U.S. Sen. Thom Tillis (R-NC) on Jan. 9 reintroduced bipartisan legislation that would ensure independent investigations and judicial review for removing a special counsel.
The Special Counsel Independence and Integrity Act, S. 71, is sponsored by U.S. Sen. Lindsey Graham (R-SC) and counts U.S. Sens. Tillis, Susan Collins (R-ME) and Chris Coons (D-DE) among its cosponsors.
“This bill’s protections will help ensure that our Justice Department will have the independence it needs to conduct fair and impartial investigations with appropriate reporting to Congress,” Sen. Tillis said on Jan. 8. “This will, in turn, reaffirm the American people’s confidence in our nation’s rule of law and the principle that no one is above the law.”
S. 71 would protect the current and any future special counsels from inappropriate removal or political pressure, added the senator.
Sen. Tillis in April 2018 joined his U.S. Senate colleagues in first introducing the Special Counsel Independence and Integrity Act, S. 2644, which the U.S. Senate Judiciary Committee approved, but which never made it to the full U.S. Senate floor for a vote, according to the congressional record. A similar bill, H.R. 5505, was introduced in the U.S. House as well last year, where it was considered by the U.S. House Judiciary Committee.
“We were able to build a bipartisan base of support for this legislation last year and I look forward to working with my colleagues to build the additional support required to advance it through the Senate,” Sen. Tillis said.
With the reintroduction of S. 71, Sen. Tillis said the measure would codify existing U.S. Department of Justice (DOJ) regulations to ensure that the special counsel could be fired only for good cause by a senior DOJ official who would have to provide a written reason for the termination.
If enacted, S. 71 also would provide the special counsel a 10-day window in which to seek a speedy judicial review regarding removal from the position to determine whether the firing was for good cause. If the firing is found to have violated the good-cause requirement, the removal would not take effect, according to a summary of the bill provided by Tillis’ office.
Additionally, S. 71 would preserve the staffing, documents and materials of any investigations during a pending review, according to the summary.
“When we introduced the Special Counsel Independence and Integrity Act last year, I stated that I do not believe President Trump intends to remove Special Counsel Robert Mueller,” said Sen. Tillis. “I still believe that is true.”
“However, I also believe this bipartisan legislation is good government policy with enduring value across the current and future administrations,” he said.
Sen. Coons added that now is the time for both Republicans and Democrats “to stand up and protect the rule of law in this country.”
“This bipartisan bill is the best way to ensure that Special Counsel Mueller, and future special counsels, can complete their work without interference, and to make clear that no one is above the law,” said Sen. Coons.
S. 71 has been referred to the Senate Judiciary Committee for consideration.