Rand Paul's 13-hour filibuster against drone strikes sets Senate alight

The junior senator from Kentucky is now getting some much-needed rest.

Libertarian Republican senator Rand Paul, the son of wannabe Republican presidential nominee Ron Paul, made history last night with one of the longest filibuster speeches in American history. Paul spoke for thirteen hours in an attempt to delay the senate confirmation of John Brennan to run the CIA, making a case against the President's equivocation on whether or not it is legitimate to carry out drone strikes on American citizens on American soil.

The filibuster has become a standard part of Senate republican blocking tactics in recent years, in part because its meaning has changed over time. It used to be the case that to filibuster a debate meant to speak at length in order to prevent it coming to a vote, with the intention being that the Senate would run out of time and have to move on to other business.

It was in that climate that Strom Thurmond made the longest ever filibuster speech during the debate over the 1957 civil rights act, speaking for 25 hours straight against the bill. (The fact that Thurmond's marathon effort was in support of racism didn't play against him, and he went on to become the oldest and longest-serving senator in US history, switching allegiance to the Republican party in 1964 and only retiring in 2003.)

Thurmond's attempt failed because the Senate authorities were prepared to delay all future discussions until the civil rights act passed. But in recent years, merely the threat of a filibuster has been enough to cause a bill to be abandoned. Since a vote of "cloture"—a motion to end the debate and move to a vote—requires a supermajority of sixty of the hundred senators, this has the effect of meaning that the minority party, provided it has more than forty senators, can control the Senate.

Earlier in the same session, Paul had joined in with this more common style of filibustering, refusing a vote of cloture for a judicial nominee who had once sued a gun company. But taking a stand agains Brennan, he did it the old-fashioned way, speaking passionately for thirteen hours on the problems with extrajudicial killing of Americans.

Frequently in filibusters, in the US and elsewhere, the delaying tactics are transparent. Legislators have even been known to read the contents of the phonebook in an attempt to find something to say, and one memorable case in Canada involved an MP reading the entirety of his own book to the parliament. Since the Canadian Hansard is bilingual, he was accused of receiving a taxpayer-funded translation on purpose.

This time, the debate was more on-message, although Politico does report some off-topic speeches from other senators joining in the filibuster:

Sen. Ron Johnson of Wisconsin gave a speech as much about the dysfunctional Senate and the dangers of the national debt as about drone policy. Sen. Tim Scott of South Carolina said that the essential issue of liberty shouldn’t divide the political parties. Sen. Jeff Flake of Arizona told Paul “the question you’ve asked is totally right and proper.” And so on.

As Ezra Klein points out, the success of Paul's filibuster—it was the first-term senator's biggest moment in the legislature to date, and succeeded in making his objections stand out from the normal Republican obstructionism—shows that there are times when the filibuster is a positive contribution to the machinations of the Senate. Klein writes:

This is the highest purpose of the filibuster: Allowing a passionate minority to slow down the Senate and make their case to both their colleagues and the American people. If more filibusters went like this, there'd be no reason to demand reform. And if there is reform, it needs to hold open the possibility for filibusters like this.

Eventually, nature took its course and Paul retired from the chamber, ending his speech with a note of regret that Thrumond's achievement still stands:

I would try to go another 12 hours and try to break Strom Thurmond’s record, but there are some limits to filibustering and I am going to have to go take care of one of those here.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.