UPDATE: Senate Majority Leader Mitch McConnell blocked Flake's and Coons' request, and in response, Flake says no more judicial approvals until the Mueller protection legislation gets a vote.
Flake, who is retiring at the end of this year, said following McConnell’s objection that he and Coons will try "again and again" to bring the measure to the floor. Flake said he will refuse to advance any judicial nominees in the Judiciary Committee or confirm any judges on the Senate floor until the Mueller bill is brought to the floor for a vote.
“The president now has this investigation in his sights and we all know it,” said Flake of Arizona.
McConnell has repeatedly said that confirming more federal judges is his top priority.
"I have informed the majority leader I will not vote to advance any of the 21 judicial nominees pending in the Judiciary Committee or vote to confirm the 32 judges awaiting confirmation on the Senate floor until ... [the bill] is brought to the full Senate for a vote," Flake said from the Senate floor.
Flake's threat will block the Judiciary Committee from approving judicial nominations and sending them to the full Senate without help from Democrats. Republicans hold a 11-10 majority on the panel and many of the most controversial nominees pass along party lines, meaning they would need either Flake's vote or a Democratic senator to flip.
On the Senate floor, Majority Leader Mitch McConnell (R-Ky.) has slightly more leeway. With a 51-49 majority, Flake would need a Republican colleague to join him and every Democrat to block a judicial nominee on the Senate floor.
McConnell Blocks Senate Bill Protecting Mueller Investigation (Bloomberg Politics)
Flake says he'll oppose judicial nominees until Mueller bill gets vote (The Hill)
Senators Jeff Flake (R-AZ) and Chris Coons (D-DE) are leading a bipartisan charge to bring a bill that would protect Special Counsel Robert Mueller to the floor for a vote, in spite of Majority Leader Mitch McConnell's (R-KY) ongoing insistence such legislation is unnecessary.
Flake and Coons, who are members of the Senate Judiciary Committee, intend to brief the media Wednesday afternoon after their speeches on the Senate floor.
Last week, Sen. Susan Collins (R-Maine) said that she thought the Senate should vote on the bill, which would give any fired special counsel the ability to appeal their termination to a panel of three federal judges.
“Senate debate and passage of this bill would send a powerful message that Mr. Mueller must be able to complete his work unimpeded,” Collins said in a statement, in which she also said she was “concerned” about Whitaker’s views on Mueller’s probe.
It is unclear that other Republicans agree — including the Republicans who co-wrote the bill. Sens. Thom Tillis (R-N.C.) and Lindsey O. Graham (R-S.C.) have suggested in recent weeks that the bill isn’t necessary because Trump would never fire Mueller.
Legislative rules also stipulate that an objection from a single senator could prevent a vote from happening. There is also the matter of getting such a measure through the House, where Republicans still control the majority.
But if all Democratic senators rally around the bill, Flake and Coons may be able to demonstrate that a majority of the chamber favors legislation to give Mueller legal recourse in the event he is fired.
The bipartisan legislation to protect Mueller was approved by the Senate Judiciary Committee in April. It would give any special counsel a 10-day window to seek expedited judicial review of a firing and put into law existing Justice Department regulations that a special counsel can only be fired for good cause.
Despite some GOP support, it’s unclear if the measure could gain 60 votes in the Senate — and even less clear that Trump would sign a bill that contained the legislation.
On Tuesday, [Senate Judiciary Committee Chairman Chuck] Grassley (R-IA) said he would leave the decision up to McConnell, but “if it comes to a vote, I will vote for that bill.” Graham, who is close to Trump, said he doesn’t expect Mueller to be fired, “but it would probably be good to have this legislation in place just for the future.” Tillis said he was talking to other senators about how they might be able to get it done.
Bipartisan duo aims to force vote on Senate bill to protect Mueller investigation (WaPo)
Republicans face renewed pressure on Mueller protection bill (AP)