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 TillisGOP senators unveil bill designating Taliban as terrorist organization Without major changes, more Americans could be victims of online crime How to fix the semiconductor chip shortage (it's more than manufacturing) MORE (N.C.), Lindsey GrahamLindsey Olin GrahamTrump pushes back on book claims, says he spent 'virtually no time' discussing election with Lee, Graham The Hill's 12:30 Report - Presented by Facebook - Biden meets with lawmakers amid domestic agenda panic The Hill's Morning Report - Presented by Alibaba - House Democrats plagued by Biden agenda troubles MORE (S.C.), Chuck GrassleyChuck GrassleyGrassley announces reelection bid The Hill's Morning Report - Presented by Alibaba - Democrats argue price before policy amid scramble Congress facing shutdown, debt crisis with no plan B 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 HatchLobbying world Congress, stop holding 'Dreamers' hostage Drug prices are declining amid inflation fears MORE (Utah), Mike LeeMichael (Mike) Shumway LeeHillicon Valley — Presented by Xerox — Officials want action on cyberattacks Senate panel advances antitrust bill that eyes Google, Facebook Trump pushes back on book claims, says he spent 'virtually no time' discussing election with Lee, Graham MORE (Utah), John CornynJohn CornynSenate panel advances antitrust bill that eyes Google, Facebook Democrats up ante in risky debt ceiling fight Senate parliamentarian nixes Democrats' immigration plan MORE (Texas), Mike CrapoMichael (Mike) Dean CrapoThe Hill's Morning Report - Presented by Alibaba - Biden jumps into frenzied Dem spending talks GOP senators say Biden COVID-19 strategy has 'exacerbated vaccine hesitancy' The Energy Sector Innovation Credit Act is an industry game-changer MORE (Idaho), Ben SasseBen SassePresident of newly recognized union for adult performers boosts membership Romney blasts Biden over those left in Afghanistan: 'Bring them home' Progressives breathe sigh of relief after Afghan withdrawal MORE (Neb.), John KennedyJohn Neely KennedyMORE (La.) and Ted CruzRafael (Ted) Edward CruzFBI investigating alleged assault on Fort Bliss soldier at Afghan refugee camp The Memo: Biden's immigration problems reach crescendo in Del Rio Matthew McConaughey on potential political run: 'I'm measuring it' MORE (Texas) opposed it.
The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by President TrumpDonald TrumpJulian Castro knocks Biden administration over refugee policy Overnight Energy & Environment — League of Conservation Voters — Climate summit chief says US needs to 'show progress' on environment Five takeaways from Arizona's audit results 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 BookerDemocrats press Schumer on removing Confederate statues from Capitol The Hill's Morning Report - Presented by Alibaba - Biden jumps into frenzied Dem spending talks Biden employs flurry of meetings to unite warring factions MORE (D-N.J.) and Christopher CoonsChris Andrew CoonsDems punch back over GOP holdup of Biden SBA nominee Biden threatens more sanctions on Ethiopia, Eritrea over Tigray conflict Senate Democrats to Garland: 'It's time to end the federal death penalty' 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 DurbinSchumer sets Monday showdown on debt ceiling-government funding bill Democrats surprised, caught off guard by 'framework' deal Senate panel advances antitrust bill that eyes Google, Facebook MORE (D-Ill.) called the original amendment a “deal breaker,” while Sen. Dianne FeinsteinDianne Emiel FeinsteinFederal watchdog calls on Congress, Energy Dept. to overhaul nuclear waste storage process Senate advances Biden consumer bureau pick after panel logjam Republicans caught in California's recall trap 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 McConnellWe don't need platinum to solve the debt ceiling crisis The Hill's Morning Report - Presented by Alibaba - Democrats argue price before policy amid scramble House passes standalone bill to provide B for Israel's Iron Dome 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.