Bill to protect Mueller blocked in Senate

Legislation protecting special counsel Robert MuellerRobert (Bob) Swan MuellerLewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Fox's Cavuto roasts Trump over criticism of network Mueller report fades from political conversation MORE from being fired was blocked in the Senate on Wednesday.

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeFlake donates to Democratic sheriff being challenged by Arpaio in Arizona The Hill's Morning Report - Trump says US-China trade talks to resume, hails potential trade with Japan, UK Joe Arpaio to run for Maricopa County sheriff in 2020  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 McConnellPatagonia says to shut stores for a few hours during Global Climate Strike Overnight Health Care — Presented by Partnership for America's Health Care Future — Pelosi unveils signature plan to lower drug prices | Trump says it's 'great to see' plan | Progressives pushing for changes On The Money: House votes to avert shutdown, fund government through November | Judge blocks California law requiring Trump tax returns | Senate panel approves three spending bills 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.

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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 John TrumpMarine unit in Florida reportedly pushing to hold annual ball at Trump property Giuliani clashes with CNN's Cuomo, calls him a 'sellout' and the 'enemy' Giuliani says 'of course' he asked Ukraine to look into Biden seconds after denying it 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 SessionsDemocrats press Nadler to hold Lewandowski in contempt Pelosi: Lewandowski should have been held in contempt 'right then and there' Democrats bicker over strategy on impeachment 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.

 
"This would be an easy step to take. It is a bipartisan bill that has been ready for floor action for months," Coons said at a press conference with Flake after the floor drama. "[But] it's clear that there's an unwillingness to act." 
 
Coons as well as Sens. Thom TillisThomas (Thom) Roland TillisTillis trails Democratic Senate challenger by 2 points: poll Kavanaugh impeachment push hits Capitol buzz saw The 13 Republicans needed to pass gun-control legislation MORE (R-N.C.), Cory BookerCory Anthony BookerOvernight Energy: Trump officials formally revoke California emissions waiver | EPA's Wheeler dodges questions about targeting San Francisco over homelessness | 2020 Dems duke it out at second climate forum Two former Congressional Black Caucus chairmen back Biden Strippers, 'Hustlers' and the Democratic debates MORE (D-N.J.) and Lindsey GrahamLindsey Olin GrahamHouse Armed Services panel gets classified briefing on Saudi attacks America's newest comedy troupe: House GOP GOP group hits Pence over Trump alleged business conflicts MORE (R-S.C.) crafted the special counsel legislation.
 
Flake warned on Wednesday that he and Coons will come back to the Senate floor to again request that it get a vote and that he will oppose any judicial nominations until it does. 
 
"I can't think of values held more dear than the independence of our judicial system and an electoral system free of malign influence, either foreign or domestic. When I think of the things that we hold most dear, those things are at the top of the list. It is our sworn oath to keep it that way," Flake said from the Senate floor. 
 
This story was updated at 5:17 p.m.