Legislation protecting special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE was blocked on Wednesday for a second time in the past month.

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeFive reasons why US faces chronic crisis at border Senate GOP faces retirement brain drain Former GOP lawmaker: Republican Party 'engulfed in lies and fear' MORE (R-Ariz.), joined by Sens. Christopher CoonsChris Andrew CoonsCEOs say proposed Biden tax hike would hurt competitiveness Biden to meet Monday with bipartisan lawmakers about infrastructure Buttigieg: Biden will have 'open mind' toward changes to infrastructure bill MORE (D-Del.) and Cory BookerCory BookerThe first Southern state legalizes marijuana — what it means nationally Top Democrat calling for expansion of child care support When it comes to the Iran nuclear deal, what's a moderate Democrat to do? MORE (D-N.J.), tried to get consent to schedule the long-stalled legislation for a vote. 

Flake questioned why his colleagues weren't "up in arms" after a string of tweets from President TrumpDonald TrumpTrump: McConnell 'helpless' to stop Biden from packing court Romney on NRSC awarding Trump: Not 'my preference' McConnell sidesteps Trump calling him 'dumb son of a b----' MORE bashing Mueller's investigation into Russian interference in the 2016 presidential election.

ADVERTISEMENT

"With the president tweeting on a regular basis, a daily basis, that the special counsel is conflicted, that he is leading so-called 12 angry Democrats and demeaning and ridiculing him in every way, to be so sanguine about the chances of him being fired is folly for us," Flake said.

Trump in a tweet hours before Flake's request blasted Mueller's probe into Russian election interference and possible collusion between the president's campaign and Moscow as the "angry Mueller gang of Dems" and exclaimed that it is "our Joseph McCarthy era."

But GOP Sen. Mike LeeMichael (Mike) Shumway LeeHillicon Valley: Biden nominates former NSA deputy director to serve as cyber czar | Apple to send witness to Senate hearing after all | Biden pressed on semiconductor production amid shortage Apple to send witness to Senate hearing after pushback from Klobuchar, Lee Biden picks vocal Trump critics to lead immigration agencies MORE (Utah) objected to voting on the legislation, arguing the bill had constitutional issues.

"As Justice Scalia explains, we cannot convert an office like this one ... without creating a de facto fourth branch of government fundamentally undermining the principles of the separation of powers that is so core to our liberty," Lee said.

Flake pledged that they would come back to the Senate floor to try to set up the bill for a vote again.

Under the upper chamber's rules, senators can go to the floor to request a vote or passage of any bill or nomination. But any one senator can block their requests. 

The floor drama comes after Senate Majority Whip John CornynJohn CornynOn The Money: Biden seeks GOP support for infrastructure plan | Democrats debate tax hikes on wealthy | Biden, Congress target semiconductor shortage Hillicon Valley: Biden nominates former NSA deputy director to serve as cyber czar | Apple to send witness to Senate hearing after all | Biden pressed on semiconductor production amid shortage Lawmakers, industry call on Biden to fund semiconductor production amid shortage MORE (R-Texas) said Republican leadership was measuring support for the bill to try resolve a standoff with Flake, who is voting against judicial nominees until the Mueller protection bill gets a vote. 

"We're whipping that to see where people are. I think the leader needs that information to decide how to manage all the competing demands on our time," Cornyn said when asked about discussions within the Republican caucus about the legislation.

But there is still fierce opposition to the bill within the GOP caucus, and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump: McConnell 'helpless' to stop Biden from packing court Senate GOP opens door to earmarks McConnell sidesteps Trump calling him 'dumb son of a b----' MORE (R-Ky.) called it a “solution in search of a problem” on Tuesday. 

The president has stepped up his Twitter attacks on Mueller's probe in recent days amid several new revelations, including the special counsel's charge that former Trump campaign chairman Paul ManafortPaul John ManafortHunter Biden blasts Trump in new book: 'A vile man with a vile mission' Prosecutors drop effort to seize three Manafort properties after Trump pardon FBI offers 0K reward for Russian figure Kilimnik MORE had violated his plea agreement. 

New reports emerged on Tuesday that Manafort's attorney had been sharing information with attorneys for Trump on his former campaign aide's cooperation with the Mueller probe. 

Trump after the midterm elections forced Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsBiden picks vocal Trump critics to lead immigration agencies The Hill's Morning Report - Biden assails 'epidemic' of gun violence amid SC, Texas shootings Biden administration should resist 'slush-fund' settlements MORE to resign and named Matthew Whitaker, Sessions's chief of staff, as acting attorney general. Whitaker, who has criticized the Mueller probe, is now overseeing it in place of Deputy Attorney General Rod RosensteinRod RosensteinProtect the police or the First Amendment? Rosenstein: Zero tolerance immigration policy 'never should have been proposed or implemented' Comey argues Trump shouldn't be prosecuted after leaving Oval Office MORE

The Senate Judiciary Committee passed legislation 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 department official could 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.

Updated at 12:59 p.m.