Ex-senator says Democrat likely to risk revealing classified impeachment document from Pence aide
A former lawmaker expects one of the Senate Democrats to speak out about a classified letter from an aide to Vice President Mike Pence that has become part of the impeachment fight. Claire McCaskill, who was a Democratic senator from Missouri from 2007 to 2019, told an MSNBC panel that her on Wednesday. Claire McCaskill, who was a Democratic senator from Missouri from 2007 to 2019, told an MSNBC panel that her former colleagues are frustrated by the concealment of the document, which was admitted as impeachment evidence on Wednesday. McCaskill said their frustration could lead to a “risky” disclosure because they believe it was improperly classified. "Senators, if they go to a classified briefing or they look at a classified document and they are confident that it is not, it should not be classified, they can speak out and tell people about it," McCaskill said. After host Rachel Maddow suggested that a senator could risk this and talk about what is in the letter on TV, McCaskill said, "Their staff will probably go crazy and go, 'Don't you dare. This is way too risky.' But I'm willing to bet with the stakes involved here that if there's something important in that document and it's not legitimately classified, somebody will in fact speak about it."
Former U.S. Attorney Chuck Rosenberg, a critic of President Trump who was also on the panel, described such a move as "quite risky," noting there is a potential national security "danger" if the senator does not fully understand how such information was collected. The document was submitted as supplemental testimony from Pence aide Jennifer Williams and relates to a phone call the vice president had with Ukrainian President Volodymyr Zelensky in September. Appearing before House investigators, Williams described Trump's July call with Zelenksy, which sparked impeachment proceedings, as "unusual" and "inappropriate." Supreme Court Chief Justice John Roberts, who is presiding over the Senate impeachment trial, announced late Wednesday that “a single, one-page classified document identified by the House managers" would not be made part of the public record or printed.
Some Democratic senators who saw the document in a classified room on Thursday claimed they did not see any information warranting its classification, and House impeachment managers, including House Intelligence Committee Chairman Adam Schiff, said he would like to have somebody from the Trump administration under oath explain the situation because I don’t think it’s defensible."' While making an announcement on TV is one thing, senators have put the protections of the "Speech or Debate"''' Clause of the Constitution to the test in the past, such as the effort to enter the Pentagon Papers into the Congressional Record in the early 1970s.
Rosenberg advised against McCaskill's suggested gambit, but the former senator argued the courts could be a saving grace as the Trump administration would have to prove the document deserved to be classified. "If they do do it, then it goes to the court because the only risk to them is that they are charged with disclosing information. And then it goes in front of a judge, and a judge looks at it and goes, 'Well, there's nothing here classified. This is just Donald Trump trying to hide stuff.'"
https://www.washingtonexaminer.com/news/ex-senator-says-democrat-likely-to-risk-revealing-classified-impeachment-document-from-pence-aide