[W]ASHINGTON — Despite opposition from Senate Republican leadership, the Senate Judiciary Committee advanced a bill Thursday that would establish protections for the special counsel leading a probe into Russian interference in the 2016 election.
The committee passed the bill on a 14-7 vote, with four Republicans voting in favor of the measure with all ten Democrats.
Sen. Patrick Leahy, D-Vt., the most senior member of the committee, said afterward he believes advancing the bill sends a signal to the White House.
“I think of it more as a way of saying here you’ve got conservative, liberal, moderate members of this committee all agree, and let it be a warning,” he said.
Many of his colleagues in the Senate were “encouraged” that the measure progressed, he said.
“The fact that we came together across the political spectrum to say hands off on the special prosecutor, that’s a pretty good sign,” Leahy said.
The bill creates a system so if the special prosecutor were fired, he or she could appeal the dismissal to a panel of judges. It also puts into law current Department of Justice practice requiring good reason for a special counsel to be dismissed.
Committee Chair Chuck Grassley, R-Iowa, acknowledged that some had concerns about constitutionality of the bill.
“It’s possible the bill goes too far,” he said.
However, he threw his support behind it, after an amendment he offered was added, requiring the special counsel to submit a report on the investigation to Congress once it has concluded.
Grassley and three other Republicans voted in favor of it.
The changes of full passage are slim. Senate Majority Leader Mitch McConnell has made clear that he does not regard the bill as necessary and he will not bring it to the floor.
The package also faces a steep climb in the House. Rep. Peter Welch, D-Vt., introduced a companion bill to the Senate legislation earlier this month.
Asked whether firing Mueller would constitute grounds for impeaching Trump, Leahy responded: “it would depend why he did it.”
“It comes very close to grounds for impeachment,” Leahy said. “If it was done to cover up a crime on his part, yes, of course it does.”
However, he said there are a lot of factors to consider. He added that the special counsel has seen evidence in the case that others have not.
Leahy said at this point he does not believe the investigation led by Mueller would be derailed if Mueller were fired. The materials the prosecutor has gathered would still exist, and they would be passed on to other prosecutors. It would, however, heighten suspicions that the president had engaged in the obstruction of justice.
“That would motivate just about any prosecutor who inherited the investigation,” said Leahy, a former prosecutor.
