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Flake to ask again for vote on Mueller protection bill next week

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeFormer GOP lawmaker: Republican Party 'engulfed in lies and fear' Grassley to vote against Tanden nomination Klain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' MORE (R-Ariz.) said Thursday that he is planning to go back to the Senate floor next week to ask for a vote on legislation protecting special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE, after being blocked twice this month.

"We have a bill that's passed the committee with bipartisan support. There have been suggestions that I should accept a sense of the Senate, that sends the wrong message to the president. This is the message that needs to be sent to the president—passage of this bill," Flake said.

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He added that passing the legislation would show President TrumpDonald TrumpBiden to sign executive order aimed at increasing voting access Albany Times Union editorial board calls for Cuomo's resignation Advocates warn restrictive voting bills could end Georgia's record turnout MORE that "the Senate won't have his back if he fires Mueller or if he tries to interfere in that investigation."

Flake's plan to go back to the Senate floor to ask for consent to schedule a vote on the legislation comes after his request was blocked, for a second time this month, on Wednesday by Sen. Mike LeeMichael (Mike) Shumway LeeWhite House downplays surprising February jobs gain, warns US far from recovery White House open to reforming war powers amid bipartisan push Garland's AG nomination delayed by GOP roadblocks MORE (R-Utah), who argued the bill was unconstitutional.

Senate GOP leadership have been searching for a way to defuse the fight over the special counsel legislation, which is complicating their ability to confirm President Trump’s judicial nominees.

Sen. John CornynJohn CornynSenate holds longest vote in history as Democrats scramble to save relief bill Biden gets involved to help break Senate logjam Overnight Defense: Capitol Police may ask National Guard to stay | Biden's Pentagon policy nominee faces criticism | Naval Academy midshipmen moved to hotels MORE (R-Texas) told The Hill on Wednesday evening that they have whipped the legislation but hadn't figured out a way to end the stalemate, noting that senators within the Republican caucus have objections to the Mueller protection legislation.

“I think we haven’t really figured out how to deal with that,” Cornyn said.

With Republicans holding a narrow majority, Flake's pledge to vote against any judicial nominees until he gets a vote has placed a strain on Republicans ability to confirm judges, which is a top priority for Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBiden takes victory lap after Senate passes coronavirus relief package GOP votes in unison against COVID-19 relief bill Senate approves sweeping coronavirus measure in partisan vote MORE (R-Ky.).

Vice President Pence had to break two ties on two different judicial nominations this week after Flake sided with every Democratic senator in opposing them on procedural hurdles.

And Sen. Chuck GrassleyChuck GrassleyWhite House open to reforming war powers amid bipartisan push Garland's AG nomination delayed by GOP roadblocks National Sheriffs' Association backs Biden pick for key DOJ role MORE (R-Iowa), the chairman of the Judiciary Committee, cancelled a business meeting scheduled for Thursday where nearly two dozen nominees on the agenda for a vote because they failed to get Flake to back down.

Flake said GOP leaders were "hoping to resolve" the stalemate on judges but the only solution, in his view, was a vote on the Mueller bill on the Senate floor.

"We need to pass the bill. Whether it passes the House or not I'm not in control of that, but we need to pass it out of the Senate," he said, adding separately that "I think it's important enough, particularly after the firing of the attorney general, to use the leverage I have."

Republican leadership could wait out Flake, who is retiring at the end of the year. Kicking the nominees until next year would force the White House to renominate them in January, an untimely but not fatal setback.

Flake said he hoped that they could get agreement that would allow the Republican majority to move additional judges but his "priority" is getting a vote on the special counsel bill.

"There are a number of judges, one of whom is from Arizona who is non-controversial, there are a number of these that have bipartisan support, I hope that we can move them through. But the priority has to be this bill to protect the special counsel," he said.

The Senate Judiciary Committee has 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 department official could 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.