Top GOP leader rejects need for Congress to protect special counsel Mueller

Maureen Groppe | USA TODAY

Show Caption Hide Caption Trump calls N.Y. Times Mueller report 'fake news' President Trump called New York Times report that he ordered special counsel Robert Mueller fired 'fake news.' The Times reports Trump ordered the firing last June but backed off when White House lawyer Don McGahn threatened to quit. (Jan. 26)

WASHINGTON — House Majority Leader Kevin McCarthy on Sunday dismissed the need for Congress to protect Robert Mueller, the special counsel overseeing the Russia investigation, despite recent reports that President Trump wanted to fire Robert Mueller last year.

"I don't think there's a need for legislation right now to protect Mueller," McCarthy said on NBC's "Meet the Press."

The No. 2 Republican in the House said Trump has fully cooperated with Mueller's team and "I think we'll just continue this investigation to see where it goes."

EXCLUSIVE: @GOPLeader Rep. Kevin McCarthy (R-Calif.) on #MTP this morning says, "I don't think there's a need for legislation right now to protect Mueller." pic.twitter.com/iKTOIlfNDb — Meet the Press (@MeetThePress) January 28, 2018

But after reports last week that Trump ordered Mueller fired and White House counsel Don McGahn refused, there is growing support among some Senate Republicans for stepping in to protect Mueller through bipartisan legislation introduced in August.

"It probably wouldn't hurt for us to pass one of those bills," Sen. Susan Collins, R-Maine, said on CNN's "State of the Union." In December, Collins had said she did not see the need for such legislation.

The New York Times, followed by The Washington Post, reported Thursday evening that Trump issued an order to have Mueller fired in June. McGhan refused to tell the Justice Department to carry it out, saying he would quit instead, the Times reported, quoting two unnamed sources.

Trump has said the reports that he wanted to fire Mueller are "fake news."

USA TODAY reported Friday that Trump expressed interest in firing Mueller but was talked out of it by his legal team, according to two people familiar with the incident..

Asked about those reports, White House legislative director Marc Short said Sunday he's "not aware the president ever intimated that he wanted to fire Robert Mueller."

"“We have continued to comply fully" with the investigation, Short told Fox News Sunday. "Robert Mueller is still special counsel."

White House Legislative Affairs Director @Marcshort45: "I’m not aware of the President ever intimating that he wanted to fire Robert Mueller." @FoxNewsSunday pic.twitter.com/sB2QMDGolD — Pat Ward (@WardDPatrick) January 28, 2018

A bill sponsored by South Carolina Republican Sen. Lindsey Graham and New Jersey Democrat Cory Booker would require the attorney general to seek approval from a federal court prior to removing a special counsel.

Graham said Mueller is "the perfect guy to get to the bottom of this," and his bill would give Mueller "the space to do it."

"I'll be glad to pass it tomorrow," Graham said on ABC's “This Week with George Stephanopoulos,”

In addition to Graham's bill, one sponsored by Republican Sen.Tom Tillis of North Carolina and Democratic Sen. Chris Coons of Delaware would allow the attorney general to remove a special counsel only for specific reasons, including misconduct, dereliction of duty or conflict of interest.

Collins said there are some constitutional issues with the proposed legislation.

"But it would certainly not hurt," she said, "to put that extra safeguard in place given the latest stories."

Sen. Charles Grassley, the Iowa Republican who chairs the Judiciary Committee, has said he is open to considering the bills if the differences between them could be reconciled, and if supporters could address constitutional concerns that the bills would represent the legislative branch meddling in the affairs of the executive.

But many Republicans on Capitol Hill say they want to wait for the completion of investigations underway by congressional committees before considering new legislation.

Contributing: Ledyard King, David M. Jackson and Herb Jackson, USA TODAY.