When Republican challenger Cory Gardner defeated incument Democrat Mark Udall in Colorado, it was a huge victory for constitutional government and individual liberty. However, that victory might yield one final benefit even before Gardener takes office in January. Mark Udall, a member of the Senate Intelligence Committee is considering releasing all or part of a secret government report on the CIA’s torture program before he leaves office.
As a member of Congress, Udall has immunity from prosecution for releasing classified information as part of the “Speech or Debate Clause” if he does so on the floor of the Senate. He could read the entire unredacted report in a speech or filibuster and suffer no criminal consequence because of the congressional exception and no political consequence since he’s leaving office.
The report was compiled by the Senate Intelligence Committee from 2009 to 2012 based on documents from the detention and interrogation program started after the September 11 attacks. Senator Dianne Feinstein, who has no problem with the government’s wholesale violation of American privacy rights, summarizes the report as follows: