Sen. Jeff FlakeJeffrey (Jeff) Lane FlakePence casts tie-breaking vote for Trump appeals court judge Dem: 'Disheartening' that Republicans who 'stepped up' to defend Mueller are leaving Flake: Republican Party ‘is a frog slowly boiling in water’ MORE (R-Ariz.) announced Thursday that he will try to force a vote on legislation protecting special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe MORE after President TrumpDonald John TrumpHouse Republicans move to block Yemen war-powers votes for rest of Congress Trump says he's considering 10 to 12 contenders for chief of staff Michael Flynn asks judge to spare him from jail time MORE ousted Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsPress: Mueller closes in on Trump Mueller's findings don't matter The Hill's Morning Report — Trump shakes up staff with eye on 2020, Mueller probe 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 Jay RosensteinMueller’s real challenge Graham vows to push Trump’s AG pick through Judiciary Committee House GOP set to grill Comey 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 McConnellOval Office clash ups chances of shutdown On The Money: Trump, Dems battle over border wall before cameras | Clash ups odds of shutdown | Senators stunned by Trump's shutdown threat | Pelosi calls wall 'a manhood thing' for Trump Mellman: Enemies of democracy 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