Rand Paul's #filiblizzard filibuster
March 6th, 2013
11:59 PM ET
10 years ago

Rand Paul's #filiblizzard filibuster

(CNN) - Sen. Rand Paul ended his day-long filibuster at 12:38 a.m. Thursday, almost 13 hours after he began speaking. The Kentucky Republican tried to stall a confirmation vote on CIA Director nominee John Brennan.

He took to the Senate floor at 11:47 a.m. ET.

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And as a snow storm swirled outside Wednesday in the nation's capital, Paul started his own Twitter hash tag that encapsulated his hours-long stand-off on Capitol Hill: #filiblizzard.

The Kentucky senator, known for his libertarian leanings, has sharply questioned the Obama administration's use of drones against American citizens overseas and vowed to speak Wednesday until he received more answers from the government about its policies. Brennan is considered one of the main architects of the drone program.

Paul in particular wants to know whether the government believes it has the authority to carry out drone attacks against American citizens on U.S. soil. He took issue with Attorney General Eric Holder's recent admission, in which he said he could envision a scenario where a drone strike would, in fact, be ordered against Americans on U.S. soil.

While Holder said it's never been done before and he could only see it in an extraordinary circumstance, Paul said he's disturbed by the idea that an American citizen would lose his or her rights while within the country's borders.

"I rise today to begin to filibuster John Brennan's nomination for the CIA," Paul said. "I will speak until I can no longer speak. I will speak as long as it takes."

Wearing a dark grey suit and a red tie, Paul detailed his argument, staring intently at the Senate leaders presiding over the floor. The first-term senator stood with a thick binder full of notes in front of him–but he rarely looked at them.

Paul, who hasn't ruled out a 2016 presidential bid, said he doesn't consider President Barack Obama is a "bad person," but he said the president is also "not a judge."

"He's a politician," Paul said. "He was elected by a majority, but the majority doesn't get to decide who we execute. We have a process for deciding this. We have courts for deciding this, to allow one man to accuse you in secret, you never get notified you have been accused."

He continued: "Your notification is the buzz of the propellers on the drone as it flies overhead in the seconds before you're killed."

Holder narrowed the list of those possible extraordinary circumstances Wednesday. In testimony before the Senate Judiciary Committee, Sen. Ted Cruz, R-Texas, pressed Holder whether he believed it would be constitutional to target an American terror suspect "sitting at a cafe" if the suspect didn't pose an imminent threat.

After first saying it would be "inappropriate," Holder attempted to clarify his answer by giving a firm "no."

But he also said the government has no intention of carrying out drone strikes inside the United States. Echoing what he said in a letter to Paul, he called the possibility of domestic drone strikes "entirely hypothetical."

Paul, who was elected in 2010 with wide tea party support, said he understands that due process doesn't apply to combat zones overseas.

"But when people say, 'Oh, the battlefield's come to America' and 'the battlefield's everywhere,' 'the war is limitless in time and scope,' be worried, because your rights will not exist if you call America a battlefield for all time," the senator said.

The term filibuster–which originates from a Dutch word meaning "pirate"–caught fire in the 1850s when it became a popular method to hold up a bill or vote on the Senate floor.

Nearly seven hours in, Paul's filibuster is hardly a record. In the 1930s, Sen. Huey Long from Louisiana was known for reciting Shakespeare and reading recipes on the Senate floor when he filibustered. He once held the floor for 15 hours.

Former Sen. Strom Thurmond of South Carolina holds the record. He famously filibustered for 24 hours and 18 minutes against the Civil Rights Act of 1957.

In recent history, independent Sen. Bernie Sanders of Vermont held the floor in 2010–though technically not through a filibuster–to protest a tax-cut deal for eight hours and 37 minutes.

Three hours in, Paul showed little signs of fatigue. He frequently shifted weight from one leg to the other and rested his hands on the desk from time to time. But a full glass of water sat untouched in front of him, and Paul rarely let go of his eye contact with his Senate colleagues.

After about six hours, however, Paul's level of fervor began to fade. The pace of his speech slowed down and he read more often from notes. Around 6:15 p.m. ET, he chowed down a snack in between sentences, talking with his mouth full.

For most of the time, Paul squarely placed blame on the president for what he perceived a dangerous precedent in federal law. The Kentucky senator was quick to make comparisons between President Obama and candidate Obama.

"I think it's also safe to say that Barack Obama of 2007 would be right down here with me arguing against this drone strike program if he were in the Senate," he said. "It amazes and disappoints me how much he has actually changed from what he once stood for."

Obama said there's something "contagious" about the office of presidency and cited the famous quote by John Dalberg-Acton.

"It's not just power corrupts, but that 'absolute power corrupts absolutely'," Paul said. "I think people can become intoxicated with power. I don't know if that's the explanation for President Obama's about-face. He was one, when he was in this body believed, in some restraint."

But Paul did not endure the filibuster by himself. At three hours and 10 minutes, he began sharing his time with other Republican senators, Mike Lee of Utah, Ted Cruz of Texas, Jerry Moran of Kansas, Marco Rubio of Florida, Saxby Chambliss of Georgia, John Cornyn of Texas, John Barrasso of Wyoming, John Thune of South Dakota, and Pat Toomey of Pennsylvania, who each weighed in with questions and their own commentary.

"I would note that your standing here today like a modern Mr. Smith Goes to Washington must surely be making Jimmy Stewart smile," Cruz said to Paul. His appearance represented his first time to speak on the Senate floor. "And my only regret is that there are not 99 of your colleagues here today standing with you."

Cruz noted that Wednesday marked the anniversary of the fall of the Alamo in San Antonio, Texas. Comparing the fight to Paul's effort on the Senate floor, Cruz said "Texans are proud" to see Paul (a native Texan) standing up "for liberty."

He then read a famous letter–perhaps in a move to kill time–from William Barret Travis in 1836, asking for more back-up at the Alamo.

Cruz, talking to Paul, said he hopes the "glorious letter give(s) you encouragement and sustenance on this 177th anniversary on the Alamo."

At just over four hours, the filibuster took an interesting twist when a Democratic senator, Ron Wyden of Oregon, came to the floor to assist and make the stand-off a bipartisan effort.

It's important to note that the drone controversy is one of the few issues where the far right and the far left sync up. While Wyden said he wants to make his point about the targeted killing of Americans by drones, he said he will still vote for Brennan at the end of the day. He did so in the Senate Intelligence Committee.

"Senator Paul and I agree that this nomination also provides a very important opportunity for the United States Senate to consider the government's rules and policies on the targeted killings of Americans," he said.

At just around five hours into the filibuster, Senate Majority Leader Harry Reid came to the floor to gauge whether or not the Senate could hold a vote on Brennan Wednesday night.

He tried to limit the remaining time for debate to 90 minutes, but Paul objected, saying he wants answers from Holder that clarify his remarks on drones Wednesday morning.

Reid said he can't speak for the administration and canceled his request, meaning there would be no full vote on Brennan Wednesday.

The filibuster had its light-hearted moments, as well. When Rubio stepped up to join the filibuster, he had some words of wisdom for Paul.

"I know you've been here awhile. Let me give you some advice - keep some water nearby. Trust me," Rubio joked, poking fun at his now-famous sip of water during the middle of his Republican response to the president's State of the Union address last month.

Around 7:30 p.m. ET, Cruz returned to the floor to read aloud tweets about Paul's filibuster.

"I think the technical term for what the Twitterverse is doing right now is called 'blowing up'," Cruz said, highlighting the slogan–"Stand with Rand"–that's spreading online.

In the ninth hour, Lee again took over the spotlight so Paul could have a break. While the senator from Utah was speaking, Paul chatted with House members and paced back and forth in between the Senate desks. Since beginning the talking filibuster shortly before noon, he has not sat down or taken a bathroom break.

Well into the 11th hour, Rubio returned and at one point started quoting the musical artist Jay-Z.

A short time later, Senate Minority Leader Mitch McConnell came to the floor to express his support for the effort.

"At whatever point we get to a cloture vote to extend debate on the nomination of Brennan, it is my view that cloture should not be invoked. This is a controversial nominee. Should cloture be invoked, I intend to oppose the nomination and congratulate my colleague from Kentucky for this extraordinary effort," McConnell said.

And with midnight quickly approaching, Paul’s support from his colleagues only seemed to be intensifying. Republican members of Congress began gathering in the Senate chamber in solidarity. And at 11:47 pm Republican National Committee Chairman Reince Priebus tweeted an all-call to Republican senators who weren't already on the floor:

[tweet https://twitter.com/Reince/status/309524616265728002%5D

Paul continued to talk so he wouldn’t have to relinquish the floor, but he did not have to stay on the floor to keep his filibuster going. Although he was drawing attention to his objections to the administration's drone policy, senators are not required to be on the floor to block a vote, unlike previous times.

So what would have happened if Paul had kept going?

At some point, Reid was expected to make a parliamentary move that would start the clock ticking for a vote to break the filibuster. Sixty votes would have been needed to break the filibuster, and as Paul himself has acknowledged, he didn’t have the votes to succeed.

After that procedural vote to break the filibuster, Paul still could have dragged things out—-the rule allows an additional 30 hours of debate–into the weekend, before there would be a final vote to confirm Brennan.

But, Paul instead yielded the floor early Thursday morning, allowing Senator Dick Durbin to file cloture to end debate on Brennan’s nomination.

- CNN's Terry Frieden, Dana Bash, Rachel Streitfeld and Alison Harding contributed to this report.

Filed under: John Brennan • President Obama • Rand Paul • Senate
soundoff (290 Responses)
  1. Ron

    Senator Paul is wrong: Hitler was NEVER democratically elected to anything. He was APPOINTED chancellor by President Hindenburg in 1933. Senator Paul follows in the footsteps of Palin and other right-wingers in playing loose with historical facts.

    March 7, 2013 01:23 pm at 1:23 pm |
  2. Ugh

    What a waste of time and energy throwing up this straw man argument. He is just as loony as his father. Does the POTUS need to "answer" every ridiculous question? This is the same ridiculously cheap rhetorical tactic employed by the childhood game of "Have you stopped beating your wife?" which was oh so popular in my elementary school.

    "Mr. President, why have you not yet answered the question as to whether or not you will feed the Christians to the lions? What could be more pressing than answering this question? It goes to the heart of our civil liberties! I will stand up here and prevent all of the rest of you from conducting any legitimate business until this vital question is answered!"

    March 7, 2013 01:24 pm at 1:24 pm |
  3. Joe Mama

    For all of you voicing objections in the form of questions to Senator Paul, he actually addressed most of your points. You just are not seeing those things quoted in this article. He specifically asked if US citizens can be targeted and killed in the US without due process even if they DO NOT currently pose an immediate threat. And our government would not say no. Once the government has a power, they have it forever, regardless of who is in charge. You sure you are ok with that?

    March 7, 2013 01:30 pm at 1:30 pm |
  4. bla

    The man does have a point here. I'm no fan of the Paul family, but Rand is asking a very important question that needs to be answered. Whether or not we like the answer given is irrelevant right now, we just need an answer.

    March 7, 2013 01:30 pm at 1:30 pm |
  5. WhereIsPalin

    Hey Kentucky...........nice choice.

    March 7, 2013 01:32 pm at 1:32 pm |
  6. Anonymous

    god bless a real leader

    March 7, 2013 01:37 pm at 1:37 pm |
  7. CraigRB

    Maybe we can send a drone to Paul's house.

    March 7, 2013 01:38 pm at 1:38 pm |
  8. gladiatorgrl

    Rand Paul put his wife and relatives on a board HE created to certify him to practice as an eye doctor. WHY would anyone trust anything this man says?

    March 7, 2013 01:40 pm at 1:40 pm |
  9. Rudy NYC

    bla wrote:

    The man does have a point here. I'm no fan of the Paul family, but Rand is asking a very important question that needs to be answered. Whether or not we like the answer given is irrelevant right now, we just need an answer.
    He's asking a self-serving question that plays to the fears of right wing extremist, armed militia groups. The ones who fear the black helicopters landing on their lawns and assaulting their homes. They just now figured out that the government can take them out by long distance with a drone. No helicopters required. They're scared. Paul had asked Eric Holder for a guarantee, but Holder simply didn't give him one.

    March 7, 2013 01:41 pm at 1:41 pm |
  10. gary

    Sad that one man can keep congress from doing anything. Democracy?

    March 7, 2013 01:49 pm at 1:49 pm |
  11. evan

    Rand Paul is as whacky as his father & a bigger air bag to boot. Daddy must be so proud.

    March 7, 2013 01:50 pm at 1:50 pm |
  12. DD from the Bronx

    True loyal American free of speech!! I give him credit for stand-up for Americans. We can't loose our right because government decides or act under false pretense to kill Americans or its Americans because they have different views, which many dont accept now but will later. This will give the rise to power of a few and those oppose will be threatened or killed in our homeland. This is not America, we can't be violent punished for our voice. And this is why we stop Washington from punishing Americans without the due process.
    Whether it is BUSH or OBAMA or any future presidents, the answer is still no. You can't kill American without Due Process or else we live under dictatorship, which suggests we maybe.

    I applause Senator Rand Paul for his courage.!! It is a rare quailty of a few politicians these days!!

    March 7, 2013 01:58 pm at 1:58 pm |
  13. Anialac Zavala

    I don't often agree with Rand Paul, but the POTUS needs to answer this question immediately. After all this is the same President who originally promised not to sign NDAA, only to sign it later when pressured by his party. NDAA allows the Gov the right to indefinitely detain US citizens without a trial. He simply put in the signing line that he would not exercise this authority. We saw the same flip flopping by the President on his promise to not pass a internet regulation bill, only to support it later after pressure from his party. I thought the Democrats were supposed to be better than this? Unfortunately, once the democrats got control of congress and the presidency they did all of the things that they criticized the Republicans for doing. I for one will not be duped again by the 2 party system.

    March 7, 2013 02:03 pm at 2:03 pm |
  14. tarura

    Sen.Paul is right – no POTUS shall have a right to kill a citizen – we have courts to sentence criminals.

    By the way – it's time for McCain and Graham to retire. Send the traitors back home.

    March 7, 2013 02:05 pm at 2:05 pm |
  15. TexDoc

    You can't fault him this time. The president is not a dictator, he just can't kill anyone he wants.

    March 7, 2013 02:05 pm at 2:05 pm |
  16. Anonymous

    Paul had the "wrong" shoes and was hurting after 13 hours. Will ankle chuckles and 13 years in jail help?

    March 7, 2013 02:06 pm at 2:06 pm |
  17. jstop88

    I want to thank Senator Paul, and all the Senators who supported his effort (Republican and Democrat alike) for taking a stand and forcing a national conversation on this incredibly important issue!

    March 7, 2013 02:13 pm at 2:13 pm |
  18. z2cents

    Glad to see Rand Paul standing up for the likes like Anwar al-Awlaki..

    March 7, 2013 02:28 pm at 2:28 pm |
  19. glk20c

    Thank you Rand Paul for standing up for American freedoms and civil liberties.

    March 7, 2013 02:29 pm at 2:29 pm |
  20. Anonymous

    Rand just wants to keep his name in the news. Please don't confuse this with him actually caring about what he is talking about.. He just want to hear himself talk.

    March 7, 2013 02:30 pm at 2:30 pm |
  21. Diane

    So when Cheney/bush started this were were all of you then????????

    March 7, 2013 02:33 pm at 2:33 pm |
  22. Ayn Killin

    Thank you RAND. Haters gonna hate. Ignore them.

    March 7, 2013 02:33 pm at 2:33 pm |
  23. nappi11

    He did nothing and I say nothing to change the new agenda. If your conspiring with known terrorist and we have proof you are, speaking to a cousin terrorist or whom ever. You still maybe have this Drone send a nice missile into your house. So keep sending money and conspiring to a known terrorist, cousin or not. So there's your answer Rand Paul.

    March 7, 2013 02:34 pm at 2:34 pm |
  24. ANNIER

    Senator McCain, i am an ardent democrat, who is most grateful to your service to this country. You are an American hero, whom i admire, and whose books i have read and enjoyed. it is time for you to go back to arizona and enjoy golf, and your grandchildren.

    March 7, 2013 02:35 pm at 2:35 pm |
  25. Wanda Mc Conihay

    IMHO the only thing Rand Paul (R) Kentucky proved yesterday with his 13 hour filibuster was that he is full of hot air!

    March 7, 2013 02:36 pm at 2:36 pm |
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