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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) 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’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 SessionsBiden fact checks Trump on 545 families separated at border, calls policy 'criminal' Harris walks fine line on Barrett as election nears The Hill's Morning Report - Sponsored by Facebook - Trump's erratic tweets upend stimulus talks; COVID-19 spreads in White House 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 NunesTrump pushing to declassify document disputing intel findings on Russia: report Sunday shows preview: Coronavirus cases surge in the Midwest; Trump hits campaign trail after COVID-19 Democrat Arballo gains on Nunes: internal poll MORE (R-Calif.), secured the backing of Speaker Paul RyanPaul Davis RyanMcCarthy faces pushback from anxious Republicans over interview comments Pelosi and Trump go a full year without speaking Jordan vows to back McCarthy as leader even if House loses more GOP seats 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 GrahamGOP Senate confirms Trump Supreme Court pick to succeed Ginsburg Murkowski predicts Barrett won't overturn Roe v. Wade Biden seeks to close any path for Trump win in race's final days MORE (R-S.C.), who issued the referral with Senate Judiciary Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyBarrett confirmation stokes Democrats' fears over ObamaCare On The Money: Power players play chess match on COVID-19 aid | Pelosi bullish, Trump tempers optimism | Analysis: Nearly 1M have run out of jobless benefits Grassley: Voters should be skeptical of Biden's pledge to not raise middle class taxes MORE (R-Iowa).

Grassley’s Democratic counterpart on the Judiciary Committee, Sen. Dianne FeinsteinDianne Emiel FeinsteinMurkowski predicts Barrett won't overturn Roe v. Wade Democrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination The Senate should evoke RBG in its confirmation of Amy Coney Barrett 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 John TrumpTrump admin to announce coronavirus vaccine will be covered under Medicare, Medicaid: report Election officials say they're getting suspicious emails that may be part of malicious attack on voting: report McConnell tees up Trump judicial pick following Supreme Court vote 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 ClintonHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Hillary Clinton tweets 'vote them out' after Senate GOP confirm Barrett CNN: Kayleigh McEnany praised Biden as 'man of the people' in 2015 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) GaetzHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Congressional antitrust report rips tech firms for stifling competition Loeffler tweets edited video showing Trump taking down coronavirus in wrestling match 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 GowdyHarold (Trey) Watson GowdySunday shows preview: Election integrity dominates as Nov. 3 nears Tim Scott invokes Breonna Taylor, George Floyd in Trump convention speech Sunday shows preview: Republicans gear up for national convention, USPS debate continues in Washington 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 PapadopoulosNot treason, not a crime — but definitely a gross abuse of power Tale of two FBI cases: Clinton got warned, Trump got investigated Trump says he would consider pardons for those implicated in Mueller investigation 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 Randall MeadowsOvernight Health Care: US sets a new record for average daily coronavirus cases | Meadows on pandemic response: 'We're not going to control it' | Pelosi blasts Trump for not agreeing to testing strategy Hillicon Valley: Hospitals brace for more cyberattacks as coronavirus cases rise | Food service groups offer local alternatives to major delivery apps | Facebook says it helped 4.4M people register to vote Trump is cruising for a bruising MORE (R-N.C.) and Jim JordanJames (Jim) Daniel JordanHouse Judiciary Republicans mockingly tweet 'Happy Birthday' to Hillary Clinton after Barrett confirmation Sunday shows preview: Trump, Biden gear up for final sprint to Election Day McCarthy faces pushback from anxious Republicans over interview comments 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 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.

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 ManafortDOJ veteran says he's quitting over Barr's 'slavish obedience' to Trump Bruce Ohr retires from DOJ Don't forget: The Trump campaign gave its most sensitive data to a Russian spy 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.