Senate panel approves bill to protect special counsel

The Senate Judiciary Committee approved legislation on Thursday to 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.

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 TillisBustos tests positive for COVID-19 Rick Scott to quarantine after contact with person who tested positive for COVID-19 Tillis wins North Carolina Senate race MORE (N.C.), Lindsey GrahamLindsey Olin GrahamGraham denies pressuring top Georgia election official to throw out some ballots Georgia secretary of state says Graham, other Republicans have pressured him to toss legal ballots The Hill's 12:30 Report - Presented by Capital One - World reacts to news of second COVID-19 vaccine with 90 percent efficacy MORE (S.C.), Chuck GrassleyCharles (Chuck) Ernest GrassleyGOP shows limited appetite for pursuing Biden probes The Hill's Morning Report - Biden wins Arizona, confers with Dem leaders; Trump tweets The Hill's Campaign Report: GOP senators say Biden deserves intel briefings l Biden speaks with Democratic leaders about COVID l Where the Georgia runoffs stand MORE (Iowa) and Jeff FlakeJeffrey (Jeff) Lane FlakeProfiles in cowardice: Trump's Senate enablers McSally concedes Arizona Senate race The Hill's Morning Report - ObamaCare front and center; transition standoff continues MORE (Ariz.).

Republican Sens. Orrin HatchOrrin Grant HatchMellman: What happened after Ginsburg? Bottom line Bottom line MORE (Utah), Mike LeeMichael (Mike) Shumway LeeBustos tests positive for COVID-19 Rick Scott to quarantine after contact with person who tested positive for COVID-19 GOP senator in quarantine after being exposed to staffer with COVID-19 MORE (Utah), John CornynJohn CornynDemocrats regroup after Texas eludes them — again Heads roll as Trump launches post-election purge Haspel not in attendance at latest Trump intelligence briefing: reports MORE (Texas), Mike CrapoMichael (Mike) Dean CrapoRisch wins reelection in Idaho Barrett says she did not strike down ObamaCare in moot court case GOP Sen. Thom Tillis tests positive for coronavirus MORE (Idaho), Ben SasseBen SasseProfiles in cowardice: Trump's Senate enablers We need a (common) 'sense of the Senate' resolution on transition planning Microsoft warns Russian, North Korean hackers targeting groups researching COVID-19 vaccines MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzProfiles in cowardice: Trump's Senate enablers Parler's post-election popularity sparks misinformation concerns Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report MORE (Texas) opposed it.

The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by President TrumpDonald John TrumpTucker Carlson assures viewers his show 'not going anywhere' following presidential election Trump senior advisers dissuaded president from military strike on Iran: report Senators clash on the floor over wearing masks: 'I don't need your instruction' 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 BookerSenate Democrats reelect Schumer as leader by acclamation  Hill associations push for more diversity in lawmakers' staffs Sanders celebrates Biden-Harris victory: 'Thank God democracy won out' MORE (D-N.J.) and Christopher CoonsChris Andrew CoonsHillicon Valley: Trump national security advisor says Huawei threat 'No. 1 concern' moving forward | Silicon Valley eager for Biden to reverse Trump visa rules | Democratic senators urge Facebook to take action against anti-Muslim bigotry Democratic senators urge Facebook to take action on anti-Muslim bigotry We need a (common) 'sense of the Senate' resolution on transition planning 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 DurbinDemocratic senators urge Facebook to take action on anti-Muslim bigotry Democrats look to sharpen message after Senate setback The Hill's 12:30 Report: What to know about the Pfizer vaccine announcement MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinVoting machine company denies Trump claims about software issues Top Latino group calls for Padilla as Harris's Senate replacement Pressure grows on California governor to name Harris replacement 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 McConnellSenators clash on the floor over wearing masks: 'I don't need your instruction' On The Money: Biden urges Congress to pass Democrats' COVID-19 relief package | Fears of double-dip recession rise | SEC's Clayton to resign at end of 2020 Overnight Defense: Pentagon prepping for Trump order to draw down in Afghanistan, Iraq | Questions swirl after DOD purge | 10th service member killed by COVID-19 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.