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Senate Panel Votes to Protect Special Counsel From Arbitrary Dismissal

The U.S. Senate Judiciary Committee Thursday approved a bipartisan bill that would protect from arbitrary dismissal the special counsel who is currently investigating Russian interference in the 2016 U.S. election.

The measure, backed by 10 Democrats and four Republicans, codifies Justice Department regulations that the special counsel can only be fired by the attorney general or a designee for “misconduct, dereliction of duty, incapacity, conflict of interest, or other good cause.”

The bill provides additional protections for the office of the special counsel, based in the Department of Justice, allowing the prosecutor to seek expedited court review of a dismissal and requiring him to report to Congress, instead of the attorney general, his findings at the conclusion of an investigation.

Despite a strong show of support for the independence of special counsel Robert Mueller and a rare display of bipartisanship in a deeply divided Congress where members often vote along party lines, the bill is unlikely to become law.

Senate Majority Leader Mitch McConnell has said that President Donald Trump will not fire Mueller and that there is no need to bring the measure to the Senate floor for a vote.

Republican Senator John Cornyn, who voted against the measure in committee, said he did so because the full Senate will not take it up, the House will not vote on it, and Trump will not sign it into law.

The legislation was introduced by two Democratic and two Republican senators two weeks ago, after President Trump’s sharp criticism of an FBI raid on his personal lawyer’s home and office renewed fears that Trump may fire or order Mueller fired.

Mueller is heading the federal investigation into Russia’s electoral interference and possible collusion with the Trump presidential campaign. Trump has said there was no collusion and repeatedly denounced the probe as a “witch hunt.”

Supporters of the bill hailed it as a victory for the rule of law and the independence of the special counsel.

“This is about the independence of the Department of Justice and our respect for the rule of law,” said Democratic Senator Chris Coons, one of the bill’s four co-sponsors.

Republican Senator Lindsey Graham, another co-sponsor of the bill, added that “tThe public will be well served to have judicial checks and balances” and a judicial review of the special counsel’s firing.

Republican opponents of the measure said that while they supported the independence of the Mueller investigation, they found the bill unconstitutional because it limits the president’s executive authority.

Republican Senator Michael Lee said the Constitution gives the president the power to hire and fire officials and that the bill “ties the hands of the executive branch of the government.”

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