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Senate panel approves bill to protect Robert Mueller from firing

The committee's chairman said he believes the bill should be considered by the full Senate, despite Mitch McConnell's objections to bring it to the floor.
Credit: AFP Contributor
Former FBI Director Robert Mueller, special counsel on the Russian investigation, leaves following a meeting with members of the US Senate Judiciary Committee at the US Capitol in this file photo from June 21, 2017.

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.

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. He said he didn't believe the bill was necessary because he doesn't think President Trump will fire Mueller.

However, Chairman Chuck Grassley, R-Iowa, 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, R-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.

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," said Sen. Lindsey Graham, R-S.C. "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 Republican Sens. Lindsey Graham and Thom 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. "We took an oath to protect and defend the Constitution of the United States, but we’re not judges or presidents. We are stewards of the legislative branch."

"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," Grassley said. "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."

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