Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeBiden nominates former Sen. Tom Udall as New Zealand ambassador Biden to nominate Jane Hartley as UK ambassador: report The Hill's Morning Report - Presented by Goldman Sachs - Voting rights will be on '22, '24 ballots MORE (R-Ariz.) announced Thursday that he will try to force a vote on legislation protecting special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE after President TrumpDonald TrumpFormer New York state Senate candidate charged in riot Trump called acting attorney general almost daily to push election voter fraud claim: report GOP senator clashes with radio caller who wants identity of cop who shot Babbitt MORE ousted Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsWant to evaluate Donald Trump's judgment? Listen to Donald Trump Democrat stalls Biden's border nominee Garland strikes down Trump-era immigration court rule, empowering judges to pause cases MORE Wednesday.
 
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"When the Senate convenes next week, @ChrisCoons and I will ask for unanimous consent to bring S.2644, the Special Counsel Independence and Integrity Act, to a vote on the Senate floor. After the firing of The AG, it is more important than ever to protect the Special Counsel," Flake said in a tweet. 
Under Senate rules, Flake can go to the floor and ask for consent to set up a vote or even pass a piece of legislation. But any one senator can block his request, and given the opposition within the GOP caucus to the special counsel bill, Flake's move will likely be unsuccessful. 
 
The Senate Judiciary Committee passed legislation last year that would protect Mueller, or any other special counsel, in the event he is fired, but the bill has stalled amid opposition from GOP leadership. 
 
The bill would codify Justice Department regulations that say only a senior DOJ 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.
 
Flake's decision to try to get a vote next week comes after Trump removed Sessions as attorney general this week and named Matthew Whitaker, Sessions's chief of staff, as his temporary replacement.
 
The Justice Department confirmed that Whitaker would take over oversight of Mueller's investigation into the 2016 election, which Deputy Attorney General Rod RosensteinRod RosensteinWashington still needs more transparency House Judiciary to probe DOJ's seizure of data from lawmakers, journalists The Hill's Morning Report - Biden-Putin meeting to dominate the week MORE had overseen after Sessions recused himself last year due to his work on the Trump campaign.
 
Whitaker has previously been critical of Mueller's investigation and his ascendence to atop the Justice Department on Wednesday sparked immediate calls from Democrats for him to recuse himself and for Congress to pass legislation protecting Mueller.
 
But Democrats, who are in the minority, are not able to muscle through legislation protecting Mueller on their own. And Republicans, including Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMcConnell: 'It never occurred to me' convincing Americans to get vaccinated would be difficult The 17 Republicans who voted to advance the Senate infrastructure bill Senate votes to take up infrastructure deal MORE (R-Ky.), have repeatedly denied the need for the bill because they have said they do not believe Trump will fire Mueller.
 
"I haven't seen a clear indication yet that we needed to pass something to keep him from being removed because I don't think that's going to happen, and that remains my view," McConnell told reporters in April