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Udall and the CIA

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Tuesday, Dec. 9, 2014 12:09 AM

Colorado’s Sen. Mark Udall seems intent on going out with a bang, and good for him. The mission he has taken on could be of critical importance to the future of the United States and its credibility as a beacon of freedom and democracy.

And in this matter, his successor – now-Rep. Cory Garner – should support him.

Udall wants to see to it that a classified report from the Senate Intelligence Committee on the Central Intelligence Agency’s use of torture be made public. To accomplish that, he is reportedly considering reading the entire report into the record from the Senate floor.

It is a historic and welcome stance. Sen. Dianne Feinstein, D-California, has been in talks with the White House and the CIA over redactions the agency has sought. She has reportedly met with some success in limiting them, but the report is still expected to include some.

But as Udall said in August, “The CIA should not face its past with a redaction pen, and the White House must not allow it to do so.”

The senator should be clear that if the CIA or any supporters insist on self-protective redactions in the report, he will carry through with his plan and read the whole thing into the record.

That could take a while. The full report is said to run to 6,300 pages. A 600-page executive summary is expected to be released early this week.

Udall has said that what is in the report about CIA interrogation methods will “shock” most Americans. If so, that is all the more reason to make it public. In a republican form of government, citizens have a right to know what has been done with their taxes and in their name, why and by whom.

There is also the disturbing fact that in situations such as this, the only people being effectively shielded from knowing whatever the CIA has done are the American people. If the agency engaged in torture after the Sept. 11 attacks, we can be sure that al-Qaida and its backers know all about it.

Moreover, Udall can read the report on the Senate floor without fear of official retribution. The Speech and Debate clause of the U.S. Constitution – Article 1, Section 6 – says of senators and representatives that “for any Speech or Debate in either House, they shall not be questioned in any other Place.”

Precedent supports Udall as well. In 1971, then-Sen. Mike Gravel of Alaska read all 4,100 pages of the Pentagon Papers into the Senate record. Those papers proved that the government had lied about the Vietnam War to Congress and the American people.

Udall, who lost his re-election bid to Republican Gardner, has only a few weeks left as a U.S. senator. Many in that situation would effectively retire. By taking this on, however, he is using his time – and the considerable power even a lame-duck senator can wield – to good use.

By standing up for transparency, honesty and decency – the issue is torture, after all – Udall is solidly in line with American values. Ronald Reagan was fond of quoting Pilgrim leader John Winthrop referring to America as a “shining city on a hill.” It is an image that captures this nation’s best qualities and highest aspirations.

But there is no room in that vision for torture or for lying about what was done. Udall is right to threaten to read the report into the record – and if pressed, he should do so.

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