Legislation protecting 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 from being fired was blocked in the Senate on Wednesday.
Sen. 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 (R-Ariz.) asked for consent to bring the legislation, which has stalled after being passed in the Judiciary Committee in April, to the Senate floor for a vote.
Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGOP political operatives indicted over illegal campaign contribution from Russian national in 2016 McConnell privately urged GOP senators to oppose debt ceiling hike On The Money — Dems dare GOP to vote for shutdown, default MORE (R-Ky.) blocked his request.
Under the Senate's rules, a senator can come to the Senate floor and ask for consent to get a vote or pass a bill. Any one senator can block their request.
McConnell didn't explain his move from the floor but it came hours after he told reporters that he believed that Mueller should be able to finish his investigation and that he didn't believe the special counsel was in danger of being fired.
"There's been no indication ... that Mueller investigation will not be allowed to finish and it should be allowed to finish. We know how the president feels about the Mueller investigation but he's never said he wants to shut it down," McConnell told reporters during a press conference.
Flake, speaking after McConnell's objection, knocked President TrumpDonald TrumpTrump takes shot at new GOP candidate in Ohio over Cleveland nickname GOP political operatives indicted over illegal campaign contribution from Russian national in 2016 On The Money — Dems dare GOP to vote for shutdown, default MORE's rhetoric on the Mueller probe, which is investigating Russia's election interference and potential collusion between the Trump campaign and Moscow.
"With the firing of the attorney general ... the president now has this investigation in his sights and we all know it," Flake said from the Senate floor.
He added that Trump had accused Mueller of a witch hunt "without basis or fact."
"How such an investigation can be the cause of controversy is beyond me. ...[And] presidents do not get to determine what gets investigated and what and who does not," Flake said.
Democrats, and some Republicans, have called for the legislation to be passed in the wake of Trump ousting Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsOvernight Hillicon Valley — Apple issues security update against spyware vulnerability Stanford professors ask DOJ to stop looking for Chinese spies at universities in US Overnight Energy & Environment — Democrats detail clean electricity program MORE last week and replacing him with acting Attorney General Matthew Whitaker, Sessions's former chief of staff.
Flake indicated on Wednesday that he believed Whitaker should recuse himself and should not have been put in the role to begin with.
"Yes. Yes, well I think he shouldn't be in that position at all. To have oversight over the investigation, that's what seems unconstitutional," Flake said.
The Senate Judiciary Committee passed legislation that would protect Mueller, or any other special counsel, in the event he is fired, but the bill has stalled amid opposition from GOP leadership.
The bill would codify Justice Department regulations that say only a senior DOJ 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.