The latest measure, introduced by Rep. Jerrold Nadler and several Democratic colleagues, is identical to the bipartisan bill that is gaining traction in the Senate. | Drew Angerer/Getty Images House Democrats push Mueller protection bill

Seizing on sudden bipartisan momentum in the Senate, House Democrats introduced a measure Thursday to shield Special Counsel Robert Mueller from any attempts by President Donald Trump to fire him.

But unlike in the Senate, where a handful of Republicans have signaled an interest in proactively protecting Mueller, no Republicans have endorsed the House measure. Even the one Republican congressman, Rep. Walter Jones (R-N.C.), who backed an earlier version of the plan, has declined for now to sign onto the latest iteration.


"Unfortunately, it seems Republican leadership in the House lacks the spine to take a stand against President Trump’s abuse of power or defend our country from the constitutional crisis we would face if Special Counsel Robert Mueller’s investigation were terminated or interfered with in any way," said Rep. Jerrold Nadler (D-N.Y), the top Democrat on the House Judiciary Committee.

It's an indication of the potentially insurmountable hurdles a bill to safeguard Mueller's expanding probe from an increasingly frustrated president, who has lashed out at Mueller's tactics and called his investigation "corrupt." Though some Republican senators have signaled openness to proactively protecting Mueller, partisan divisions in the House appear to have deepened. Trump defenders have assailed Justice Department leaders for what they describe as overreach and anti-Trump bias.

The latest measure, introduced by Nadler and several Democratic colleagues, is identical to the bipartisan bill that is gaining traction in the Senate. It would prevent a special counsel from being removed without cause, and give any special counsel the ability to challenge his or her removal in court.

Sign up here for POLITICO Huddle A daily play-by-play of congressional news in your inbox. Email Sign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Even if a measure were to survive the intense partisanship of the House, some Republicans — even defenders of Mueller — have fretted that a bill to constrain Trump's ability to fire Mueller might be unconstitutional. Under current rules and procedures, special counsels technically work in the Executive Branch, and some lawmakers say it's unclear whether Congress or the courts have the ability to interfere.

Senate Majority Leader Mitch McConnell has privately raised constitutional concerns, and Sen. Jeff Flake (R-Ariz.), a prominent Trump critic and Mueller defender, said he's also concerned the bill might not pass legal muster.

But House Democrats suggested these concerns were unfounded.

"It’s being a chicken," said Rep. Steve Cohen (D-Tenn.), who sponsored an earlier version of the legislation to protect Mueller and drew support from nearly the entire House Democratic caucus.

"If it went into the judiciary system, it would be seen as constitutional. It’s protecting what’s above Article I, above Article II, above Article III — which is protecting the rule of law," he said.

Nadler said that the bill should pass and if its constitutionality were challenged, the courts could decide it later.

But the measure won't get that far without any Republican support. A spokeswoman for Jones, the North Carolina Republican, said he's still a strong supporter of Cohen's original bill and hasn't ruled out signing onto the new measure.

"He currently is not an original cosponsor of Rep. Nadler’s bill, but that’s not to say he won’t cosponsor in the future," she said.

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) declined to comment Wednesday when asked whether he'd consider calling up the legislation in his committee. The Senate Judiciary Committee, chaired by Sen. Chuck Grassley (R-Iowa) is expected to consider the legislation next week and call it up for a vote before the end of the month.

It's not clear yet whether the measure, should it pass the committee, will advance to the Senate floor.