The man behind the Obama administration’s controversial drone program is up for a promotion. But David Barron, a Harvard Law School professor, faces a tough road ahead to be appointed as judge for the Court of Appeals for the First Circuit.

As acting assistant attorney general, Barron was tasked with authoring a memo that gave the supposed legal rationale for killing Americans citizens abroad if they were involved in terrorism. That decision has been widely contested by Republicans and Democrats in Congress.

Last year, the United States government acknowledged for the first time that four Americans had been killed in drone strikes since 2009. The government also admitted that it only meant to kill one of those Americans – Anwar al-Awlaki. He was the man behind the “underwear bomber” plan.

Senator Chuck Grassley (R-IA), ranking member of the Senate Judiciary Committee, said on Thursday, “Without full disclosure to the full Senate of all materials on this nominee’s involvement in the legal case for the administration’s drone program, this nomination should not proceed.”

Fox News’ Catherine Herridge reported that it’s unclear how many legal opinions were written for the program.

Today on The Real Story, Fox News senior judicial analyst Judge Andrew Napolitano explained why he thinks Barron’s nomination is a “terrible” idea.

“For him to become a judge, he’d have to take an oath to uphold the Constitution. And the Constitution absolutely, unequivocally prohibits the extra judicial killing of Americans,” Judge Napolitano said, adding even if they’re “bad guys.”

He also wondered why the administration is keeping the memos confidential. “We’re looking for their rationale, they’re logic. There’s nothing secret about that.”