House Democrats are stepping up calls for testimony from special counsel Robert Mueller Robert (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 — even if it takes a subpoena to obtain it.

Issuing a subpoena to compel testimony from Mueller, who has yet to reach a deal to appear before the House, carries risks for Democrats. It could be viewed as divisive, has the potential to generate negative headlines and is a step most would like to avoid.

But as the spring days slip away with no agreement to hear from the special counsel, frustrated lawmakers are saying they should use whatever means are necessary to hear from Mueller.

ADVERTISEMENT

“I think he will have to be subpoenaed,” Rep. Jackie Speier Karen (Jackie) Lorraine Jacqueline SpeierOvernight Defense: House to vote on military justice bill spurred by Vanessa Guillén death | Biden courts veterans after Trump's military controversies House to vote on 'I Am Vanessa Guillén' bill Overnight Defense: Trump's battle with Pentagon poses risks in November | Lawmakers launch Fort Hood probe | Military members can't opt out of tax deferral MORE (D-Calif.), a member of the House Intelligence Committee, told The Hill.

“He’s critical. He basically made the case for obstruction of justice and we need to hear from him,” she said.

“I think we should do whatever we can to get that testimony,” Rep. Steve Cohen Stephen (Steve) Ira CohenTennessee Rep. Steve Cohen wins Democratic primary Democrats exit briefing saying they fear elections under foreign threat Texas Democrat proposes legislation requiring masks in federal facilities MORE (D-Tenn.) said when asked whether Mueller should be subpoenaed if he declines to testify publicly. “It’s so important for the American public.”

House Judiciary Committee Chairman Jerrold Nadler Jerrold (Jerry) Lewis NadlerDemocrats shoot down talk of expanding Supreme Court Schumer: 'Nothing is off the table' if GOP moves forward with Ginsburg replacement Top Democrats call for DOJ watchdog to probe Barr over possible 2020 election influence MORE (D-N.Y.) has repeatedly said the committee would subpoena Mueller if necessary but that he hopes it wouldn’t come to that. He declined to comment on reports Tuesday that Mueller did not want all of his testimony to be public.

Nadler’s staff has been negotiating with the special counsel’s office and the Justice Department for weeks over Mueller’s potential testimony. Nadler had initially set a tentative date for May 15 to hear from the special counsel, but it now appears his testimony will slip into at least June.

Mueller, a widely-respected former FBI director, is unlikely to want to be drawn into a political fight. He quietly investigated Russian interference and potential obstruction by President Trump Donald John TrumpBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Romney: 'Unthinkable and unacceptable' to not commit to peaceful transition of power Two Louisville police officers shot amid Breonna Taylor grand jury protests MORE for two years, speaking only through court filings and his sprawling 448-page report.

Some Democrats lay the blame on Mueller’s failure to reach a deal to appear on the Justice Department and Attorney General William Barr Bill BarrHarris faces pivotal moment with Supreme Court battle Hillicon Valley: DOJ proposes tech liability shield reform to Congress | Treasury sanctions individuals, groups tied to Russian malign influence activities | House Republican introduces bill to set standards for self-driving cars McCarthy threatens motion to oust Pelosi if she moves forward with impeachment MORE, who still has control over Mueller’s testimony while he remains a Justice employee.

It’s possible that the Judiciary Committee and Mueller’s team could reach an agreement for the special counsel to deliver part or all of his testimony behind closed doors.

Rep. Madeleine Dean Madeleine DeanEyes turn to Ocasio-Cortez as she seeks to boost Biden Democrats blister Barr during tense hearing Democratic lawmakers launch 'Mean Girls'-inspired initiative to promote face masks MORE (D-Pa.), a member of the Judiciary panel, said Tuesday she had not been privy to the negotiations but said such a deal would likely be in consideration, describing Nadler as being “accommodating” to witnesses.

“I imagine those kinds of considerations for someone this important with the kind of findings that he had, I’m sure that’s on the table,” Dean told The Hill.

Dean also said it would be appropriate for Nadler to subpoena Mueller if he does not agree to a deal to appear.

Some Democrats, however, appear wary of subpoenaing the special counsel for public testimony.

Rep. Hank Johnson Henry (Hank) C. JohnsonFive takeaways as panel grills tech CEOs Lawmakers, public bid farewell to John Lewis Johnson presses Barr on reducing Roger Stone's recommended sentence MORE (D-Ga.), a Judiciary member, declined to say whether he supported subpoenaing Mueller and added that he’s open to hearing arguments for Mueller to testify privately.

“If he can demonstrate some compelling reasons why he should be allowed to testify in private, I think we would have to consider that. And I would certainly like to hear — if that is the case — what sort of justification he’d give for wanting to testify in closed door hearings as opposed to open to the public,” Johnson told The Hill.

It’s not entirely clear what the stalemate between Democrats and Mueller centers on.

CNN reported that Mueller’s team has informed the committee that he does not want to be viewed as political and that those fears have held up a deal on him giving public testimony.

The Washington Post subsequently reported that some say the Justice Department has resisted making Mueller’s testimony public.

Barr has publicly stated he would not object to Mueller testifying before Congress. Trump has left the decision up to Barr, though he publicly objected to Mueller testifying on Twitter in early May.

Some have suggested it is more likely that Mueller will testify once he leaves the Justice Department. The timing of his exit is unclear.

Peter Carr, a spokesman for Mueller, declined to comment Tuesday.

Democrats are particularly anxious to hear from Mueller following the revelation of a letter he sent to Barr in late March criticizing the attorney general’s March 24 memo as failing to “fully capture the context, nature, and substance” of his investigation’s findings.

They’re also likely to grill Mueller on his obstruction inquiry and his decision not to make a judgment on whether Trump obstructed the investigation.

Some Democrats said they empathized with Mueller’s reported concerns, but said his testimony is key to understanding episodes in which Trump may have sought to obstruct justice.

“He’s led a life of being by the book, rule of law and outside of partisan politics,” said Intelligence member Rep. Peter Welch Peter Francis WelchShakespeare Theatre Company goes virtual for 'Will on the Hill...or Won't They?' Vermont Rep. Peter Welch easily wins primary Vermont has a chance to show how bipartisanship can tackle systemic racism MORE (D-Vt.). “So I understand his reservation; he doesn’t want to get caught up in a partisan fight. But on the other hand, we have got total obstruction on the part of the president.”

Republicans have accused Democrats of using their investigations to relitigate the Mueller probe, after the special counsel did not find evidence to charge the Trump campaign with conspiring with Russia to meddle in the election. Barr and former Deputy Attorney General Rod Rosenstein Rod RosensteinDOJ kept investigators from completing probe of Trump ties to Russia: report Five takeaways from final Senate Intel Russia report FBI officials hid copies of Russia probe documents fearing Trump interference: book MORE also judged the evidence to be insufficient to accuse Trump of obstruction, despite Mueller not reaching a judgment one way or another.

Nevertheless, both Democrats and Republicans say they are eager to have Mueller testify, though GOP lawmakers did not jump at the idea of supporting a Democratic subpoena.

“I think it is important that Bob Mueller come and testify. I look forward to him coming,” Rep. Will Hurd William Ballard HurdHillicon Valley: Oracle confirms deal with TikTok to be 'trusted technology provider' | QAnon spreads across globe, shadowing COVID-19 | VA hit by data breach impacting 46,000 veterans House approves bill to secure internet-connected federal devices against cyber threats House Democrats' campaign arm reserves .6M in ads in competitive districts MORE (R-Texas), a member of the Intelligence Committee, told The Hill.

If he testifies, some Republicans are expected to question Mueller on the origins of the Russia counterintelligence investigation, which they allege was started by agents biased against Trump.