Senate panel approves bill to protect special counsel

The Senate Judiciary Committee approved legislation on Thursday to protect 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.

In a 14-7 vote, the panel approved the bipartisan proposal that deeply divided Republicans on the committee. 

With every committee Democrat backing the legislation, only one Republican was needed to secure passage.

In the end, four Republicans voted for the bill: Sens. Thom TillisThomas (Thom) Roland TillisThe 19 GOP senators who voted for the T infrastructure bill Budget package includes plan for pathway to citizenship, green cards for millions Hillicon Valley: Federal cyber agency kicks off effort to defend US against cyberattacks | Senators introduce bill to sanction nations tied to ransomware attacks | Amazon pushes back corporate reopening MORE (N.C.), Lindsey GrahamLindsey Olin GrahamGraham says his COVID-19 recovery would've been 'a lot worse' without vaccine The Memo: Biden beats Trump again — this time in the Senate 46 GOP senators warn they will not vote to raise debt ceiling MORE (S.C.), Chuck GrassleyChuck GrassleyCotton to stump for Iowa GOP candidate amid 2024 speculation Senate gives Biden big bipartisan win The 19 GOP senators who voted for the T infrastructure bill MORE (Iowa) and Jeff FlakeJeffrey (Jeff) Lane FlakeBiden nominates former Sen. Tom Udall as New Zealand ambassador Biden to nominate Jane Hartley as UK ambassador: report The Hill's Morning Report - Presented by Goldman Sachs - Voting rights will be on '22, '24 ballots MORE (Ariz.).

Republican Sens. Orrin HatchOrrin Grant HatchCongress, stop holding 'Dreamers' hostage Drug prices are declining amid inflation fears The national action imperative to achieve 30 by 30 MORE (Utah), Mike LeeMichael (Mike) Shumway LeeSenate confirms Biden's first ambassador Cruz blocks Biden's State Department nominees ahead of Senate break Schumer sets September voting rights fight after GOP blocks quick debate MORE (Utah), John CornynJohn CornynDemocrats take first step toward .5T spending plan Unlike free college, discharging student loans in bankruptcy is a great idea Budget package includes plan for pathway to citizenship, green cards for millions MORE (Texas), Mike CrapoMichael (Mike) Dean CrapoThe Energy Sector Innovation Credit Act is an industry game-changer The 19 GOP senators who voted for the T infrastructure bill Wyden asks White House for details on jet fuel shortage amid wildfire season MORE (Idaho), Ben SasseBen SasseReport finds US government has made progress on cybersecurity, more work remains Biden offering temporary 'safe haven' to Hong Kong residents White House cyber chief backs new federal bureau to track threats MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzCotton to stump for Iowa GOP candidate amid 2024 speculation Senate confirms Biden's first ambassador Cruz blocks Biden's State Department nominees ahead of Senate break MORE (Texas) opposed it.

The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by President TrumpDonald TrumpStudy finds more than 9,000 anti-Asian attacks took place since March 2020 Biden marks fourth anniversary of Charlottesville Trump, House committee to appeal judge's order to hand over some tax records MORE, who has railed against him in public and reportedly talked in private of dismissing him.

The bill, sponsored by Tillis and Graham (R-S.C.) with Sens. Cory BookerCory BookerFighting poverty, the Biden way Top Senate Democrats urge Biden to take immediate action on home confinement program Overnight Health Care: CDC officially recommends COVID-19 vaccine for anyone who is pregnant | Pressure builds for full FDA approval | Dems call for pandemic funding MORE (D-N.J.) and Christopher CoonsChris Andrew CoonsSenate Democrats to Garland: 'It's time to end the federal death penalty' Hillicon Valley: Cryptocurrency amendment blocked in Senate | Dems press Facebook over suspension of researchers' accounts | Thousands push back against Apple plan to scan US iPhones for child sexual abuse images Democrats press Facebook over suspension of researchers' accounts MORE (D-Del.), would codify Department of Justice regulations that say only a senior Department of Justice 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.

The committee also added new reporting requirements into the bill, including notification when a special counsel is appointed or removed and requiring a report be given to Congress after an investigation wraps up; that report would detail the investigation's findings and prosecution decisions.

Sen. Mike Lee (R-Utah) blasted the reporting requirements as “reckless” because it would require a special counsel to hand over the names of individuals whom they decided not to prosecute.

But Democrats praised Grassley for being willing to compromise on his amendment, marking a political 180 from as recently as Wednesday, when Democrats were concerned Grassley’s amendment could sink the bill.

Sen. Dick DurbinDick DurbinTop Senate Democrats urge Biden to take immediate action on home confinement program Schumer gets big victories — but headaches loom Could Trump's DOJ pressure campaign amount to criminal conspiracy? MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinWyden asks White House for details on jet fuel shortage amid wildfire season California's crazy politics need a fix Hillicon Valley: Federal cyber agency kicks off effort to defend US against cyberattacks | Senators introduce bill to sanction nations tied to ransomware attacks | Amazon pushes back corporate reopening MORE (D-Calif.), the top Democrat on the panel, warned that she would vote against the bill “in its entirety.”

But the publicly released version of Grassley’s amendment didn’t include a provision that would have required a notification to Congress about changes to the “specific nature or scope” of Mueller’s investigation.

Feinstein praised Grassley on Thursday for making the “necessary compromises.” 

“We have a piece of legislation that I believe will stand the test of time and will also stand the test of scrutiny,” she said.

The legislation now heads to the full Senate, where it faces entrenched opposition from key Republicans, including Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTaliban's advance picks up speed, intensifying Afghanistan crisis McConnell demands Biden commit to sending more troops back to Afghanistan Pence-linked group steps up pressure on Congress in tax campaign MORE (Ky.).

“I'm the one who decides what we take to the floor, that's my responsibility as the majority leader, and we will not be having this on the floor of the Senate,” McConnell told Fox News earlier this month.

The bill doesn't have the 60 votes necessary to pass the Senate, and has even less of a chance to pass the more conservative House. It also would be unlikely to win the two-thirds support needed to override a presidential veto.

McConnell and most GOP senators say publicly that they believe Trump will ultimately decide not to fire Mueller, a former FBI director who is widely respected in Washington. 

They also argue the legislation isn't constitutional and, even if passed, would face a challenge in the courts.

“The special counsel must be permitted to complete his investigation. President Trump should not, and I believe will not, end the investigation,” Hatch wrote in a Wall Street Journal op-ed on Wednesday. 

But Hatch, underscoring how most Republicans believe it would be a colossal mistake for Trump to fire Mueller, said the special counsel’s removal would “trigger a crisis, possibly even impeachment.” 

Much of the debate during Thursday's committee vote was between Republican senators on the panel.

The Judiciary Committee voted down an amendment from Cornyn, Hatch and Lee that would have gutted the special counsel bill and replaced it with a nonbinding sense of the Senate resolution on allowing Mueller to finish his investigation.

Sasse, Crapo and Kennedy joined Hatch, Lee and Cornyn to support the GOP amendment.

Grassley, Tillis, Graham, Flake and Cruz voted against the amendment.

- Updated at 11:23 a.m.