Senate panel approves bipartisan bill to protect Special Counsel Robert Mueller from firing

Erin Kelly | USA TODAY

WASHINGTON — The Senate Judiciary Committee voted Thursday to approve a bipartisan bill to protect special counsel Robert Mueller from being fired in the midst of the Russia investigation — putting pressure on Senate Majority Leader Mitch McConnell to allow a vote by the full Senate.

The committee voted 14-7 to advance the bill. There were four Republicans who joined Democrats to pass the legislation: Chairman Chuck Grassley of Iowa, Lindsey Graham of South Carolina, Thom Tillis of North Carolina, and Jeff Flake of Arizona.

McConnell, R-Ky., said on Fox News last week that he would not bring the bill to the Senate floor for a vote, even if it were approved by the committee.

"There’s no indication that Mueller’s going to be fired," McConnell said on Fox. "I don't think the president's going to do that and just as a practical matter, even if we passed (the bill), why would he sign it?"

However, Grassley said Thursday he believes "this bill should be considered by the full Senate" despite McConnell's objections.

"Because special counsel investigations only occur where there is a conflict of interest within the executive branch, special counsel investigations are usually matters of great national concern," Grassley said. "And Congress, by exercising its oversight powers, can help the American people to have confidence that these investigations are conducted efficiently and independently."

Sen. John Cornyn of Texas, the No. 2 Republican in the Senate, predicted that the bill won't come to a vote on the Senate floor, won't be approved by the House, and won't be signed into law by Trump.

Senate Minority Leader Chuck Schumer, D-N.Y., urged McConnell to change his mind and bring the bill to a vote in the Senate as soon as possible. He said it is especially urgent that Congress pass the bill since Trump said Thursday morning that he may change his mind about interfering in the special counsel’s investigation.

"Given President Trump’s statement just this morning that he may interfere with the special counsel’s investigation, it’s become even more of an imperative that Leader McConnell put this bill on the Senate floor for a vote immediately," Schumer said after the committee approved the bill. "Rather than waiting for a constitutional crisis, the full Senate should act now."

Trump said in an interview on Fox and Friends that he has decided he "won't be involved" with the Justice Department's Russia investigation, but added that he may change his mind.

"I’m very disappointed in my Justice Department," he said on Fox. "I have decided I won’t be involved...I may change my mind at some point."

Democrats and some Republicans are worried that the president could fire Mueller or Deputy Attorney General Rod Rosenstein, who oversees Mueller's investigation. They have warned that Trump could spark a constitutional crisis if he fires either man.

"Nobody in this country is above the law," Graham said. "I think the rule of law would be well served to allow (Mueller) to do his job."

Mueller is investigating Russian interference in the 2016 election, possible collusion between the Trump campaign and the Kremlin, and possible obstruction of justice by the president.

Trump has repeatedly referred to the investigation as a "witch hunt" and insists that there was no collusion between his campaign and the Russians.

The Special Counsel Independence and Integrity Act, introduced by Republicans Graham and Tillis and Democrats Chris Coons and Cory Booker, says that Mueller or any future special counsel can only be fired "for misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause" by a senior Justice Department official.

If he is fired, Mueller would have 10 days to seek an expedited judicial review of his dismissal. If the court determines he was not fired for good cause, his removal would not take effect. The bill also requires that the special counsel's staff, documents and investigative materials are preserved during the court review.

The bill included an amendment from Grassley that would require the attorney general to provide a report to Congress when a special counsel is appointed or removed, or when the investigation of the special counsel concludes. The amendment was supported by the bill's main sponsors.

"In some ways, today’s vote will say a lot about how each of us views our responsibilities as senators," Grassley said. "The founders anticipated that we would wield the powers the Constitution affords us with great ambition so that we could effectively check the powers of the other branches. This bill certainly does that."

Republican Sens. Mike Lee and Orrin Hatch, both of Utah, argued that the bill is unconstitutional because it infringes on the power of the executive branch. They voted against the legislation.

"It's important that we not overstep our constitutional authority," Hatch said. Still, he warned that "firing Mueller would cause a firestorm and bring the administration’s agenda to a halt, and could even result in impeachment (of Trump)."

The legislation resulted from the merging of two separate bills that aimed to protect Mueller.

"In my view, this bill is the way the Senate should function," said Sen. Dianne Feinstein of California, the committee's senior Democrat. "Everybody went to work and worked it out. So we have a piece of legislation that I believe will stand the test of time."