David Barron | |
|---|---|
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| Chief Judge of theUnited States Court of Appeals for the First Circuit | |
| Assumed office April 1, 2022 | |
| Preceded by | Jeffrey R. Howard |
| Judge of theUnited States Court of Appeals for the First Circuit | |
| Assumed office May 23, 2014 | |
| Appointed by | Barack Obama |
| Preceded by | Michael Boudin |
| United States Assistant Attorney General for theOffice of Legal Counsel | |
Acting | |
| In office 2009–2010 | |
| Preceded by | Steven G. Bradbury (acting) |
| Succeeded by | Jonathan Cedarbaum (acting) |
| Personal details | |
| Born | David Jeremiah Barron 1967 (age 57–58) Washington, D.C., U.S. |
| Spouse | Juliette Kayyem |
| Children | 3 |
| Education | Harvard University (BA,JD) |
David Jeremiah Barron (born 1967) is an American lawyer who serves as theChief United States circuit judge of theUnited States Court of Appeals for the First Circuit and former S. William Green Professor of Public Law atHarvard Law School. He previously served as the ActingAssistant Attorney General of theOffice of Legal Counsel at theUnited States Department of Justice.
Barron was born 1967 inWashington, D.C., and is the son ofGeorge Washington University Law School professor and former deanJerome A. Barron.[1] He received aBachelor of Arts degree,magna cum laude, in 1989, fromHarvard College, serving as president of theHarvard Crimson. After graduation, he worked as a reporter forThe News & Observer inRaleigh,North Carolina, from 1989 to 1991.
Returning to school, Barron received aJuris Doctor,magna cum laude, in 1994, fromHarvard Law School, where he was a member of theHarvard Law Review. He was alaw clerk for JudgeStephen Reinhardt of theUnited States Court of Appeals for the Ninth Circuit from 1994 to 1995 and for JusticeJohn Paul Stevens of theUnited States Supreme Court from 1995 to 1996. He worked as an attorney-advisor in theJustice Department's Office of Legal Counsel from 1996 to 1999.[2]
Barron joined the Harvard Law School faculty as an assistant professor in 1999 and became a professor in 2004. He left the faculty upon his confirmation to theCourt of Appeals in 2014.[3][2]
In 2009, while on leave from his faculty position, Barron rejoined the Office of Legal Counsel as Actingassistant attorney general. In 2010, he authored a secret memo which provided the legal foundation forPresident Obama's unprecedented decision to order a drone strike onAnwar al-Awlaki, an American citizen who was a radical Islamic militant living in Yemen.[4] Barron's memo was described byThe 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."[5] A lawyer for theACLU 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."[6]
For Barron's service, he received theNational Intelligence Exceptional Achievement Medal from the Office of theDirector of National Intelligence, as well as theSecretary of Defense Medal for Outstanding Public Service.[2]
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 GovernorDeval Patrick to the Massachusetts Board of Higher Education.[7] and the Massachusetts State College Building Authority.[2] He left academia in 2014 after his confirmation as a federal judge.[3]
He was elected fellow of theAmerican Academy of Arts and Sciences in 2020.[8]
On September 24, 2013, PresidentBarack 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 JudgeMichael Boudin, who assumedsenior status on June 1, 2013.[9] On January 16, 2014, his nomination was reported out of committee by a 10–8 vote.[10] On Thursday, May 15, 2014, Senate Majority LeaderHarry Reid filed a motion to invokecloture on the nomination. On Wednesday, May 21, 2014, theUnited States Senate invoked cloture on his nomination by a 52–43 vote.[11] Several senators, includingMark Udall (D) andRand Paul (R), pledged to oppose Barron's nomination unless the administration published the secret memos Barron authored on the legality of killing American citizens with drone strikes.[12] Until senators began raising concerns about Barron's nomination, only those on the Judiciary and Intelligence committees had seen any of the classified memos.[13] On May 22, 2014, his nomination was confirmed by a 53–45 vote.[14] He received his judicial commission on May 23, 2014.[3] He became Chief Judge on April 1, 2022, when JudgeJeffrey R. Howard assumedsenior status.[15]
Barron is known for coauthoring withMartin S. Lederman aHarvard Law Review article titled "The Commander in Chief at the Lowest Ebb - Framing the Problem, Doctrine and Original Understanding",[16] which was an attack on the advice given by the Office of Legal Counsel to PresidentGeorge W. Bush justifying Bush's use of executive power during thewar on terror.[17]
In 2016, Simon & Schuster published his bookWaging War: The Clash Between Presidents and Congress, 1776 to ISIS.[18][19] In February 2017, Barron was named the winner ofNorwich University's 2017Colby Award, which is awarded for works that make major academic contributions to the understanding of military history, intelligence activities, and foreign relations.[20]
| Legal offices | ||
|---|---|---|
| Preceded by | Judge of theUnited States Court of Appeals for the First Circuit 2014–present | Incumbent |
| Preceded by | Chief Judge of theUnited States Court of Appeals for the First Circuit 2022–present | |
| International | |
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| National | |
| Academics | |
| Other | |
