How The Mueller Investigation Led To A Hold On Judicial Confirmations

The confirmation process is being used to push the bill to protect Mueller.

You wouldn’t think that the Mueller investigation would have any impact on the ability of Republicans to confirm federal judges. In the current crazy news cycle, you would be wrong.

On Wednesday, a trio of anti-Trump senators tried to bring up a bill that would protect Special Counsel Robert Mueller from being fired. Sen. Mike Lee (R-Utah) sided with Republican leadership and blocked the bill from coming to vote. Lee’s move led directly to the cancellation of a scheduled Thursday meeting of the Senate Judiciary Committee that would have prepared several judicial nominees for confirmation votes.

Here is how the two are related:

Lame duck Sen. Jeff Flake (R-Ariz.) was one of the sponsors of the Mueller protection bill. Flake, who is a vocal Trump critic, had threatened to block judicial nominees if Republicans did not allow a vote on the bill.

In retaliation for the Republican action on the Mueller bill, Flake voted against advancing the nomination of Thomas Farr to a federal District Court judgeship. Farr’s nomination did move forward after a 50-50 tie in which Vice President Mike Pence cast the deciding vote. Farr’s confirmation is still in doubt since Sen. Tim Scott (R-S.C.), who voted “yes” yesterday, has indicated that he may vote “no” on Farr’s confirmation.

Scott’s hesitation on Farr stems from a Justice Department memo that links the nominee to a controversial postcard campaign for a Jesse Helms campaign in 1990 that targeted black voters. At the time, Farr was the attorney who represented the head of the North Carolina Republican Party in the investigation of the postcards.

Since there are currently only 51 Senate Republicans, Flake’s stand makes it extremely difficult to advance and confirm judicial nominees. If the 49 Democrats all vote “no,” any Republican opposition in addition to Flake would reject a nominee.

The situation is similar on the Senate Judiciary Committee where Republicans outnumber Democrats 10-9. A “no” vote from Flake paired with 9 Democrat “no” votes would give nominees an unfavorable rating. Even though Majority Leader Mitch McConnell could bring nominees up for a vote with an unfavorable rating, Republican leaders hope to avoid that contingency.

Time is on the side of the Republicans in the battle for the judiciary. When the new Congress convenes in January, the GOP will have gained two seats and will have a larger margin in party-line votes. The House, which will soon be under Democrat control, does not have a role in confirming presidential appointments.

Also in January, Jeff Flake will be gone. The man who has been such a thorn in the side of President Trump and Mitch McConnell is retiring. He will be replaced in the Senate by the new Senator from Arizona, Kirsten Sinema.

[Photo credit: Gage Skidmore/Flickr]

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According to Five Thirty Eight, Flake voted with Trump 92% of the time. Sure, he was driven out due to being a pain in the presidential keister, but was it worth it for purification's sake? I mean, despite the net R +2 midterm outcome, how much help will Kirsten Sinema provide McConnell and the GOP agenda in instances such as yesterday's righteous revolt over Saudi Arabia?

Then again, ex-Trump critic Dean Heller meekly fell in line after the boss got in his face and what did that get? Dem Sen. Jacky Rosen. Two current/former Mormon dissidents gone...just wait till Mitt Romney is on the scene.


But I thought Chucky Schumer said after the midterms that the senate doesn't matter? I watched his whole press conference after the mideterms. He said it was no big deal that trump won some senate spots in trump states from 2016. Ahhhh, that may be true Chucky, but indeed those seats count nonetheless. A senate spot is a senate spot, regardless of how it comes or where it comes from.


Flake was a tool of Mitch McConnell not a thorn in his side. Mitch is quite capable of exercising the power of his position when it comes to people he doesn't like. Those that enable him to side track or kill things he's not really interested in like reducing spending without his finger prints are actors in his failure theater. I fell for Mitch's act 10 12 years ago but no more.