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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How Donald Trump is slouching towards the Republican nomination

There was supposed to be a ceiling above which Trump’s popular support could not climb.

In America, you can judge a crowd by its merchandise. Outside the Connecticut Convention Centre in Hartford, frail old men and brawny moms are selling “your Trump 45 football jerseys”, “your hats”, “your campaign buttons”. But the hottest item is a T-shirt bearing the slogan “Hillary sucks . . . but not like Monica!” and, on the back: “Trump that bitch!” Inside, beyond the checkpoint manned by the Transportation Security Administration and the secret service (“Good!” the man next to me says, when he sees the agents), is a family whose three kids, two of them girls, are wearing the Monica shirt.

Other people are content with the shirts they arrived in (“Waterboarding – baptising terrorists with freedom” and “If you don’t BLEED red, white and blue, take your bitch ass home!”). There are 80 chairs penned off for the elderly but everyone else is standing: guys in motorcycle and military gear, their arms folded; aspiring deal-makers, suited, on cellphones; giggling high-school fatsos, dressed fresh from the couch, grabbing M&M’s and Doritos from the movie-theatre-style concession stands. So many baseball hats; deep, bellicose chants of “Build the wall!” and “USA!”. (And, to the same rhythm, “Don-ald J!”)

A grizzled man in camouflage pants and combat boots, whose T-shirt – “Connecticut Militia III%” – confirms him as a member of the “patriot” movement, is talking to a zealous young girl in a short skirt, who came in dancing to “Uptown Girl”.

“Yeah, we were there for Operation American Spring,” he says. “Louis Farrakhan’s rally of hate . . .”

“And you’re a veteran?” she asks. “Thank you so much!”

Three hours will pass. A retired US marine will take the rostrum to growl, “God bless America – hoo-rah!”; “Uptown Girl” will play many more times (much like his speeches, Donald J’s playlist consists of a few items, repeated endlessly), before Trump finally looms in and asks the crowd: “Is this the greatest place on Earth?”

There was supposed to be a ceiling above which Trump’s popular support could not climb. Only a minority within a minority of Americans, it was assumed, could possibly be stupid enough to think a Trump presidency was a good idea. He won New Hampshire and South Carolina with over 30 per cent of the Republican vote, then took almost 46 per cent in Nevada. When he cleaned up on Super Tuesday in March, he was just shy of 50 per cent in Massachusetts; a week later, he took 47 per cent of the votes in Mississippi.

His rivals, who are useless individually, were meant to co-operate with each other and the national party to deny him the nomination. But Trump won four out of the five key states being contested on “Super-Duper Tuesday” on 15 March. Then, as talk turned to persuading and co-opting his delegates behind the scenes, Trump won New York with 60 per cent.

Now, the campaign is trying to present Trump as more “presidential”. According to his new manager, Paul Manafort, this requires him to appear in “more formal settings” – without, of course, diluting “the unique magic of Trump”. But whether or not he can resist denouncing the GOP and the “corrupt” primary system, and alluding to violence if he is baulked at at the convention, the new Trump will be much the same as the old.

Back in Hartford: “The Republicans wanna play cute with us, right? If I don’t make it, you’re gonna have millions of people that don’t vote for a Republican. They’re not gonna vote at all,” says Trump. “Hopefully that’s all, OK? Hopefully that’s all, but they’re very, very angry.”

This anger, which can supposedly be turned on anyone who gets in the way, has mainly been vented, so far, on the protesters who disrupt Trump’s rallies. “We’re not gonna be the dummies that lose all of our jobs now. We’re gonna be the smart ones. Oh, do you have one over there? There’s one of the dummies . . .”

There is a frenzied fluttering of Trump placards, off to his right. “Get ’em out! . . . Don’t hurt ’em – see how nice I am? . . . They really impede freedom of speech and it’s a disgrace. But the good news is, folks, it won’t be long. We’re just not taking it and it won’t be long.”

It is their removal by police, at Trump’s ostentatious behest, that causes the disruption, rather than the scarcely audible protesters. He seems to realise this, suddenly: “We should just let ’em . . . I’ll talk right over them, there’s no problem!” But it’s impossible to leave the protesters where they are, because it would not be safe. His crowd is too vicious.

Exit Trump, after exactly half an hour, inclusive of the many interruptions. His people seem uplifted but, out on the street, they are ambushed by a large counter-demonstration, with a booming drum and warlike banners and standards (“Black Lives Matter”; an image of the Virgin of Guadalupe, holding aloft Trump’s severed head). Here is the rest of the world, the real American world: young people, beautiful people, more female than male, every shade of skin colour. “F*** Donald Trump!” they chant.

After a horrified split-second, the Trump crowd, massively more numerous, rallies with “USA!” and – perplexingly, since one of the main themes of the speech it has just heard was the lack of jobs in Connecticut – “Get a job!” The two sides then mingle, unobstructed by police. Slanging matches break out that seem in every instance to humiliate the Trump supporter. “Go to college!” one demands. “Man, I am in college, I’m doin’ lovely!”

There is no violence, only this: some black boys are dancing, with liquid moves, to the sound of the drum. Four young Trump guys counter by stripping to their waists and jouncing around madly, their skin greenish-yellow under the street lights, screaming about the building of the wall. There was no alcohol inside; they’re drunk on whatever it is – the elixir of fascism, the unique magic of Trump. It’s a hyper but not at all happy drunk.

As with every other moment of the Trump campaign so far, it would have been merely some grade of the cringeworthy – the embarrassing, the revolting, the pitiful – were Trump not slouching closer and closer, with each of these moments, to his nomination. 

This article first appeared in the 28 April 2016 issue of the New Statesman, The new fascism