Senate Majority Whip John Cornyn signaled that a vote on legislation that would protect special counsel Robert Mueller could happen — though no specific time frame was given.
“There is a possibility we will have a vote on the Mueller, so-called Mueller protection bill,” the Texas Republican said on Hugh Hewitt’s radio show early Tuesday.
But Cornyn, said he doesn’t support the legislation, and doesn’t think President Trump is going to fire Mueller.
A full vote on the legislation to protect Mueller was blocked by Senate Majority Leader Mitch McConnell roughly two weeks ago. This stirred led to Sen. Jeff Flake, R-Ariz., saying he would not support any of Trump’s pending judicial nominees until the Senate allows a vote — a warning that could prove treacherous for the GOP, which only has a 11-10 majority in the Senate Judiciary Committee.
Flake indicated later Tuesday that he will again with Sen. Chris Coons, D-Del., again ask for unanimous consent to bring the legislation to the floor for a full vote.
Special Counsel Mueller must be allowed to finish his investigation. Tomorrow, Sen. @ChrisCoons and I will again call for unanimous consent to bring S. 2644, which will protect the Special Counsel, to the Senate floor for a vote. https://t.co/HgPMo6Iu6X
— Jeff Flake (@JeffFlake) November 27, 2018
[Related: Amy Klobuchar ties fate of Mueller protection bill to government spending negotiations]
The judiciary panel is expected to hear dozens of nominees on Thursday.
“Well, we’ve got some judges on the calendar now that we can pass even if we don’t have Sen. Flake’s support. But we can’t get them out of the Judiciary Committee, so we’re going to be working with Sen. Flake to see what he needs in order to lift his hold,” Cornyn said Tuesday.
When asked why the Senate won’t give Flake the vote, Cornyn said Republicans are actively talking abut it.
“Well, we are checking with our members now to see exactly where, you know, how it would come out. It may be that he does get that opportunity. If we can have a relatively expedited up or down vote, and my preference is that it fail, but at least he will have had his shot. And my hope is that he then will agree to let us confirm the judges that are on the calendar,” Cornyn said.
He added that he believes the process of holding over votes on the nominees is an “unfair” process to them, and their families.
“So it’s unfair to them to simply tell them to start over again next year, which is what would have to happen. So I’m hopeful we can work it out, and we’re working hard at it,” Cornyn explained.
The legislation was introduced by Republican Sens. Lindsey Graham of South Carolina and Thom Tillis of North Carolina in mid-2017, and it passed out of the Senate Judiciary Committee in April.
The bill holds that Mueller can only be fired for good cause by a Senate-confirmed Justice Department official, and it would create a 10-day review process that would let Mueller seek expedited judicial review if Trump tries to get rid of him.
The bill would also block a decision to fire Mueller if that move were found to be in violation of the good-cause condition.
Some Republican lawmakers, and a handful of Democrats and critics, have said legislation to protect the special counsel is more urgent after the ouster of Attorney General Jeff Sessions.
Earlier this month, Sessions was forced to resign, and he was replaced with Acting Attorney General Matthew Whitaker — someone who has been highly critical of Mueller in the past.
In the position, Whitaker — an ally of Trump — has the ability to curtail the special counsel’s investigation, though some lawmakers, including Graham, have said he has reassured him he will not do so.
