Some say Sens. Udall and Bennet backed it knowing it would fail.

By Michael Riley
The Denver Post
Posted: 07/24/2009 01:00:00 AM MDT

The controversial expansion of gun rights that failed in the Senate in a dramatic, down-to-the-wire vote may have been orchestrated to do just that, with Colorado's senators prepared to swing either way at the last moment.

At least that's according to columnist Dana Milbank of The Washington Post, who reported that Colorado's Democratic Sens. Mark Udall and Michael Bennet were prepared to vote against the concealed-weapon amendment but voted "yes" when it became clear the measure would fail - a contention both denied.

Milbank reported that as the clock ticked down, Bennet went to New York Sen. Charles Schumer, implying that Bennet was seeking a vote count that would allow him to vote "yes" knowing that the amendment would fail anyway.

"Bennet went to the well to consult with Schumer, who indicated that it was safe for Bennet . . . to vote with the NRA. Bennet looked to Udall, who gave an approving nod, and cast his 'aye' vote," according to the account. Columnist Ryan Grim of The Huffington Post wrote a similar account.

The amendment would have made a concealed-weapon permit issued by one state valid in every state that allows similar rights and was strongly opposed by major Democratic constituencies, including big-city mayors.

The scenario suggests that Democrats were intent on defeating the amendment but also wanted to give potentially vulnerable senators - including Udall and Bennet - a way to avoid the ire of the gun lobby.

The Colorado lawmakers were among the last senators to vote - after it became clear that the amendment had lost the critical support of two Republicans. (The amendment received 58 votes in favor to 39 against, failing to reach the required 60-vote threshold.)

Bennet said Milbank's implication that he changed his vote on the amendment or would have changed his vote after talking to Schumer is wrong.

"I was voting 'yes' on the amendment," Bennet said, noting that it essentially mirrors the agreements Colorado already has with more than half the states, allowing for reciprocal concealed-carry permits.

Udall's spokeswoman, Tara Trujillo, said her boss "cast his vote on the merit, and we are not going to pick a fight with Dana Milbank over what he observed."

"Mr. Milbank was not present at any of the staff briefings we had with Mark on this issue, and before the vote," Trujillo said.

Republicans jumped on the columnist's characterization, hoping it would play into their efforts to define Bennet as indecisive.

"Having a Colorado senator crawl up to a New York senator and seek permission on how to vote is breathtaking even by Bennet's standards," state GOP chairman Dick Wadhams said in a statement.