the public) should be asking Barron.