Senate panel approves bill to protect special counsel

The Senate Judiciary Committee approved legislation on Thursday to protect special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe 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 TillisTrump assures storm victims in Carolinas: 'We will be there 100 percent' North Carolina governor: We saw ‘significant damage’ in eastern part of state GOP senator on allegation against Kavanaugh: 'Why on Earth' wasn't it discussed earlier? MORE (N.C.), Lindsey GrahamLindsey Olin GrahamHouse Judiciary chair threatens subpoena if DOJ doesn’t supply McCabe memos by Tuesday Rosenstein report gives GOP new ammo against DOJ Graham: There's a 'bureaucratic coup' taking place against Trump MORE (S.C.), Chuck GrassleyCharles (Chuck) Ernest GrassleyGrassley: Dems 'withheld information' on new Kavanaugh allegation Feinstein calls for hold on Kavanaugh consideration Grassley releases letter detailing Kavanaugh sexual assault allegation MORE (Iowa) and Jeff FlakeJeffrey (Jeff) Lane FlakeGrassley panel scraps Kavanaugh hearing, warns committee will vote without deal Coulter mocks Kavanaugh accuser: She'll only testify 'from a ski lift' Poll: More voters oppose Kavanaugh’s nomination than support it MORE (Ariz.).

Republican Sens. Orrin HatchOrrin Grant HatchDems see Kavanaugh saga as playing to their advantage Kavanaugh accuser agrees to testify next week Judiciary Dems say GOP treating Kavanaugh accuser worse than Anita Hill MORE (Utah), Mike LeeMichael (Mike) Shumway LeeEx-college classmate accuses Kavanaugh of sexual misconduct Kavanaugh accuser agrees to testify next week Reexamining presidential power over national monuments MORE (Utah), John CornynJohn CornynKey GOP senators appear cool to Kavanaugh accuser's demand Trump, GOP regain edge in Kavanaugh battle GOP mulls having outside counsel question Kavanaugh, Ford MORE (Texas), Mike CrapoMichael (Mike) Dean CrapoHillicon Valley: Trump signs off on sanctions for election meddlers | Russian hacker pleads guilty over botnet | Reddit bans QAnon forum | FCC delays review of T-Mobile, Sprint merger | EU approves controversial copyright law Trump authorizes sanctions against foreign governments that interfere in US elections Cruz gets help from Senate GOP in face of serious challenge from O’Rourke MORE (Idaho), Ben SasseBenjamin (Ben) Eric SasseMcConnell tamps down any talk of Kavanaugh withdrawal Senate approves 4B spending bill Grassley agrees to second Kavanaugh hearing after GOP members revolt MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzViral video shows O’Rourke air-drumming to the Who’s ‘Baba O’Riley’ after Cruz debate Five takeaways from Cruz, O'Rourke's fiery first debate NY Times, McCabe give Trump perfect cover to fire Rosenstein, Sessions 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 TrumpGrassley: Dems 'withheld information' on new Kavanaugh allegation Health advocates decry funding transfer over migrant children Groups plan mass walkout in support of Kavanaugh accuser 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 Anthony BookerEx-White House official revises statement to Mueller after Flynn guilty plea: report CNN editor: Booker's 'groping incident' 'different' from Kavanaugh allegation Poll: Most Massachusetts voters don't think Warren should run for president in 2020 MORE (D-N.J.) and Christopher CoonsChristopher (Chris) Andrew CoonsJudiciary Democrat calls for additional witnesses to testify on Kavanaugh Kavanaugh allegations could be monster storm brewing for midterm elections      Sunday shows preview: White House officials on offensive in wake of anonymous NY Times op-ed 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 DurbinRichard (Dick) Joseph DurbinDurbin: ‘No reason’ for people to remember Kavanaugh at party accuser describes Durbin: Kavanaugh's accuser is not being treated respectfully Grassley to administration: You must consult Congress on refugee cap MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinGillibrand calls for Kavanaugh nomination to be withdrawn Feinstein calls for hold on Kavanaugh consideration Grassley releases letter detailing Kavanaugh sexual assault allegation 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 McConnellGrassley: Dems 'withheld information' on new Kavanaugh allegation Kavanaugh accuser set to testify Thursday McConnell told Trump criticism of Kavanaugh accuser isn't helpful: report 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.