Trump anxiety among GOP senators grows as indictments appear to help him

Republican senators who don’t want to see former President Trump as their party's nominee are feeling increasingly anxious that special counsel Jack Smith is actually helping Trump's presidential campaign through his dogged pursuit of the former president. 

They fear that another round of federal charges against Trump will only further boost his fundraising and poll numbers, solidifying his possession as the dominant front-runner in the 2024 Republican presidential primary field.  

And they worry that Smith’s effect on the Republican presidential primary is being magnified by prominent House Republicans and conservative media personalities who have rallied behind Trump, effectively blotting out the rest of the GOP presidential field.  

“They wish he would go away,” said a Republican senator, who requested anonymity to comment on private conversation, of fellow GOP senators’ concerns that Smith is helping propel Trump to victory.  

“They wish they would both go away,” the senator added, referring to Smith and Trump.  

The senator said constituents are calling on colleagues to “stand by Trump,” essentially turning the GOP presidential primary into a referendum on the former president and his battles with the Biden Justice Department. 

The senator said Smith is “absolutely” the best thing going for Trump’s presidential campaign.

Trump had a 15-point lead over Florida Gov. Ron DeSantis in national polls March 30, when news of the former president’s first indictment in New York on 34 felony counts related to a hush money scheme became public.  

Since then, his lead over DeSantis, his closest rival, has grown to 33 points, according to an average of recent national polls.  

A second Republican senator said the Department of Justice will further boost Trump if it brings new charges related to his efforts to overturn the 2020 presidential election and stop Congress from certifying President Biden’s victory Jan. 6, 2021.  

Trump already faces 37 counts in a federal indictment related to the classified documents found at his Florida residence.

“The things that one would have thought were disqualifying can be enhancing, can be improving your standing,” said the GOP senator, who also requested anonymity to comment on how Trump’s legal battles are energizing Republican voters to embrace his campaign.  

“I should explain to my constituents who complain that the Democrats are out to ambush Trump: ‘No, they want him to be Republican nominee because he is the one who would lose,’” the senator added.  

The senator said a new federal indictment against Trump “creates increased enthusiasm among his supporters and probably brings other voters along who see this as a rotten system.”

Sen. Rand Paul (R-Ky.), who hasn’t yet endorsed any presidential candidate, said Trump is getting “stronger” because of the two indictments and the potential for additional charges from the Justice Department and the Fulton County (Ga.) district attorney.  

“I think he’s getting stronger,” he said, adding, “The primary gets less and less [competitive].” 

Paul speculated that the Biden administration and its allies may be focusing prosecutorial firepower on Trump to boost him in the primary, because Democratic strategists believe Biden has a good chance of beating him again in a general election.  


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“Maybe that’s their strategy. Maybe their strategy is: 'Let’s keep indicting him. We’ll build him up because he’s the one candidate who won’t have appeal to independents.’ And that might be true,” Paul said.  

The Kentucky senator said even Republicans who aren’t Trump fans feel angry and exasperated by the severity of the charges brought against him.

“More and more Republicans, even ones who have disagreements with him, are like: ‘Really, you’re going to indict him for trying to overturn the election?’” he said.  

Paul said he thought the strategy of Trump allies trying to push alternate slates of Electoral College electors in the weeks after the 2020 election was “a stupid strategy.” 

“I voted against it. I said at the time it was a dumb strategy. So I’m against that policy, but never in my right mind would I think that it’s a crime for [Trump] to say, ‘Let’s have an alternate set of electors,’” he said.  

Senate Republican Whip John Thune (R-S.D.), who has endorsed Sen. Tim Scott (R-S.C.) in the 2024 presidential election and has repeatedly warned that Trump is a turnoff to swing voters, said the Department of Justice has only boosted Trump’s fundraising and standing in the polls.

“That seems to have happened so far,” he said. “He seems to have benefited every time that the Justice Department goes after him. 

“I’m hoping that the dynamic changes in a way that Tim Scott starts to break out,” Thune said.  

Trump’s campaign last week sent out a fundraising email to supporters within 24 hours of receiving a letter from Smith informing him that he is the target of a grand jury investigation related to the events of Jan. 6.  

He asked his subscribers to “make a contribution to show that you will NEVER SURRENDER our country to tyranny as the DEEP State thugs try to JAIL me for life.”  

Trump raised $35 million in the second quarter of this year, during which time he pleaded not guilty in separate criminal cases in Manhattan and the Southern District of Florida.  

DeSantis reported raising $20 million in the second quarter. 

Trump has repeatedly bashed Smith to rev up his core supporters.  

He shot off a fundraising email immediately after learning that he had been indicted in early June for violating the Espionage Act and conspiring to obstruct justice because of his handling of classified documents after leaving office.  

“We are watching our Republic DIE before our very eyes. The Biden-appointed Special Counsel has INDICTED me in yet another witch hunt regarding documents that I had the RIGHT to declassify as President of the United States,” he wrote June 8. 

Trump’s strategy of villainizing Smith and the Department of Justice has proven especially effective with small-dollar donors; his campaign reported collecting $6.6 million within days of Smith announcing his first round of charges.  

Sen. Mitt Romney (R-Utah), who voted twice to convict Trump of impeachment charges and wants his party to move away from the former president, said: “In the past, an indictment would be terminal for a candidate.” 

“Donald Trump has proven that’s not the case. He was right: He could shoot someone on Fifth Avenue and it wouldn’t make a difference,” he said.  

Sen. John Cornyn (R-Texas), who doesn’t think Trump can win a general election matchup against Biden, said the indictments have rallied Republican voters behind Trump "so far."

“But he hasn’t had a trial yet," he said. "That could change things."  

McConnell declines to say whether Trump should be charged criminally for Jan. 6 

Senate Republican Leader Mitch McConnell (R-Ky.), who condemned former President Trump two years ago for inciting the Jan. 6, 2021, attack on the U.S. Capitol, declined Wednesday to say whether Trump should now be criminally charged for those actions

McConnell, asked about a possible indictment of Trump, stated that he does not plan to “critique” GOP candidates for president.  

“I’ve said every week out here that I’m not going to comment on the various candidates for the presidency. How I felt about that I expressed at the time, but I’m not going to start getting into sort of critiquing the various candidates for president,” McConnell told reporters when asked whether it would be legitimate for the Justice Department to charge Trump in connection with efforts to stop Congress’s certification of President Biden’s 2020 election victory.  

Minority Leader Leader Mitch McConnell (R-Ky.)

Minority Leader Mitch McConnell (R-Ky.) addresses reporters after the weekly policy luncheon on Wednesday, July 19, 2023. (Greg Nash)

Trump announced Tuesday that special counsel Jack Smith had informed him in a letter that he is the target of a grand jury investigation related to Jan. 6. 

The target letter cites three statutes that Trump may be charged under, including the deprivation of rights, conspiracy to commit an offense against or defraud the United States and tampering with a witness, according to news outlets.  

McConnell excoriated Trump on the Senate floor in February 2021 at the conclusion of his second impeachment trial for provoking a mob of supporters to march to the U.S. Capitol and overrun its security to stop the certification of the 2020 election.  

“There is no question that President Trump is practically and morally responsible for provoking the events of that day. The people who stormed this building believed they were acting on the wishes and instructions of their president,” McConnell said.  


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More than 1,060 people have been charged by federal prosecutors because of their actions that day, and more than 600 people have pleaded guilty, according to a database compiled by National Public Radio.  

More than 80 people have been convicted on all charges, while only two people have been acquitted on all charges. 

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Senate Republican Whip John Thune (S.D.) said Tuesday that being “practically and morally responsible” didn’t necessarily warrant criminal charges and that prosecutors would have to hew closely to the law and facts of the case.  

“Practically and morally is something very different than legally, and I think that’s what the Justice Department has to look at. They’ve got to look at the law, the facts as they’ve interviewed people, and then make a determination about whether laws were broken,” he said.    

GOP senators hold back on defending Trump as he faces new indictment 

The revelation that former President Trump faces a possible grand jury indictment connected to the Jan. 6, 2021, attack and his efforts to hold on to power has landed like a bombshell on Capitol Hill, where lawmakers saw firsthand the violence unleashed that day. 

Some GOP lawmakers rushed to Trump’s defense, but many Republicans in the Senate held back from defending the former president, who has been accused of stoking the Jan. 6 mob and who waited before calling on protesters to disperse.  

The expected indictment separately poses a tough political problem for many Republicans critical of Trump, who remains wildly popular with the party’s base. 

Senate Republican Leader Mitch McConnell (Ky.), who hasn’t spoken to Trump since December 2020, stayed quiet about the news of yet another indictment against his onetime ally, who is now leading the Republican presidential primary field by 30 points in national polls.  

Minority Leader Leader Mitch McConnell (R-Ky.)

Minority Leader Mitch McConnell (R-Ky.) addresses reporters after the weekly policy luncheon on Wednesday, July 19, 2023. (Greg Nash)

His top deputies, Senate Republican Whip John Thune (R-S.D.) and Sen. John Cornyn (R-Texas), reacted with caution.

Asked whether it would be “legitimate” for special counsel Jack Smith to charge Trump for trying to overturn the results of the 2020 election, Thune said it would depend on the facts and evidence presented.  

“That’s going to depend on whether or not laws were broken," he said. "So clearly, I don’t know what they’re looking at. But I’m sure we’ll know in due time.” 

Cornyn dodged the politically charged topic altogether, arguing the Justice Department has the authority to investigate whether Trump broke the laws in trying to stop the certification of the 2020 election. 

“I think that’s entirely within the purview of the Department of Justice and has nothing to do with the United States Senate,” he said.  

Asked if Smith is a “credible prosecutor,” he said, “I have no knowledge of anything approaching that.” 

Senate Republican Conference Chairman John Barrasso (R-Wyo.), who called the indictment of Trump last month for violating the Espionage Act “political” and “rotten,” was the only senior member of the Republican leadership to accuse the Justice Department of acting on political motives.  

“It looks like the president is targeting his most popular opponent. Isn't that interesting? Sounds political to me,” he said.  

Asked if he saw any qualitative difference between the 37 felony counts federal prosecutors brought against Trump last month for refusing to turn over classified documents he kept improperly at Mar-a-Lago and new charges related to Jan. 6, Barrasso saw both indictments as political attacks.  


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“The administration is siccing its dogs on the former president of the United States and their most formidable opponent,” he said.  

Senate Republican Conference Vice Chairwoman Shelley Moore Capito (R-W.Va.) only said, “It’s a never-ending story, that’s my comment.”  

The generally muted response from Senate Republican leaders posed a stark contrast with House Republican leaders, who rushed to Trump’s defense.  

Speaker Kevin McCarthy (R-Calif.) suggested the Justice Department is bringing new charges against Trump because he is leading the Republican presidential field by double digits and pulled ahead of President Biden in a recent poll.  

“Recently, President Trump went up in the polls and was actually surpassing President Biden for reelection. So what do they do now? Weaponize government to go after their No. 1 opponent,” McCarthy said Tuesday. 

“This is not equal justice. They treat people differently and they go after their adversaries,” he said. 

Speaker Kevin McCarthy (R-Calif.)

Speaker Kevin McCarthy (R-Calif.) speaks to reporters during a media availability in Statuary Hall of the Capitol on Wednesday, July 19, 2023.

McCarthy’s comments reveal how his views of Trump’s culpability for the attack on the Capitol have evolved since January 2021, when he told GOP colleagues that Trump “bears responsibility for his words and actions ­— no if, ands or buts.” 

House Majority Leader Steve Scalise (R-La.) accused the Justice Department of waging a politically motivated prosecution to distract from a whistleblower’s claims that senior administration officials interfered with an Internal Revenue Service investigation of Hunter Biden.

“Now you see the Biden administration going after President Trump once again, and it begs that question, ‘Is there a double standard? Is justice being administered equally?’” Scalise asked at a press conference.  

Other Trump allies in the House joined the attack against the administration.  

House Judiciary Committee Chairman Jim Jordan (R-Ohio) claimed Biden’s Justice Department did little to prosecute Black Lives Matter protesters who breached a federal courthouse in 2020 or to prosecute threats against conservative Supreme Court justices. 

“But if you’re President Trump and do nothing wrong? PROSECUTE. Americans are tired of the double standard!” he tweeted.  

Another Trump ally, Rep. Marjorie Taylor Greene (R-Ga.), attacked Smith on Twitter as a “lousy attorney” and pointed to the Supreme Court overturning his conviction of former Virginia Gov. Bob McDonnell (R). 

“He only targets Republicans because he’s a weak little bitch for the Democrats,” she tweeted. 

House Judiciary Committee Chairman Jim Jordan (R-Ohio)

House Judiciary Committee Chairman Jim Jordan (R-Ohio) asks a question during a hearing on Wednesday, June 21, 2023 to discuss the report from Special Counsel John Durham about the “Crossfire Hurricane” probe into allegations of contacts between Russia and former President Trump’s 2016 campaign.

Senate Republicans, many of whom have made clear they don’t want to see Trump as the party’s nominee for president in 2024, however, broke with their House GOP colleagues over the claim that the Justice Department is operating a “two-tier” system and holding Trump to a special standard. 

“I think you’ve got to go where the facts lead you and determine whether or not laws are broken. But there shouldn’t be two systems of justice; everybody should be held accountable and there ought to be equal justice under the law,” Thune told reporters. 

“Clearly in these circumstances, it’s a politically charged environment. I think it puts an even higher burden of proof on the Justice Department given the perceptions that people have about that but this has got to be driven by the law and the facts,” he said.  

Sen. John Thune (R-S.D.)

Sen. John Thune (R-S.D.) addresses reporters after the weekly policy luncheon on Wednesday, July 19, 2023.

McConnell excoriated Trump on the Senate floor at the end of his 2021 impeachment trial for inciting the mob that stormed the Capitol hallways and ransacked the Senate parliamentarian’s office. 

“There is no question that President Trump is practically and morally responsible for provoking the events of that day,” he declared, referring to the violence and chaos that resulted in injuries to more than 100 Capitol police officers.  

One officer, Brian Sicknick, died of natural causes while defending the Capitol.  

Thune said just because the Senate Republicans’ top leader called Trump “practically and morally” responsible, that did not necessarily warrant criminal charges.  

“Practically and morally is something very different than legally, and I think that’s what the Justice Department has to look at. They’ve got to look at the law, the facts as they’ve interviewed people, and then make a determination about whether laws were broken,” he said.   

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Sen. Mitt Romney (R-Utah), who voted twice to convict Trump on impeachment charges — including on the charge of inciting the Jan. 6 riot — warned his House GOP colleagues about relentlessly attacking the Justice Department.

He voiced concern about "the diminution of institutions in which we rely as a society." 

"A democracy works when we have confidence in the justice system, in the legal system, in our prosecutors and so forth. If we constantly attack and diminish them, that weakens the democracy," he said. 

Three key Trump figures intersect two Justice Department probes 

Three key figures connected to former President Trump are at the intersection of two accelerating Justice Department probes seen as the most viable pathways for a prosecution of the former president.    

Special counsel Jack Smith is overseeing what began as two entirely separate cases: the mishandling of classified records at Mar-a-Lago and the effort to influence the 2020 election that culminated in the Jan. 6, 2021, attack on the Capitol.      

Several Trump World figures straddle both events, providing prosecutors with what experts say is a potent opportunity to advance both investigations.      

Alex Cannon, Christina Bobb and Kash Patel played different roles in the two sagas, but each has been sought by the Justice Department in the documents dispute and has also been called in by the special House committee, now disbanded, that investigated the Jan. 6 riot.    

Cannon, a longtime Trump Organization employee, was pulled into campaign efforts to assess allegations of voter fraud and then served as a liaison for Trump with the National Archives as officials there pushed for the recovery of presidential records.  

Bobb, a lawyer for Trump’s 2024 campaign, aided in the Trump 2020 campaign’s post-election lawsuits. She later shifted to doing legal work for Trump that culminated in her signing a statement asserting classified records stored at Mar-a-Lago had been returned.   

Patel was chief of staff to the secretary of Defense as the Pentagon was grappling with Jan. 6. Trump also named Patel as one of his representatives to the National Archives upon leaving office, and he was later one of Trump’s chief surrogates in pushing claims that the former president declassified the records discovered in his Florida home.  

It’s unclear whether any of the trio faces significant legal exposure, but their unique positions could be valuable for Smith, who is racing forward with both cases. In recent weeks, Smith has subpoenaed former Vice President Mike Pence and former White House chief of staff Mark Meadows, while securing another batch of materials from Mar-a-Lago.  

“Typically, you don't have two separate investigations and two separate sets of possible crimes to work with as you're negotiating. Smith does have that here,” said Norm Eisen, a counsel for Democrats during Trump’s first impeachment who has penned analyses of both cases.     

“For him, it's like a two-for-one sale. If he cuts a cooperation deal with some of these individuals, he can advance multiple cases at the same time,” Eisen added.     

Patel was granted immunity by a judge and compelled to answer questions in the Mar-a-Lago case after being previously subpoenaed to appear before a grand jury and repeatedly pleading the Fifth. Bobb has also spoken with prosecutors in relation to the case and testified before a grand jury. And the Justice Department is seeking to speak to Cannon about his dealings with the National Archives, The New York Times reported

“I think that is a potential fruitful avenue for the Justice Department in these cases,” said Barbara McQuade, a former U.S. attorney under President Obama. “Their overlap in the two cases is very interesting, because you could use criminal exposure in one case to flip them in the other case.” 

Attorneys for Cannon and Bobb did not respond to multiple requests for comment for this story, while a spokesperson for Patel declined to comment. The Trump campaign also did not respond to request for comment.  

To be clear, other figures also may have insight into the two probes, including Meadows and former deputy White House counsel Patrick Philbin. Former White House attorney Eric Herschmann is also reported to have warned Trump about holding records at Mar-a-Lago.     

Still, the trove of transcripts released by the House Jan. 6 committee offers a window into three figures who, despite diverging paths, became central in the Mar-a-Lago probe. 

Bobb and Patel, who now serves on the board of Trump’s social media enterprise, remain deeply enmeshed with the former president.      

Cannon was most recently employed by Michael Best, a law firm that in December severed its ties with several Trump-connected attorneys, including Stefan Passantino, who represented former aides before the Jan. 6 panel. The firm also allowed contracts with Cannon and former Trump deputy campaign manager Justin Clark to lapse, Bloomberg News reported

The firm did not respond to a request for comment.   

Cannon, who was initially hired to work on contracts for the Trump Organization, expressed hesitation during interviews with the Jan. 6 panel about being pulled into working on fraud issues for the campaign as the pandemic brought hotel operations to a trickle.    

“I believe that the only reason I was asked to do this is because others didn't want to. I have no particular experience with election law or anything. I do vendor contracts,” he told the committee.     

When asked if he found that work undesirable, he responded, “I'm sitting here right now. Yes, it's undesirable.”      

The conversations show Cannon was tasked with evaluating a number of claims from “crazy people,” as he once described it, as well as other claims that dead people may have voted — something he was unable to verify given limitations in voter databases.  

He ultimately relayed those concerns to Pence, recounting to the committee in what would become a brief appearance in a hearing that “I was not personally finding anything sufficient to alter the results of the election.”      

It was a stance that caught the eye of former Trump adviser Peter Navarro.  

“Mr. Navarro accused me of being an agent of the deep state working … against the president. And I never took another phone call from Mr. Navarro,” Cannon said.     

Bobb, in contrast, made clear in her interview that she believed there was suspicious activity on Election Day that merited review.     

Once a reporter for the far-right One America News, Bobb had come to the network after working as an attorney, including during stints with the Marine Corps. She would later get a master of laws degree from Georgetown University, joining the Trump administration at the Department of Homeland Security after graduation.      

While working as a One America News employee, she volunteered her time to the Trump campaign immediately after the election. The arrangement was approved by the network, though the campaign required her to sign a nondisclosure agreement.     

“There was plenty of evidence to be concerned about fraud,” she said, even if the legal team wasn’t prepared to launch a case on the first day following the election. 

“I volunteered and I wanted to look into it because I was concerned about the integrity of my vote, of the country. I think that's why we all got involved. So I don't want you to take my statement and say, Christina Bobb said that in the beginning the legal team knew there was no fraud. That's not what I'm saying. I'm saying there was plenty of reason to believe there could be fraud.”

Bobb was present in the “war room” at the Willard Hotel on Jan. 6 and was listening in to Trump’s call with Georgia Secretary of State Brad Raffensperger — a discussion she told the panel was “unremarkable.”    

The Jan. 6 committee transcripts indicate Cannon and Bobb had no interaction throughout the litigation process, with Bobb saying they did not connect until after President Biden was sworn in. Bobb told investigators she didn’t speak with Cannon until later, adding nothing more when investigators asked if it was on an unrelated matter.     

Bobb’s role with Trump on the Mar-a-Lago documents picked up where Cannon left off.     

In February 2022, Cannon declined Trump’s request to sign a statement indicating all classified material at Mar-a-Lago had been returned because he wasn’t sure the statement was true, according to reporting from The Washington Post.      

Bobb would join the team later, agreeing to sign a declaration given to the Justice Department in June attesting that all sensitive government documents had been returned — with the stipulation that her attestation was “based upon the information that has been provided to me.”     

“The contrast between the two as lawyers speaks volumes,” said Josh Stanton, an attorney with Perry Guha who contributed to a model prosecution memo for the Mar-a-Lago case.  

“Alex Cannon refus[es] to sign a certification that everything had been turned over where he wasn't able to do himself the diligent work to actually independently verify that, whereas Christina Bobb is in a position where she's told to sign the certification, and is told that that's correct, then just goes ahead and signs it anyway,” he said.  

“Whether or not you could actually make out, say, criminal charges against Christina Bobb for signing that certification … it certainly puts her ethically, as a lawyer, in really hot water,” he added.     

Patel, who spoke to the Jan. 6 committee after being subpoenaed, began his deposition with an opening statement expressing frustration that the panel did not think he would be cooperative with its investigation.     

Patel later answered questions during a lengthy interview after noting privilege concerns, but investigators at times seemed baffled by details the former high-ranking Defense Department official could not remember. Patel struggled to recall specifics about some conversations with Trump and demurred when asked about reported plans near the end of the Trump presidency to install him as head of the CIA.    

“I know you guys try to think this is improbable, but I was in one of those positions for a two-year period of time, approximately, where I had many conversations with the president impacting things that I would only read about or watch in movies,” he said.      

“So, after a certain period of time, they tend to stack up and you just do the mission,” Patel added.     

Patel largely sidestepped questions on whether Trump should have done more to stop the chaos on Jan. 6, but spoke at length about the process for securing assistance from the National Guard and Trump’s approval for the use of as many as 20,000 troops that day.     

The committee panned Trump’s inaction as dereliction of duty, and Stanton said Patel’s comments could forecast a response should Trump or others face culpability for Jan. 6.  

“Some of the most powerful testimony in the hearings themselves was the sort of hours Trump seemed not to act. And so I think he's previewing what they're going to say, which is, ‘Oh, no, I actually did authorize 10,000 or 20,000 National Guard members to be able to respond,’” he said.

In the Mar-a-Lago probe, Patel repeatedly asserted his Fifth Amendment rights during his first appearance before a grand jury.     

“Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves,” Patel told Breitbart News in May.     

“The White House counsel failed to generate the paperwork to change the classification markings, but that doesn’t mean the information wasn’t declassified,” Patel said. “I was there with President Trump when he said ‘We are declassifying this information.'”     

Trump’s attorneys have not directly backed that claim, though it would not be a bulletproof defense should he face Espionage Act charges, as the law deals with those who mishandle “national defense information.”

The special counsel appears to be ratcheting up the probes in recent weeks, even seeking to pierce the attorney-client privilege of Evan Corcoran, one of Trump’s attorneys in the document dispute, arguing his legal advice may have been given in furtherance of a crime.

It’s a move observers say should give warning to other attorneys involved in the probe.     

“Any lawyer associated with Donald Trump is at great risk,” Eisen said. “I mean, he's like a neutron bomb for the legal profession.”