U.S. Sen. Mark Udall has seven weeks left in office, but the Colorado Democrat isn't prepared to go quietly — especially when it comes to the twin issues of CIA torture and government snooping.
In his first interview since Election Day, Udall told The Denver Post that he would "keep all options on the table" — including a rarely used right given to federal lawmakers — to publicize a secret report about the harsh interrogation techniques used by CIA agents in the aftermath of the 9/11 terrorist attacks.
He also vowed to make one final push to curb the National Security Agency and its power to gather information on ordinary Americans.
"Trying to run out the clock ... is not an option," Udall said Thursday of the long-hidden CIA report. "The truth will come out."
Udall's pledge to make a last stand comes amid a chorus of pleas from media outlets and civil libertarians.
Mere hours after Udall lost his re-election bid to Republican Cory Gardner, one columnist with The Guardian newspaper — the British publication made famous in the U.S. for its coverage of the Edward Snowden-NSA affair — urged Udall to " go out with a bang" and make public the CIA torture report.
For months, members of the U.S. Senate Select Committee on Intelligence, which includes Udall, have feuded with the Obama administration over the release of the committee's own review of CIA tactics after al-Qaeda's strikes on New York City and the Pentagon.
Some details that are probably included in the report already have come to light — such as the near-drowning technique, known as waterboarding, used against terrorism suspects — but the Senate and White House remain deadlocked on how much information should be redacted from an executive summary of the 6,000-plus-page report.
With negotiations still in limbo, now nearly two years after the committee finished its investigation, free-speech advocates have leaned on Udall to take matters into his own hands before leaving office.
And he's not saying no.
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"Transparency and disclosure are critical to the work of the Senate intelligence committee and our democracy, so I'm going to keep all options on the table to ensure the truth comes out," Udall said.
That includes a little-used privilege of the U.S. Constitution called the "Speech or Debate Clause," which has been suggested by civil libertarians to shake loose the information.
"I mean, I'm going to keep all options on the table," said Udall when asked specifically about that method.
As written, the Speech or Debate Clause gives lawmakers near-blanket immunity from prosecution when speaking on the floor of the U.S. House or Senate — even if they reveal classified information.
The most famous example of its use came in the early 1970s when then-U.S. Sen. Mike Gravel of Alaska wielded its power to force the Pentagon Papers into the congressional record, an effort that supplemented reporting by The New York Times on the secret Vietnam War documents.
Reached by phone, Gravel urged Udall to chart a similar course.
"I would hope that Sen. Udall would want to enjoy that legacy in history," he said. "He could do it without any risk for himself, and certainly (it would be) of great benefit to the American people."
Udall said he hopes it doesn't come to that.
"I do think we're close to an agreement," he said of negotiations with the White House.
Even if those talks break down, the Senate intelligence committee also has the ability to unmask classified information through an arcane process known as S. Res. 400 — although that method would require buy-in from other lawmakers.
Asked about Udall's comments, a spokesman for U.S. Sen. Dianne Feinstein, the California Democrat who heads the intelligence committee, said little, other than to note that she planned to "release the study in the coming weeks, once work concludes on declassification."
Yet even that might not be enough for Udall.
"I'm not going to accept the release of any version of the executive summary that doesn't get out the truth of this program," he said. "Not only do we have to shed light on this dark chapter of our nation's history, but we've got to make sure future administrations don't repeat the grave mistakes."
The White House, responding in a written statement, maintained that President Barack Obama wants the report "declassified as expeditiously as possible." But that "protecting our national security" also is a priority.
"We will continue to work with the Committee on our shared goal of seeing the report declassified and released," it read.
Forcing the release of the CIA torture report isn't the only item left on Udall's to-do list. He also was optimistic about putting checks on the NSA through a bill that Senate Majority Leader Harry Reid has scheduled for a vote during Congress' post-election session.
"I would eagerly embrace that opportunity on the floor to reform the NSA's activities," Udall told The Post.
He has been a longtime critic of the means in which U.S. authorities conduct surveillance — notably the mass collection of phone records — and in early September warned of other potentially invasive methods, notably the use of "geo-location technology" and "travel invoices."
Udall previously has commended parts of the NSA reform bill, which is sponsored by U.S. Sen. Patrick Leahy, D-Vt., but also has warned it doesn't go far enough. Specifically, Udall wants more restrictions on the ability of the NSA and other agencies to probe electronic records without a warrant.
"That's been my mission: protect Americans' privacy," Udall said.
Good for him. He's been very consistent about his concerns in these areas, and I fully believe that he won't leave office without doing whatever he can to push for major accountability and changes.
I'm still so fucking disheartened that Udall lost.