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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.

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In the end, four Republicans voted for the bill: Sens. Thom TillisThomas (Thom) Roland TillisSenate hears from Biden's high-profile judicial nominees for first time Senate Democrats take aim at 'true lender' interest rate rule Former North Carolina chief justice launches Senate campaign MORE (N.C.), Lindsey GrahamLindsey Olin GrahamPro-Trump lawyer Lin Wood causes headache for GOP in key S.C. race GOP governors move to cut unemployment benefits as debate rages over effects Trump critics push new direction for GOP MORE (S.C.), Chuck GrassleyChuck GrassleyOn The Money: Biden says workers can't turn down job and get benefits | Treasury launches state and local aid | Businesses jump into vax push Grassley criticizes Biden's proposal to provide IRS with B The Hill's Morning Report - Presented by Facebook - Infrastructure, Cheney ouster on deck as Congress returns MORE (Iowa) and Jeff FlakeJeffrey (Jeff) Lane FlakeThe Hill's 12:30 Report - Presented by Facebook - Republican reactions to Cheney's removal Flake: No greater offense than honesty in today's Republican Party Cheney set to be face of anti-Trump GOP MORE (Ariz.).

Republican Sens. Orrin HatchOrrin Grant HatchFinancial market transactions should not be taxed or restricted Bottom line The Republicans' deep dive into nativism MORE (Utah), Mike LeeMichael (Mike) Shumway LeeOvernight Energy: Colonial Pipeline says it has restored full service | Biden urges people not to panic about gasoline shortages | EPA rescinds Trump-era cost-benefit rule Senate panel advances Biden's deputy Interior pick Hillicon Valley: Global cybersecurity leaders say they feel unprepared for attack | Senate Commerce Committee advances Biden's FTC nominee Lina Khan | Senate panel approves bill that would invest billions in tech MORE (Utah), John CornynJohn CornynGOP split on counteroffer to Biden's spending Police reform talks hit familiar stumbling block CNN asks Carol Baskin to comment on loose Texas tiger MORE (Texas), Mike CrapoMichael (Mike) Dean CrapoSenate GOP to give Biden infrastructure counteroffer next week Biden says he and GOP both 'sincere about' seeking infrastructure compromise The Hill's Morning Report - Presented by Facebook - Biden expresses optimism on bipartisanship; Cheney ousted MORE (Idaho), Ben SasseBen SasseRomney: Capitol riot was 'an insurrection against the Constitution' Overnight Energy: 5 takeaways from the Colonial Pipeline attack | Colonial aims to 'substantially' restore pipeline operations by end of week | Three questions about Biden's conservation goals Hillicon Valley: Colonial Pipeline attack underscores US energy's vulnerabilities | Biden leading 'whole-of-government' response to hack | Attorneys general urge Facebook to scrap Instagram for kids MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzFormer OMB pick Neera Tanden to serve as senior adviser to Biden Seth Rogen says he's not in a feud with 'fascist' Ted Cruz, whose 'words caused people to die' GOP votes to replace Cheney with Stefanik after backing from Trump MORE (Texas) opposed it.

The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by President TrumpDonald TrumpSunday shows preview: House GOP removes Cheney from leadership position; CDC issues new guidance for fully vaccinated Americans Navajo Nation president on Arizona's new voting restrictions: An 'assault' on our rights The Memo: Lawmakers on edge after Greene's spat with Ocasio-Cortez 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 BookerPolice reform talks hit familiar stumbling block Almost 20 advocacy groups team up to pressure Congress to pass health care bill for immigrants Biden adds pressure to congressional talks with self-imposed deadlines MORE (D-N.J.) and Christopher CoonsChris Andrew CoonsBiden to go one-on-one with Manchin US, Iran signal possible breakthroughs in nuke talks How the United States can pass Civics 101 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.

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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 DurbinSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Sweeping election reform bill faces Senate buzz saw Police reform talks hit familiar stumbling block MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinInfrastructure deal imperiled by differences on financing If you want Julie Su at the DOL, don't point to her resume Senate Democrats push Biden over raising refugee cap 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 McConnellWashington showing signs of normalcy after year of restrictions Former OMB pick Neera Tanden to serve as senior adviser to Biden Lawmakers reach agreement on bipartisan Jan. 6 commission 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. 

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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.