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Bill to protect Mueller blocked in Senate

Legislation protecting special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE from being fired was blocked in the Senate on Wednesday.

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeProfiles in cowardice: Trump's Senate enablers McSally concedes Arizona Senate race The Hill's Morning Report - ObamaCare front and center; transition standoff continues 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 McConnellTop aide: Biden expected to visit Georgia in push to boost Ossoff, Warnock Democrats brush off calls for Biden to play hardball on Cabinet picks Richmond says GOP 'reluctant to stand up and tell the emperor he wears no clothes' 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 TrumpBiden to nominate Linda Thomas-Greenfield for UN ambassador: reports Scranton dedicates 'Joe Biden Way' to honor president-elect Kasich: Republicans 'either in complete lockstep' or 'afraid' of Trump 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 SessionsAlabama zeroes in on Richard Shelby's future Tuberville incorrectly says Gore was president-elect in 2000 Next attorney general must embrace marijuana law reforms 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 TillisTeam Trump offering 'fire hose' of conspiracy Kool-Aid for supporters Loeffler isolating after possible COVID-19 infection North Carolina's Mark Walker expected to announce Senate bid MORE (R-N.C.), Cory BookerCory BookerSenate Democrats reelect Schumer as leader by acclamation  Hill associations push for more diversity in lawmakers' staffs Sanders celebrates Biden-Harris victory: 'Thank God democracy won out' MORE (D-N.J.) and Lindsey GrahamLindsey Olin GrahamMedia and Hollywood should stop their marching-to-Georgia talk Hackers love a bad transition The Hill's Campaign Report: Trump campaign files for Wis. recount l Secretaries of state fume at Trump allegations l Biden angered over transition delay 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.