GOP fractures over push to protect Russia probe

GOP fissures are widening over President TrumpDonald TrumpThe Hill's Morning Report - Presented by Facebook - White House, Dems play blame game over evictions The Memo: Left pins hopes on Nina Turner in Ohio after recent defeats Biden administration to keep Trump-era rule of turning away migrants during pandemic MORE’s apparent consideration of firing 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 and 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

Trump’s days-long attack on the Russia investigation has caused heartburn among lawmakers worried that the impulsive president could ax Mueller or Rosenstein, setting off a chain of events Republicans describe as “suicide” and “catastrophic” months before a midterm elections.

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Left in political limbo, Republicans are upping their public warnings to Trump while holding out hope he is simply venting his frustration. 

"I think it would be an end to his presidency from the political chaos," said Sen. Lindsey Graham (R-S.C.), asked about potentially firing Mueller or Rosenstein, during one of his many public warnings this week.

There are signs that Trump’s focus on Mueller and the probe into potential collusion between his campaign and Moscow has inched at least some members of his party toward taking legislative action. 

A small, but growing, band of Republicans seem like they are becoming more supportive of legislation that would protect Mueller.

The legislation, introduced this week, would limit Trump’s ability to fire the special counsel, specifying that only a senior Justice Department official can get rid of him and giving Mueller, or any other special counsel, an expedited court review of their firing.

Formally, only Graham and Tillis have signed on to the legislation. But several other senators have signaled they are open to it, even if they are skeptical it could become law.

“I can support it as sending a message but I think that there are constitutional problems with it and I can’t imagine the president signing it,” said Sen. Susan CollinsSusan Margaret CollinsGraham's COVID-19 'breakthrough' case jolts Senate The Hill's Morning Report - Presented by Facebook - Senate finalizes .2 trillion bipartisan infrastructure bill Schumer: Democrats 'on track' to pass bipartisan deal, .5T budget MORE (R-Maine.).

Sen. Lisa MurkowskiLisa Ann MurkowskiGraham's COVID-19 'breakthrough' case jolts Senate Sarah Palin says she's praying about running for Senate against Murkowski Graham says he has COVID-19 'breakthrough' infection MORE (R-Alaska) told reporters that “it’s certainly something I would be looking at.” Meanwhile, Sen. Bob CorkerRobert (Bob) Phillips CorkerCheney set to be face of anti-Trump GOP How leaving Afghanistan cancels our post-9/11 use of force The unflappable Liz Cheney: Why Trump Republicans have struggled to crush her  MORE (R-Tenn.), while warning against trying to pass legislation and failing, added, “If there’s appropriate legislation, I would certainly sign on to it.” 

The legislation is expected to get a vote in committee on April 26, according to Grassley and his staff. But whether it can get 60 votes in the Senate is less clear.

Sen. Mike RoundsMike RoundsGraham's COVID-19 'breakthrough' case jolts Senate White House cyber chief backs new federal bureau to track threats Eight Republicans join Democrats to confirm head of DOJ environmental division MORE (R-S.D.) warned that the legislation could backfire and wasn't a “good call.”

“I think it's kind of like taunting the president,” he said, “and I don't believe we need that at this time.”

A number of lawmakers are also warning Trump against firing Rosenstein, who has been a months-long target of the president’s ire because of his role overseeing the Russia investigation and for his decision to appoint Mueller.

“The consequences if he were to fire Rosenstein in order to find someone who would fire Robert Mueller would be catastrophic,” said Collins, adding that despite Trump’s “intemperate tweets” she doesn’t believe he’ll fire Mueller.

Sen. John CornynJohn CornynGOP skepticism looms over bipartisan spending deal Biden's bipartisan deal faces Senate gauntlet Senate votes to take up infrastructure deal MORE (R-Texas) said he’s seen no reason for Rosenstein to be fired. Asked if he would urge Trump not to fire him, the No. 2 Senate Republican hesitated before adding, “Yes.”

Many Republicans think it would be a mistake for Trump to fire Mueller or Rosenstein, believing it would create a political conflagration that could further hurt GOP efforts in the midterms.

Trump has reportedly been fuming since the FBI on Monday raided the office, residence and hotel room of his personal lawyer, Michael Cohen. The raid was based on a referral from Mueller’s team, and Rosenstein personally signed off on it. 

Trump appeared to temper himself, at least temporarily, in his public tweets on Thursday, saying that he has “historically cooperative, disciplined approach that we have engaged in with Robert Mueller (Unlike the Clintons!).”

Cornyn stopped an elevator door from closing as a gaggle of reporters told him about Trump’s “positive” tweet about cooperating with the special counsel.

Yet Trump also met with Rosenstein at the White House on Thursday to talk about “routine [Justice] Department business.” Within hours of the meeting, CNN reported that the White House was preparing talking points to discredit Rosenstein and push for his recusal from the Russia investigation.

The Senate’s public pushback comes as conservatives in the House and outside of Congress are calling on Trump to shake up the Justice Department. 

Trump allies have blanketed the airwaves, ripping the Justice Department, Mueller and the FBI.

Former Speaker Newt Gingrich (R-Ga.) told Fox News that Rosenstein has “not done his job.” He also blasted the FBI for its raid on Cohen, saying “that's Stalin. That's the Gestapo in Germany. That shouldn't be the American FBI."

Rep. Matt GaetzMatthew (Matt) GaetzPhotos of the Week: Olympic sabre semi-finals, COVID-19 vigil and a loris The Hill's 12:30 Report - Presented by Facebook - CDC equates Delta to chickenpox in contagiousness Gaetz, Greene and Gohmert turned away from jail to visit Jan. 6 defendants MORE (R-Fla.) said it would be “warranted” to make changes at the Justice Department.  

“I think there is a sufficient basis to fire Rosenstein in particular, and likely the attorney general for not doing his job,” he told Fox News. 

Meanwhile, Rep. Devin NunesDevin Gerald NunesSunday shows preview: Bipartisan infrastructure talks drag on; Democrats plow ahead with Jan. 6 probe Lawmakers spend more on personal security in wake of insurrection Tucker Carlson claims NSA leaked private emails to journalists MORE (R-Calif.), the chairman of the House Intelligence Committee, threatened to “impeach” Rosenstein and FBI Director Christopher Wray over their failure to produce documents requested by the panel.

Sen. Chuck GrassleyChuck GrassleyBiden names new watchdog at finance agency after embattled IG departs McConnell warns Democrats against 'artificial timeline' for infrastructure deal Biden's bipartisan deal faces Senate gauntlet MORE (R-Iowa) declined to comment on his House counterparts threats to impeach the No. 2 Justice Department official. But asked if he still supports Rosenstein, Grassley paused before saying, “Yeah, I think so.”

“But that doesn’t mean that I think he’s doing the right thing. I think all of Justice Department … do not keep their promise to us … [when] they make a statement when they’re up for confirmation. Will you answer our letters? Will you give us the information we want? They all turn out to be liars,” Grassley said, raising his voice to reporters.

Republicans leaders have been wary of breaking too publicly with Trump. Peppered with a stream of questions this week, they continued to insist that they didn't believe legislation on the special counsel was needed because they don't believe Trump will fire Mueller.

But the White House shifted its message on Mueller, raising eyebrows. Press secretary Sarah Huckabee Sanders told reporters that the White House had been advised that the president has the power to fire the special counsel. 

The New York Times also reported that Trump wanted to fire Mueller in December before ultimately backing down. Trump fired back against the publication, saying, "If I wanted to fire Robert Mueller in December, as reported by the Failing New York Times, I would have fired him. Just more Fake News from a biased newspaper!"

Despite the swirling controversy around Mueller’s investigation, GOP leaders said they didn’t even broach the topic at a dinner with Trump on Wednesday evening, underlining the sensitivity of the issue.

Cornyn, asked ahead of the meeting if he would bring the special counsel up, said he didn't think it would “be appropriate to talk about.”