Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeTrump fights for battleground Arizona Flake cuts ad for Biden: 'Character' matters What a Biden administration should look like MORE (R-Ariz.) announced Thursday that he will try to force a vote on legislation protecting special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE after President TrumpDonald John TrumpHillary Clinton responds to Chrissy Teigen tweet: 'I love you back' Police called after Florida moms refuse to wear face masks at school board meeting about mask policy Supreme Court rejects Trump effort to shorten North Carolina mail-ballot deadline MORE ousted Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsGOP former US attorneys back Biden, say Trump 'threat to rule of law' Biden fact checks Trump on 545 families separated at border, calls policy 'criminal' Harris walks fine line on Barrett as election nears 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 RosensteinTrump turns his ire toward Cabinet members Ex-deputy attorney general says Justice Dept. 'will ignore' Trump's threats against political rivals The Hill's Morning Report - Sponsored by Facebook - Trump's erratic tweets upend stimulus talks; COVID-19 spreads in White House 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: Battle for Senate 'a 50-50 proposition' 'Packing' federal courts is already a serious problem What a Biden administration should look like 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. 
Tags Christopher Coons Mitch McConnell Rod Rosenstein Robert Mueller Jeff Sessions Donald Trump Jeff Flake Special Counsel investigation Senate