Senate panel approves bill to protect special counsel

The Senate Judiciary Committee approved legislation on Thursday to protect special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE.

In a 14-7 vote, the panel approved the bipartisan proposal that deeply divided Republicans on the committee. 

With every committee Democrat backing the legislation, only one Republican was needed to secure passage.

In the end, four Republicans voted for the bill: Sens. Thom TillisThomas (Thom) Roland TillisKey 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 Anti-Trump protesters hold candlelight vigil by White House MORE (N.C.), Lindsey GrahamLindsey Olin GrahamSunday shows preview: Questions linger over Trump-Putin summit Soccer ball Putin gifted to Trump gets routine security screening Graham: Biggest problem is Trump ‘believes meddling equals collusion’ MORE (S.C.), 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 (Iowa) and Jeff FlakeJeffrey (Jeff) Lane FlakeHistory 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 (Ariz.).

Republican Sens. Orrin HatchOrrin Grant HatchLighthizer to testify before Senate next week as trade war ramps up Senators introduce bipartisan bill to improve IRS Senate panel advances Trump IRS nominee MORE (Utah), Mike LeeMichael (Mike) Shumway LeeWisconsin GOP Senate candidate rips his own parents for donations to Dems GOP moderates hint at smooth confirmation ahead for Kavanaugh GOP senators introduce resolution endorsing ICE MORE (Utah), 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 (Texas), Mike CrapoMichael (Mike) Dean CrapoThe Hill's Morning Report — Trump and Congress at odds over Russia On The Money: Trump rips Fed over rate hikes | Dems fume as consumer agency pick refuses to discuss border policy | Senate panel clears Trump IRS nominee Dems fume as Trump's consumer bureau pick refuses to discuss role in border policy MORE (Idaho), Ben SasseBenjamin (Ben) Eric SasseChristine Todd Whitman: Trump should step down over Putin press conference GOP lambasts Trump over performance in Helsinki GOP senator: Senate should be 'disgusted' by Helsinki summit MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzCruz: 'I'm glad' Disney fired James Gunn over 'horrible' tweets Washington needs to end hidden inflation tax on our capital gains GOP tax writer introduces bill to reduce capital gains taxes MORE (Texas) opposed it.

The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by 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, who has railed against him in public and reportedly talked in private of dismissing him.

The bill, sponsored by Tillis and Graham (R-S.C.) with Sens. Cory BookerCory Anthony BookerKavanaugh returns questionnaire to Senate panel Booker calls on Kavanaugh to recuse himself on Trump-related cases Anti-Trump protesters hold candlelight vigil by White House MORE (D-N.J.) and Christopher CoonsChristopher (Chris) Andrew CoonsAnti-Trump protesters hold candlelight vigil by White House Hillicon Valley: EU hits Google with record B fine | Trump tries to clarify Russia remarks | Sinclair changing deal to win over FCC | Election security bill gets traction | Robocall firm exposed voter data Overnight Defense: More Trump drama over Russia | Appeals court rules against Trump on transgender ban | Boeing wins Air Force One contract | Military parade to reportedly cost M MORE (D-Del.), would codify Department of Justice regulations that say only a senior Department of Justice official can fire Mueller or another special counsel.

It would give a special counsel an "expedited review" of their firing. If a court determines that it wasn't for "good cause," the special counsel would be reinstated.

The committee also added new reporting requirements into the bill, including notification when a special counsel is appointed or removed and requiring a report be given to Congress after an investigation wraps up; that report would detail the investigation's findings and prosecution decisions.

Sen. Mike Lee (R-Utah) blasted the reporting requirements as “reckless” because it would require a special counsel to hand over the names of individuals whom they decided not to prosecute.

But Democrats praised Grassley for being willing to compromise on his amendment, marking a political 180 from as recently as Wednesday, when Democrats were concerned Grassley’s amendment could sink the bill.

Sen. Dick DurbinRichard (Dick) Joseph DurbinChicago detention facility under investigation following allegations of abuse of migrant children Senate approves resolution warning Trump not to hand over US officials Deal to fix family separations hits snag in the Senate MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinSunk judicial pick spills over into Supreme Court fight Senate GOP breaks record on confirming Trump picks for key court Deal to fix family separations hits snag in the Senate MORE (D-Calif.), the top Democrat on the panel, warned that she would vote against the bill “in its entirety.”

But the publicly released version of Grassley’s amendment didn’t include a provision that would have required a notification to Congress about changes to the “specific nature or scope” of Mueller’s investigation.

Feinstein praised Grassley on Thursday for making the “necessary compromises.” 

“We have a piece of legislation that I believe will stand the test of time and will also stand the test of scrutiny,” she said.

The legislation now heads to the full Senate, where it faces entrenched opposition from key Republicans, including Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellPelosi: 'Thug' Putin not welcome in Congress GOP to White House: End summit mystery Sunk judicial pick spills over into Supreme Court fight MORE (Ky.).

“I'm the one who decides what we take to the floor, that's my responsibility as the majority leader, and we will not be having this on the floor of the Senate,” McConnell told Fox News earlier this month.

The bill doesn't have the 60 votes necessary to pass the Senate, and has even less of a chance to pass the more conservative House. It also would be unlikely to win the two-thirds support needed to override a presidential veto.

McConnell and most GOP senators say publicly that they believe Trump will ultimately decide not to fire Mueller, a former FBI director who is widely respected in Washington. 

They also argue the legislation isn't constitutional and, even if passed, would face a challenge in the courts.

“The special counsel must be permitted to complete his investigation. President Trump should not, and I believe will not, end the investigation,” Hatch wrote in a Wall Street Journal op-ed on Wednesday. 

But Hatch, underscoring how most Republicans believe it would be a colossal mistake for Trump to fire Mueller, said the special counsel’s removal would “trigger a crisis, possibly even impeachment.” 

Much of the debate during Thursday's committee vote was between Republican senators on the panel.

The Judiciary Committee voted down an amendment from Cornyn, Hatch and Lee that would have gutted the special counsel bill and replaced it with a nonbinding sense of the Senate resolution on allowing Mueller to finish his investigation.

Sasse, Crapo and Kennedy joined Hatch, Lee and Cornyn to support the GOP amendment.

Grassley, Tillis, Graham, Flake and Cruz voted against the amendment.

- Updated at 11:23 a.m.