Senators Jeff Flake (R-AZ), Chris Coons (D-DE), and Cory Booker (D-NJ) tried Wednesday to get a Senate vote on bipartisan legislation that would protect Special Counsel Robert Mueller from being fired without cause, but once again, the effort failed.
Because they attempted to use unanimous consent, only one lawmaker needed to object to stop the motion. Senator Mike Lee (R-UT) took on that role.
CNN:
In his opposition to the bill, Lee cited the late Justice Antonin Scalia's minority opinion in Morrison v. Olson, the Supreme Court case that upheld the process of appointing an independent counsel under a bill passed forty years ago. That law's authority has expired.
"As Justice Scalia explains, we cannot convert an office like this one, an office like the previously existing office of independent counsel, without creating a de facto fourth branch of government fundamentally undermining the principles of the separation of powers that is so core to our liberty," Lee said.
Coons said that he is confident if the bill were brought to a floor vote it would get the 60 votes needed to pass. He says he will continue to push for it.
Speaking to reporters earlier on Wednesday, Flake, who is retiring soon, said he believed the bill could pass but that he had been told “somebody will block it.”
“So my commitment to not vote for judges before the committee or on the floor until we get this done stands,” Flake said.
(...)
Flake in turn put the [Thomas Farr as a U.S. District Judge in North Carolina] nomination in jeopardy, creating a tie with his vote.
Vice President Mike Pence stepped in to break the tie.
Bill to protect special counsels such as Robert Mueller blocked on the Senate floor again (CNN)
Special counsel protection bill stalls in U.S. Senate, Flake starts protest (Reuters)