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

Sen. Jeff FlakeJeffrey (Jeff) Lane FlakeDemocrats needle GOP on standing up to Trump Democrats needle GOP on standing up to Trump Amash gets standing ovation at first town hall after calling for Trump's impeachment 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) Swan MuellerKamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate 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 John TrumpTrump defends Stephanopolous interview Trump defends Stephanopolous interview Buttigieg on offers of foreign intel: 'Just call the FBI' 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 LeeOvernight Defense: Latest on House defense bill markup | Air Force One, low-yield nukes spark debate | House Dems introduce resolutions blocking Saudi arms sales | Trump to send 1,000 troops to Poland Overnight Defense: Latest on House defense bill markup | Air Force One, low-yield nukes spark debate | House Dems introduce resolutions blocking Saudi arms sales | Trump to send 1,000 troops to Poland Senators clinch votes to rebuke Trump on Saudi arms sale 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 CornynTrump puts GOP in tough spot with remarks on foreign 'dirt' Trump puts GOP in tough spot with remarks on foreign 'dirt' Overnight Health Care: Pelosi to change drug-pricing plan after complaints | 2020 Democrats to attend Planned Parenthood abortion forum | House holds first major 'Medicare for All' hearing 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 McConnellElection security bills face GOP buzzsaw Election security bills face GOP buzzsaw Overnight Defense: Trump doubles down on claim Iran attacked tankers | Iran calls accusations 'alarming' | Top nuke official quietly left Pentagon | Pelosi vows Congress will block Saudi arms sale 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 GrassleyCharles (Chuck) Ernest GrassleyOvernight Defense: Pompeo blames Iran for oil tanker attacks | House panel approves 3B defense bill | Trump shares designs for red, white and blue Air Force One On The Money: Pelosi says no debt ceiling hike until deal on spending caps | McConnell pressures White House to strike budget deal | Warren bill would wipe out billions in student debt | Senate passes IRS reform bill On The Money: Pelosi says no debt ceiling hike until deal on spending caps | McConnell pressures White House to strike budget deal | Warren bill would wipe out billions in student debt | Senate passes IRS reform bill 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.