House GOP intensifies assault on Mueller probe

House GOP intensifies assault on Mueller probe
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House Republicans are intensifying a multipronged assault to chip away at special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE’s investigation into Russian interference in the U.S. election.

A vocal group of conservative members has for weeks blitzed the airwaves decrying bias in Mueller’s investigation and on Thursday, two prominent members called for Attorney General Jeff SessionsJefferson (Jeff) Beauregard SessionsWant to evaluate Donald Trump's judgment? Listen to Donald Trump Democrat stalls Biden's border nominee Garland strikes down Trump-era immigration court rule, empowering judges to pause cases MORE to step down from the Department of Justice (DOJ) — a resignation that could clear the way for the special counsel’s dismissal.

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On Wednesday, the chairman of the House Intelligence Committee, Devin NunesDevin Gerald NunesSunday shows preview: Bipartisan infrastructure talks drag on; Democrats plow ahead with Jan. 6 probe Lawmakers spend more on personal security in wake of insurrection Tucker Carlson claims NSA leaked private emails to journalists MORE (R-Calif.), secured the backing of Speaker Paul RyanPaul Davis RyanRealClearPolitics reporter says Freedom Caucus shows how much GOP changed under Trump Juan Williams: Biden's child tax credit is a game-changer Trump clash ahead: Ron DeSantis positions himself as GOP's future in a direct-mail piece MORE (R-Wis.) to enforce a swath of subpoenas probing the Justice Department’s use of the so-called Steele dossier in the probe.

And on Friday, two Republican senators asked the Department of Justice to open a criminal investigation into the author of the dossier, Christopher Steele.

“After reviewing how Mr. Steele conducted himself in distributing information contained in the dossier and how many stop signs the DOJ ignored in its use of the dossier, I believe that a special counsel needs to review this matter,” said Sen. Lindsey GrahamLindsey Olin GrahamEight Republicans join Democrats to confirm head of DOJ environmental division GOP sees debt ceiling as its leverage against Biden DACA court ruling puts weight of immigration reform on Democrats MORE (R-S.C.), who issued the referral with Senate Judiciary Chairman Chuck GrassleyChuck GrassleyOvernight Health Care: CDC advises vaccinated to wear masks in high-risk areas | Biden admin considering vaccine mandate for federal workers Eight Republicans join Democrats to confirm head of DOJ environmental division Four senators call on Becerra to back importation of prescription drugs from Canada MORE (R-Iowa).

Grassley’s Democratic counterpart on the Judiciary Committee, Sen. Dianne FeinsteinDianne Emiel FeinsteinNearly 140 Democrats urge EPA to 'promptly' allow California to set its own vehicle pollution standards Biden signs bill to bolster crime victims fund Stripping opportunity from DC's children MORE (Calif.), says she was not consulted on the referral.

The increased action by Republicans comes in a midterm election year where the party is worried about losing its House and Senate majorities, given President TrumpDonald TrumpRealClearPolitics reporter says Freedom Caucus shows how much GOP changed under Trump Jake Ellzey defeats Trump-backed candidate in Texas House runoff DOJ declines to back Mo Brooks's defense against Swalwell's Capitol riot lawsuit MORE’s anemic poll numbers. While the Senate map gives the GOP good odds to continue its majority, members of both parties see potential for Democrats to retake the House.

The dossier has become a key weapon in Republican attempts to undermine the Mueller probe, as lawmakers have questioned whether the shadowy document was used as the justification for a politically-motivated investigation into whether the Trump campaign colluded with Moscow to swing the election.

Members of the conservative House Freedom Caucus have also questioned whether the dossier was used as the basis for an application for a surveillance warrant on Trump.

Some conservatives on Capitol Hill have targeted Mueller directly, arguing that he has stacked his team with lawyers who supported Trump’s campaign rival, Hillary ClintonHillary Diane Rodham ClintonBiden says Russia spreading misinformation ahead of 2022 elections Highest-ranking GOP assemblyman in WI against another audit of 2020 vote Women's March endorses Nina Turner in first-ever electoral endorsement MORE.

“We’ll investigate the unprecedented bias against President Trump that exists when we allow people who hate the president to participate in the investigations against him,” Rep. Matt GaetzMatthew (Matt) GaetzFive takeaways from a bracing day of Jan. 6 testimony Protesters shut down Greene-Gaetz Jan. 6 event Cheney calls Gaetz, Greene DOJ protest a 'disgrace' MORE (R-Fla.) said in December.

But those attacks — on Mueller and on the Justice Department more broadly — have made some Republicans on Capitol Hill uncomfortable. Rep. Trey GowdyTrey GowdyTrey Gowdy sets goal of avoiding ideological echo chamber with Fox News show Fox News signs Trey Gowdy, Dan Bongino for new shows Pompeo rebukes Biden's new foreign policy MORE (R-S.C.) told reporters recently that his “heart would be broken” if Nunes followed through with plans to investigate “corruption” at the FBI, for example.

“My colleagues on [the House Intelligence Committee] would tell you some days I can’t remember if I still work for the Department of Justice,” he said. “I am a defender of the Department of Justice more than I am an attacker.”

Leadership in both the House and Senate have said that Mueller should be allowed to finish his work unimpeded.

The dossier is a compendium of opposition research, including false claims and other information that has been confirmed, into then-candidate Trump, alleging multiple points of contact with Russia. It was paid for during the primaries by The Washington Free Beacon and later by the Democratic National Committee and the Clinton campaign.

The New York Times reported earlier this month that the FBI’s attention was initially drawn to the Trump campaign’s contacts with Russia not by the dossier, but by a representative of Australia’s government who had met with then-Trump campaign staffer George PapadopoulosGeorge Demetrios PapadopoulosTrump supporters show up to DC for election protest Trump pardons draw criticism for benefiting political allies Klobuchar: Trump 'trying to burn this country down on his way out' MORE, who has since pleaded guilty to charges of making false statements to the FBI.

Critics of the dossier, however, have largely dismissed the account in the Times.

“Belief in this narrative requires one to blatantly disregard a series of fundamental questions,” like why did the FBI wait more than six months to interview Papadopoulos, wrote Reps. Mark MeadowsMark MeadowsWashington Post calls on Democrats to subpoena Kushner, Ivanka Trump, Meadows for testimony on Jan. 6 Trump to Pence on Jan. 6: 'You don't have the courage' Trump said whoever leaked information about stay in White House bunker should be 'executed,' author claims MORE (R-N.C.) and Jim JordanJames (Jim) Daniel JordanMcCarthy pulls GOP picks off House economic panel GOP up in arms over Cheney, Kinzinger House GOP blames Pelosi — not Trump — for Jan. 6 MORE (R-Ohio) in a Thursday op-ed calling for Sessions to leave.

Despite the “manufactured hysteria” over the investigation, Meadows and Jordan wrote, “a simple truth remains: There is no evidence of any collusion between the Trump campaign and the Russians.”

Sessions has been unable to control what they described as a parade of leaks from the bureau, Meadows and Jordan wrote, and must step aside.

Mueller’s name is not mentioned in the op-ed.

If Sessions stepped down, it would open the door for Trump to appoint a replacement open to dismissing the special counsel. Because Sessions has recused himself from the Russia probe, the power to fire Mueller currently rests with Deputy Attorney General Rod RosensteinRod RosensteinWashington still needs more transparency House Judiciary to probe DOJ's seizure of data from lawmakers, journalists The Hill's Morning Report - Biden-Putin meeting to dominate the week MORE.

Trump has railed against Sessions for the recusal, which he reportedly believes was an abrogation of the attorney general’s duty to “protect” him.

Nunes has been one of the fiercest attack dogs in pursuit of the dossier. He has for months been involved in a feud with Justice Department over access to information related to how the bureau used the dossier, including whether or not it paid Steele. He has threatened to hold senior officials in contempt of Congress if they did not comply — a bid that was ultimately successful with Ryan’s backing this week.

It is common practice for the FBI to pay informants, one former senior FBI official who worked on national security issues told The Hill.

The former official also noted that, in general, the application for a surveillance warrant involves several layers of authentication of information, suggesting that if any of the information from the dossier were used in an application, it would have been corroborated. Justice Department lawyers often modify orders based on feedback from the court — and they must show probable cause that the target is acting as an agent of a foreign power.

Trump has said that he expects to be treated “fairly” by Mueller, although he has repeatedly derided the probe as a sham and a “witch hunt.” The investigation has so far produced two indictments, including Trump’s former campaign chairman Paul ManafortPaul John ManafortLobbyist Tony Podesta returns to work for Huawei Former bank CEO convicted of bribery in scheme to land Trump admin job Trial begins for Chicago banker who exchanged loans with Manafort for Trump job MORE, and two guilty pleas, including onetime national security adviser Michael Flynn.

“For the purposes of hopefully thinking I'm going to be treated fairly, I've stayed uninvolved with this particular matter,” Trump told the Times.