Kamala Harris calls for Senate to protect Mueller probe as Rosenstein faces potential dismissal

Kamala Harris calls for Senate to protect Mueller probe as Rosenstein faces potential dismissal
© Greg Nash

Sen. Kamala HarrisKamala HarrisThe Memo: Debate or debacle? Biden will keep debating Trump, campaign says Joe Scarborough urges Biden: 'Do not do anymore debates' MORE (D-Calif.) on Monday called for the Senate to pass legislation that would protect 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's Russia investigation, a move that comes amid news reports that Deputy Attorney General Rod RosensteinRod RosensteinMueller in rare statement pushes back on top aide's criticism of investigation This week: Senate kicks off Supreme Court fight DOJ kept investigators from completing probe of Trump ties to Russia: report MORE expects to be fired.

"The Senate must pass legislation to protect special counsel Robert Mueller TODAY," Harris wrote on Twitter.

"Republican leaders must allow it to be voted on. We can no longer afford to wait. This is a matter of preserving the rule of law," she added.

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Multiple news outlets reported Monday morning that Rosenstein, who oversees Mueller's Russia probe, was preparing for his departure as the second-ranking official within the Department of Justice (DOJ).

Axios reported Monday that Rosenstein had verbally offered his resignation to chief of staff John KellyJohn Francis KellyMORE. The reported move came just days after The New York Times published an article saying Rosenstein in 2017 proposed surreptitiously recording President TrumpDonald John TrumpFive takeaways from Trump-Biden debate clash The Memo: Debate or debacle? Democrats rip Trump for not condemning white supremacists, Proud Boys at debate MORE, and that he discussed with DOJ colleagues the possibility of invoking the 25th Amendment to remove Trump from office.

NBC News on Monday reported that Rosenstein is refusing to resign and that he intends to force Trump to fire him if the president wants him out.

Harris's call for legislative action was echoed by other Democrats, including Sens. Kirsten GillibrandKirsten GillibrandSunday shows preview: Lawmakers prepare for SCOTUS confirmation hearings before election Sunday shows preview: Justice Ginsburg dies, sparking partisan battle over vacancy before election Suburban moms are going to decide the 2020 election MORE (N.Y.) and Patrick LeahyPatrick Joseph LeahyBipartisan representatives demand answers on expired surveillance programs Democrats shoot down talk of expanding Supreme Court Battle over timing complicates Democratic shutdown strategy MORE (Vt.).

"It is more urgent than ever that the Senate pass S.2644, the bipartisan bill to protect the independence of the Special Counsel," Leahy said on Twitter. "If we do not defend the rule of law in these moments, we risk losing it."

Democrats have repeatedly called for action on legislation that would protect Mueller's probe.

In April, House Speaker Paul RyanPaul Davis RyanBiden's debate game plan? Keep cool and win Trump, Biden have one debate goal: Don't lose RNC chair on election: We are on track to win the White House MORE (R-Wis.) said he didn't think such legislation was "necessary."

Noel Francisco, the solicitor general, would be in charge of overseeing Mueller's investigation if Rosenstein resigns or is fired.