DENVER – For a lame-duck U.S. senator, Democrat Mark Udall seems to be holding a royal flush.
When it comes to a classified report on the Central Intelligence Agency’s use of torture, Udall can wield a lot of power, forcing even classified portions of the report into the spotlight.
In the waning days of his congressional tenure – after losing a re-election bid to Republican U.S. Rep. Cory Gardner – Udall has little to lose. He can call bluffs around the U.S. Senate Select Committee on Intelligence’s negotiating table, of which he is a member.
The power is a privilege of immunity afforded to federal elected officials.
Udall is considering reading the full Intelligence Committee’s report into the congressional record, for which he would be protected by the U.S. Constitution’s Speech or Debate Clause.
Udall has said that the report will “shock” the vast majority of Americans regarding interrogation techniques used by the CIA in the aftermath of the Sept. 11 terrorist attacks.
A 600-page executive summary is expected to accompany the 6,300-page classified report. The summary could be released as early as Monday, said multiple sources.
Sen. Dianne Feinstein, D-Calif., chairwoman of the Intelligence Committee, has been negotiating with the White House and the CIA over its release.
While Feinstein had luck walking back several redactions asked for by intelligence officials, the report is expected to include several more. The extent of those redactions are not yet fully known to the public, but it could cause an outcry.
As the release of the report loomed large, Udall’s office told The Durango Herald on Thursday that the senator still is considering reading its contents into the congressional record.
“Sen. Udall said he’s keeping all options on the table,” said Mike Saccone, a Udall spokesman. “He’s focused on getting the truth out about the CIA’s potential interrogation program, the mistakes that were made as well as ensuring that no future administration and the CIA don’t repeat these mistakes again.”
The provision that would protect Udall offers lawmakers almost full protection from prosecution when speaking on the floor of the U.S. House or Senate. Legal interpretations extend that immunity to classified information.
Udall would be acting with precedent. In 1971, then-U.S. Sen. Mike Gravel of Alaska read the Pentagon Papers into the congressional record. The 4,100 pages showed that the government had lied to Congress and the public about the progress of the Vietnam War.
pmarcus@durangoherald.com