GOP fractures over push to protect Russia probe

GOP fissures are widening over President TrumpDonald John TrumpSchiff: Surveillance warrant docs show that Nunes memo 'misrepresented and distorted these applications' Chicago detention facility under investigation following allegations of abuse of migrant children Ex-Trump aide: Surveillance warrants are 'complete ignorance' and 'insanity' MORE’s apparent consideration of firing special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE and Deputy Attorney General Rod RosensteinRod Jay RosensteinHillicon Valley: Trump's Russia moves demoralize his team | Congress drops effort to block ZTE deal | Rosenstein warns of foreign influence threat | AT&T's latest 5G plans The Hill's Morning Report — Trump and Congress at odds over Russia Rosenstein warns of growing cyber threat from Russia, other foreign actors MORE

Trump’s days-long attack on the Russia investigation has caused heartburn among lawmakers worried that the impulsive president could ax Mueller or Rosenstein, setting off a chain of events Republicans describe as “suicide” and “catastrophic” months before a midterm elections.

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Left in political limbo, Republicans are upping their public warnings to Trump while holding out hope he is simply venting his frustration. 

"I think it would be an end to his presidency from the political chaos," said Sen. Lindsey Graham (R-S.C.), asked about potentially firing Mueller or Rosenstein, during one of his many public warnings this week.

There are signs that Trump’s focus on Mueller and the probe into potential collusion between his campaign and Moscow has inched at least some members of his party toward taking legislative action. 

A small, but growing, band of Republicans seem like they are becoming more supportive of legislation that would protect Mueller.

The legislation, introduced this week, would limit Trump’s ability to fire the special counsel, specifying that only a senior Justice Department official can get rid of him and giving Mueller, or any other special counsel, an expedited court review of their firing.

Formally, only Graham and Tillis have signed on to the legislation. But several other senators have signaled they are open to it, even if they are skeptical it could become law.

“I can support it as sending a message but I think that there are constitutional problems with it and I can’t imagine the president signing it,” said Sen. Susan CollinsSusan Margaret CollinsThe Hill's Morning Report — Russia furor grips Washington Overnight Health Care: Novartis pulls back on drug price hikes | House Dems launch Medicare for All caucus | Trump officials pushing ahead on Medicaid work requirements Senate panel to vote next week on banning 'gag clauses' in pharmacy contracts MORE (R-Maine.).

Sen. Lisa MurkowskiLisa Ann MurkowskiThis week: GOP mulls vote on ‘abolish ICE’ legislation Dem infighting erupts over Supreme Court pick McConnell: Senate to confirm Kavanaugh by Oct. 1 MORE (R-Alaska) told reporters that “it’s certainly something I would be looking at.” Meanwhile, Sen. Bob CorkerRobert (Bob) Phillips CorkerHistory argues for Democratic Senate gains GOP to White House: End summit mystery The Hill's Morning Report — Trump and Congress at odds over Russia MORE (R-Tenn.), while warning against trying to pass legislation and failing, added, “If there’s appropriate legislation, I would certainly sign on to it.” 

The legislation is expected to get a vote in committee on April 26, according to Grassley and his staff. But whether it can get 60 votes in the Senate is less clear.

Sen. Mike RoundsMarion (Mike) Michael RoundsKey GOP senator says ‘no question’ Russia is meddling in U.S. affairs GOP Senator: 'Very inappropriate' for Trump to discuss allowing Russia to question US citizens Election security bill picks up new support in Senate MORE (R-S.D.) warned that the legislation could backfire and wasn't a “good call.”

“I think it's kind of like taunting the president,” he said, “and I don't believe we need that at this time.”

A number of lawmakers are also warning Trump against firing Rosenstein, who has been a months-long target of the president’s ire because of his role overseeing the Russia investigation and for his decision to appoint Mueller.

“The consequences if he were to fire Rosenstein in order to find someone who would fire Robert Mueller would be catastrophic,” said Collins, adding that despite Trump’s “intemperate tweets” she doesn’t believe he’ll fire Mueller.

Sen. John CornynJohn CornynThe Hill's Morning Report — Trump and Congress at odds over Russia Senate GOP attempts to wave Trump off second Putin summit Senators push to clear backlog in testing rape kits MORE (R-Texas) said he’s seen no reason for Rosenstein to be fired. Asked if he would urge Trump not to fire him, the No. 2 Senate Republican hesitated before adding, “Yes.”

Many Republicans think it would be a mistake for Trump to fire Mueller or Rosenstein, believing it would create a political conflagration that could further hurt GOP efforts in the midterms.

Trump has reportedly been fuming since the FBI on Monday raided the office, residence and hotel room of his personal lawyer, Michael Cohen. The raid was based on a referral from Mueller’s team, and Rosenstein personally signed off on it. 

Trump appeared to temper himself, at least temporarily, in his public tweets on Thursday, saying that he has “historically cooperative, disciplined approach that we have engaged in with Robert Mueller (Unlike the Clintons!).”

Cornyn stopped an elevator door from closing as a gaggle of reporters told him about Trump’s “positive” tweet about cooperating with the special counsel.

Yet Trump also met with Rosenstein at the White House on Thursday to talk about “routine [Justice] Department business.” Within hours of the meeting, CNN reported that the White House was preparing talking points to discredit Rosenstein and push for his recusal from the Russia investigation.

The Senate’s public pushback comes as conservatives in the House and outside of Congress are calling on Trump to shake up the Justice Department. 

Trump allies have blanketed the airwaves, ripping the Justice Department, Mueller and the FBI.

Former Speaker Newt Gingrich (R-Ga.) told Fox News that Rosenstein has “not done his job.” He also blasted the FBI for its raid on Cohen, saying “that's Stalin. That's the Gestapo in Germany. That shouldn't be the American FBI."

Rep. Matt GaetzMatthew (Matt) GaetzGOP lawmaker criticizes calls for Trump's Russian interpreter to testify Key GOP lawmaker throws cold water on Rosenstein impeachment GOP lawmaker regrets appearing on Alex Jones's radio show MORE (R-Fla.) said it would be “warranted” to make changes at the Justice Department.  

“I think there is a sufficient basis to fire Rosenstein in particular, and likely the attorney general for not doing his job,” he told Fox News. 

Meanwhile, Rep. Devin NunesDevin Gerald NunesSchiff: Surveillance warrant docs show that Nunes memo 'misrepresented and distorted these applications' Justice Dept releases surveillance applications for former Trump aide On The Money: Trump 'ready' for tariffs on all 0B in Chinese goods | Trump digs in on Fed criticism | Lawmakers drop plans to challenge Trump ZTE deal MORE (R-Calif.), the chairman of the House Intelligence Committee, threatened to “impeach” Rosenstein and FBI Director Christopher Wray over their failure to produce documents requested by the panel.

Sen. Chuck GrassleyCharles (Chuck) Ernest GrassleyKavanaugh returns questionnaire to Senate panel Sunk judicial pick spills over into Supreme Court fight Andrew Wheeler must reverse damage to American heartland MORE (R-Iowa) declined to comment on his House counterparts threats to impeach the No. 2 Justice Department official. But asked if he still supports Rosenstein, Grassley paused before saying, “Yeah, I think so.”

“But that doesn’t mean that I think he’s doing the right thing. I think all of Justice Department … do not keep their promise to us … [when] they make a statement when they’re up for confirmation. Will you answer our letters? Will you give us the information we want? They all turn out to be liars,” Grassley said, raising his voice to reporters.

Republicans leaders have been wary of breaking too publicly with Trump. Peppered with a stream of questions this week, they continued to insist that they didn't believe legislation on the special counsel was needed because they don't believe Trump will fire Mueller.

But the White House shifted its message on Mueller, raising eyebrows. Press secretary Sarah Huckabee Sanders told reporters that the White House had been advised that the president has the power to fire the special counsel. 

The New York Times also reported that Trump wanted to fire Mueller in December before ultimately backing down. Trump fired back against the publication, saying, "If I wanted to fire Robert Mueller in December, as reported by the Failing New York Times, I would have fired him. Just more Fake News from a biased newspaper!"

Despite the swirling controversy around Mueller’s investigation, GOP leaders said they didn’t even broach the topic at a dinner with Trump on Wednesday evening, underlining the sensitivity of the issue.

Cornyn, asked ahead of the meeting if he would bring the special counsel up, said he didn't think it would “be appropriate to talk about.”