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Judiciary Committee postpones hearing with McCabe on Russia probe

The Senate Judiciary Committee is postponing a hearing with former FBI Deputy Director Andrew McCabeAndrew George McCabeMcCabe defends investigation of Trump before Senate committee: We had 'many reasons' The Hill's 12:30 Report: What to know about the Pfizer vaccine announcement Watch live: McCabe testifies before Senate Judiciary Committee MORE after several GOP members were either diagnosed with or possibly exposed to the coronavirus.

Senate Judiciary Committee Chair Lindsey GrahamLindsey Olin GrahamRepublicans ready to become deficit hawks again under a President Biden Let's give thanks to Republican defenders of democracy Clyburn: Biden falling short on naming Black figures to top posts MORE (R-S.C.) formally announced Monday that the hearing, scheduled for Tuesday, had been postponed. The panel did not immediately say when it would be rescheduled. 

The decision comes as four Republican members of the committee are out of Washington: Sens. Thom TillisThomas (Thom) Roland TillisNorth Carolina — still purple but up for grabs Team Trump offering 'fire hose' of conspiracy Kool-Aid for supporters Loeffler isolating after possible COVID-19 infection MORE (R-N.C.) and Mike LeeMichael (Mike) Shumway LeeLoeffler isolating after possible COVID-19 infection Rick Scott tests positive for coronavirus OVERNIGHT ENERGY: Barrasso to seek top spot on Energy and Natural Resources Committee | Forest Service finalizes rule weakening environmental review of its projects | Biden to enlist Agriculture, Transportation agencies in climate fight MORE (R-Utah) have tested positive for the coronavirus, while Sens. Ted CruzRafael (Ted) Edward CruzO'Brien on 2024 talk: 'There's all kinds of speculation out there' Ocasio-Cortez, Cruz trade jabs over COVID-19 relief: People 'going hungry as you tweet from' vacation McSally, staff asked to break up maskless photo op inside Capitol MORE (R-Texas) and Ben SasseBen SasseTrump transition order follows chorus of GOP criticism The Memo: Trump election loss roils right Whoopi Goldberg blasts Republicans not speaking against Trump: 'This is an attempted coup' MORE (R-Neb.) are working remotely after having possibly been exposed. 

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McCabe had been expected to testify as part of Graham's months-long probe into "Crossfire Hurricane," the name of the FBI's investigation of Russia's election meddling and the Trump campaign, as well as the subsequent investigation by former 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.

The formal notice from Graham comes after McCabe said over the weekend that he would not testify before the committee given the uptick in coronavirus cases in the Capitol, which does not have a formal testing program. Graham, as part of a committee vote earlier this year, has the power to subpoena McCabe.

"Mr. McCabe was still prepared to testify voluntarily and in person on October 6 as recently as the latter part of this past week. However, since that time, it has been reported that at least two members of your Committee – Senators Mike Lee and Thom Tillis – have tested positive for Covid-19, and it may well be that other members of the Committee and staff who plan to attend the hearing will test positive between now and then, or may have been exposed to the virus and may be a carrier,” Michael R. Bromwich, McCabe’s attorney, wrote to Graham.

Bromwich added that because of "fairness," McCabe was also unwilling to appear before the committee remotely. Former FBI Director James ComeyJames Brien ComeyTop Republicans praise Trump's Flynn pardon The new marshmallow media in the Biden era McCabe defends investigation of Trump before Senate committee: We had 'many reasons' MORE and former Deputy Attorney General Sally YatesSally Caroline YatesClyburn: Biden falling short on naming Black figures to top posts The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Calls mount to start transition as Biden readies Cabinet picks Women set to take key roles in Biden administration MORE both testified remotely, while former Deputy Attorney General Rod RosensteinRod RosensteinTrump turns his ire toward Cabinet members Ex-deputy attorney general says Justice Dept. 'will ignore' Trump's threats against political rivals The Hill's Morning Report - Sponsored by Facebook - Trump's erratic tweets upend stimulus talks; COVID-19 spreads in White House MORE testified in person.

"A fair and appropriate hearing of this kind — which is complex and contentious — simply cannot be conducted other than in person," he added.

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The Senate had been expected to be in session this week but Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBiden's climate plans can cut emissions and also be good politics Acting Defense secretary makes surprise trip to Somalia As Biden administration ramps up, Trump legal effort drags on MORE (R-Ky.) will try to adjourn the Senate until Oct. 19, minus brief pro forma sessions, after Lee, Tillis and Sen. Ron JohnsonRonald (Ron) Harold JohnsonLoeffler isolating after possible COVID-19 infection Rick Scott tests positive for coronavirus GOP Rep. Dan Newhouse tests positive for COVID-19 MORE (R-Wis.) announced late last week that they had tested positive for the coronavirus.

In addition to Cruz and Sasse, Sen. James LankfordJames Paul LankfordEthics experts ask Senate to investigate Graham's probe of mail-in voting The Hill's 12:30 Report - Presented by Capital One - Pfizer unveils detailed analysis of COVID-19 vaccine & next steps GOP senators congratulate Harris on Senate floor MORE (R-Okla.) is also quarantining because he met with Lee last week.

McCabe's refusal to testify on Tuesday comes as Republicans are moving forward with their plan to start Supreme Court confirmation hearings for Judge Amy Coney Barrett on Oct. 12.

Both Cruz and Sasse have said they will return to the Senate in time for the hearings, and Barrett is expected to testify in person.

Updated at 11:06 a.m.