Trump steps up war with Senate GOP

Former President Trump is stepping up his war with Senate Republicans by calling for primary challenges next year against GOP incumbents who do not support investigating President Biden's family finances.  

Many Senate Republicans have made clear they don’t want Trump to win their party’s nomination for president, and they’re leery about rallying to his defense given the former president’s polarizing effect on moderate Republican and swing voters. 

Senate GOP aides and strategists argue they can’t do much regarding the Biden family's business dealings because they don’t have the power to issue subpoenas as the Senate’s minority party.  

But GOP senators aren’t giving Trump much rhetorical support either — in sharp contrast from prominent House Republicans such as Speaker Kevin McCarthy (R-Calif.) and Judiciary Committee Chairman Jim Jordan (R-Ohio). 

Ron Bonjean, a GOP strategist and former Senate leadership aide, said the Trump call will appear to a number of Senate Republicans like a way for Trump to distract people from the investigations into his own activities.

But he suggested it isn’t likely to work.

“A good number of Senate Republicans take a more measured approach usually. They don’t knee-jerk to pressure,” Bonjean said.

Trump appears to be losing patience with Republican lawmakers on the fence about impeaching Biden and Attorney General Merrick Garland, as the federal and state felony charges pile up against him along with his mounting legal bills.   

Trump mocked GOP senators and House members who say they have “other priorities” and would prefer to leave the investigations of Hunter Biden and the Biden family's business dealings to the House committees.  

“They sit back and they say, ‘We have other priorities, we have to look at other things.’ Any Republican that doesn’t act on Democrat fraud should be immediately primaried. Get out. Out,” he declared at a Saturday rally in Erie, Pa.  

The comments came a few days after Trump hit Senate Republicans for not taking a more aggressive approach to Biden’s personal finances.  

“With all of these horrible revelations and facts, why hasn’t Republican ‘leadership’ in the Senate spoken up and rebuked Crooked Joe Biden and the Radical Left Democrats, Fascists, and Marxists for their criminal acts against our Country, some of them against me,” he demanded in a post on Truth Social. 

Cool to launching impeachment proceedings

Republican senators are cool to the idea of launching impeachment proceedings against Biden in the House and generally have kept their distance from House GOP threats to cut funding to the Department of Justice and FBI in response to more than 30 felony counts prosecutors have brought against Trump.  

Asked last week whether he saw any merit to an impeachment inquiry into Biden, Senate Republican Leader Mitch McConnell (R-Ky.) said impeachment “ought to be rare rather than common.” 

“I’m not surprised that having been treated the way they were, House Republicans last Congress, [they] begin open up the possibility of doing it again,” he said, referring to the two impeachments of then-President Trump by a Democratic-controlled House.  

“And I think this is not good for the country to have repeated impeachment problems,” McConnell warned.  

It was hardly a ringing endorsement of the House Republican-led investigations into the Biden family and the Department of Justice’s handling of criminal allegations against Hunter Biden.  

Bonjean said “in any impeachment, there would be a trial in the Senate,” which is another reason why Republican senators want to preserve an appearance of impartiality and not rush to judgement about allegations of corruption against the sitting president.  

Republicans up for reelection next year include Sen. Mitt Romney (Utah), an outspoken Trump critic, as well as Republicans who have largely stayed quiet about the president, including Sens. Roger Wicker (R-Miss.), Pete Ricketts (R-Neb.) and Deb Fischer (R-Neb.).

None of these incumbents appear vulnerable, but GOP strategists warn that Trump’s support could result in several of them facing credible primary challenges.  

“They could. Some Senate Republicans could face primary pressure over the next year, but they have a lot of time to position themselves on the matter and see how things unfold,” Bonjean said.  

Trump tried to drum up opposition in the last election cycle to Senate Republican Whip John Thune (S.D.) and Sen. Lisa Murkowski (R-Alaska).  

He was more successful in stirring up support for Murkowski's Republican challenger, Kelly Tshibaka, but his efforts to recruit a primary challenge to Thune in South Dakota quickly fizzled. 

Senate Republicans believe they have a good chance to win back the Senate majority in 2024 because Democrats will have to defend 23 seats, while they only have to protect 11 GOP-held seats.  

A tough spot

Ross Baker, a professor of political science at Rutgers University who served several fellowships in the Senate, said Trump’s calls for Republicans to embrace the partisan investigations of Biden’s family puts Republicans facing competitive general-election races next year in a tough spot.  

“These are people who given the political physics of their congressional districts have to play a very exquisite balancing act. The idea that they move to impeach Biden does not play well in those districts,” he said of Republican lawmakers in competitive House districts.  

Baker warned that some Senate Republicans could be in “jeopardy” in primaries next year if Trump decides to launch a full-scale assault against incumbents he views as reluctant allies.  

“Think of people like Roger Wicker, who is someone who is seen as a pretty solid guy who votes the right way but is not an extremist,” Baker said, identifying a senator who might have to watch his right flank. “There are constituencies that will respond to any demand that Trump puts out who will say, ‘I can’t support [a senator] unless he gets on the impeachment bandwagon.’ 

“But I don’t think any Republican who is up for reelection wants to have to do that,” he said.  

Baker said that Senate Republicans up for reelection don’t want to alienate the sizable share of the Republican electorate — which he estimates at about 25 percent of Republican voters — who don’t support Trump and don’t like the idea of GOP candidates embracing his scorched-earth tactics. 

One Senate Republican aide defended the Senate GOP leadership from Trump’s broadsides by pointing out that Sen. Chuck Grassley (R-Iowa), a member of McConnell’s leadership team, played a key role in publicizing an FBI 1023 form that makes reference to unsubstantiated allegations that Biden was involved in a foreign bribery scheme.  

“We’re not in the majority, and we don’t have subpoena power. You see Chuck Grassley and [Sen. Ron] Johnson [R-Wis.] pulling the levers on oversight and whistleblowers,” the aide said.  

The form, which FBI investigators use to catalogue raw, unverified claims by informants, received little attention from other Republican senators.  

A second Senate Republican strategist who requested anonymity argued that Grassley has made important contributions to the House investigations of Biden’s, even if Senate Republican leaders have generally kept their distance.  

“I can’t imagine any House Republican would say that the stuff that Grassley has uncovered in his ongoing efforts is less important than what they’re doing. But I think it’s really a matter of, House Republicans are in the majority and have subpoena power and can do a lot more that Republicans in the Senate can,” the aide said.  

Updated at 7:23 a.m. ET.

McConnell’s health puts focus on shadow race to replace him 

Senate Republican Leader Mitch McConnell’s (R-Ky.) health scare has Republican senators wondering whether the 81-year-old lawmaker will stay in the top job beyond the 2024 election and who might eventually replace him.  

McConnell plans to serve out his current term as leader and has given every indication that he intends to return as Senate GOP leader in the 119th Congress, which starts in January of 2025 — hopefully from his point of view with Republicans in control of the Senate majority.  

Yet Republican senators privately acknowledge that McConnell appears to be frailer since falling and suffering a concussion on March 9, which resulted in him being hospitalized for several days. The accident required rehabilitation at an inpatient facility and kept him away from the Capitol for more than a month.  

McConnell’s health came back into the spotlight Wednesday when he froze midsentence while delivering his opening remarks at the weekly Republican leadership press conference and had to step away from the podium and return to his office for a few minutes to recover.  

He later insisted that he was “fine” and declined to comment specifically about any health problems he may have, leaving GOP colleagues to speculate about how much longer he will serve as leader and who has the inside track to replace him. 

“I think the leadership race is well underway and this accelerates that,” said a Republican senator who requested anonymity to discuss the fallout from McConnell’s health episode before television cameras Wednesday.  

The lawmaker noted that Senate Republican Whip John Thune (R-S.D.) ran the Senate floor this month during the debate and votes on the annual defense authorization bill, with his staff working in close coordination with floor staff to get agreements on amendments and resolve objections.  

“Thune is running the floor, he’s running the [National Defense Authorization Act] negotiations,” the lawmaker said. 

Thune helped get 80 amendments adopted to the defense bill — through the manager's package, roll call votes and voice votes — helping GOP colleagues ring up accomplishments.

The senator said the shadow race to one day replace McConnell has boiled down to Thune, Sen. John Cornyn (Texas), who previously served as Senate GOP whip, and Senate Republican Conference Chairman John Barrasso (Wyo.).  

“Cornyn has been very solicitous” about raising money for Republican senators who are up for reelection next year, showcasing his fundraising ability, which has been one of McConnell’s greatest strengths as leader, the senator said.  

Cornyn’s joint fundraising committee, the Cornyn Victory Committee, has raised $4.12 million for Senate GOP incumbents, future Senate GOP nominees and the National Republican Senatorial Committee (NRSC) through the first six months of this year.  

Cornyn raised a total of $20 million for Senate Republican candidates in the 2022 election cycle, more than any other Republican senator with the exception of McConnell and then-NRSC Chairman Rick Scott (R-Fla.).  

“We hope to exceed that,” Cornyn said of what he plans to do for the 2024 election compared to the $20 million he raised for candidates in the 2022 election cycle. 

“Historically, I used to just raise money for the senatorial committee and let them spend it the way they saw fit, but I found that colleagues appreciate the [direct] help,” he said. “It saves them their wear and tear and a little time so they can hopefully maximize their fundraising elsewhere.” 

McConnell continues to be a major force in fundraising and any successor would have big shoes to fill in that area. 

Two outside groups aligned with McConnell, the Senate Leadership Fund and One Nation, raised a combined $38 million during the first six months of 2023, setting a record for the first half of a nonelection year. 

Republican senators say they view Thune, who is 62, and Cornyn, 71, as the front-runners to become the next Senate GOP leader.  

“I think those will be the two that run for leader when that happens,” said a second Republican senator who requested anonymity to discuss the brewing succession battle.

The senator said “Cornyn’s been raising money for people for years” and has built a solid record as a major GOP fundraiser while pointing out it’s Thune’s “job” as whip to be managing the daily developments on the Senate floor.  

“I’m glad that he stepped up” during the floor consideration of the defense bill, the senator said, which came close to derailing because of an ongoing dispute over the Pentagon’s policy of paying for servicemembers to travel to obtain abortions.  

The senator said neither Thune nor Cornyn have said anything about running for McConnell’s job. But their ambitions to move up to the top job are an open secret.  

“The leadership is interesting times,” the senator remarked, noting that Thune and Cornyn “can’t discuss” their plans because it would be “rude” while McConnell is in the job.

Senators say Barrasso, 71, can’t be ruled out of the mix because he plays an important role as GOP conference chairman in pushing messaging strategy and could run as a more conservative alternative to Thune and Cornyn in a three-way race.

Barrasso, for example, voted against this year’s debt limit deal between Speaker Kevin McCarthy (R-Calif.) and President Biden, which other members of the Senate GOP leadership supported. 

Former NRSC Chairman Rick Scott (R-Fla.), who is up for reelection next year, hasn’t ruled out another run for Senate Republican leader.  

He challenged McConnell in November in what became an intense and sometimes acrimonious debate over the future of the GOP conference before losing by a vote of 36-10. 

A Senate Republican aide said Cornyn has had to be more aggressive in angling for a future opening for Senate leader because he does not currently hold a position in the elected leadership. He had to step down as whip because of term limits in January of 2019.

“Thune and Cornyn are the two names that have been in the mix the most because they have both been whip, and everybody knows that Cornyn wants the [leader’s] job more than anything,” the aide said.  

Cornyn has held regular lunches and coffees with fellow Republican senators to help maintain his relationships with colleagues.  

He has kept ties with the conservative wing of the GOP conference by regularly attending Monday evening meetings of the Senate Republican Steering Committee. 

Thune and Cornyn have both publicly expressed interest in becoming leader in the future but have also made clear that the job is McConnell’s for as long as he wants it.  

Thune earlier this year waved off a question about running for Senate Republican leader as putting “the cart before the horse.”  

He stepped in to handle some of McConnell’s responsibilities, such as leading the weekly leadership press conference, while McConnell underwent rehabilitation after his fall.

Likewise, Cornyn this week insisted to reporters that he isn’t actively running to become the next leader. 

“There’s no vacancies,” he said. “And those [leadership] elections won’t be until November 2024. So I guess the short answer is there’s nothing to prepare for.”  

Barrasso has only said he would like to continue serving the Senate GOP conference in whatever way is most helpful to his colleagues.  

The Wyoming doctor was in the spotlight himself Wednesday because he came to McConnell’s aid after he froze in the middle of delivering his opening remarks at the press conference.  

Barrasso acknowledged to reporters immediately afterward that he was “concerned” about McConnell’s health since his accident in March but hastened to emphasize “he’s made a remarkable recovery” and is “doing a great job leading our conference.” 

Some Republican senators downplayed the incident, which McConnell’s office attributed to the leader feeling “lightheaded,” as a blip that doesn’t affect his ability to lead the conference.  

“Naturally, anytime it happens I think you’re concerned, but in terms of his capabilities and ability to lead, no, I’m not worried about his ability to lead,” said Sen. Mike Rounds (R-S.D.).  

A third Republican senator who requested anonymity, however, said that some GOP senators feel they aren’t getting the full story about McConnell’s health, which is in turn fueling speculation about how much longer he will remain leader. 

“No one says what’s wrong with him,” the senator said. “I think there ought to be more transparency here.”  

Al Weaver contributed.  

--Updated at 8:00 a.m.

Scary moment for McConnell raises questions for GOP

Minority Leader Mitch McConnell (R-Ky.) is helped by Senators and staff after McConnell unexpectedly pauses while speaking to reporters after the weekly policy luncheon on Wednesday, July 26, 2023. (Greg Nash)

Senate Republican Leader Mitch McConnell (R-Ky.) froze in front of television cameras for about 20 seconds Wednesday as he battled a bout of lightheadedness that forced him to walk away briefly from a press conference.

The scary moment, which prompted members of his leadership team to suggest that he take a rest, raises new questions about the 81-year-old Republican leader’s future.  

“Are you good, Mitch?” asked Senate Republican Policy Committee Chairwoman Joni Ernst (Iowa), putting her hand on the back of his arm.  

Senate Republican Conference Chairman John Barrasso (Wyo.), who is a doctor, ushered McConnell away from the podium after the leader was unable to get more than a couple of sentences into his opening statement.  

“Let’s go back to your office,” Barrasso suggested. “Do you want to say anything else to the press? Let’s go back.”  

Barrasso later revealed that he walked “down the hall” with McConnell toward his office after they both walked away from the podium and that the leader didn’t say anything to him to indicate distress.  

An aide to McConnell later said, “He felt lightheaded and stepped away for a moment.” The aide pointed out that McConnell “was sharp” in answering reporters’ questions after he returned to the event.  

McConnell’s term runs through the end of 2026, and he previously said that he expects to stay on as leader.  

Senate Republican Conference Vice Chairwoman Shelley Moore Capito (W.Va.) told reporters after the troubling moment in front of the cameras that McConnell should stay in his leadership role.  

“And hopefully he gets a good rest over the [August] break,” she said. 


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McConnell has helped recruit top-flight Republican candidates in West Virginia and Montana to maximize the chances of reclaiming his old title of Senate majority leader in January 2025.  

And two outside fundraising groups aligned with McConnell, the Senate Leadership Fund and One Nation, this week reported record-breaking fundraising hauls over the first six months of a nonelection year.  

The groups raised a combined $38 million, with the Senate Leadership Fund collecting $10.1 million and One Nation bringing in $28.2 million. 

But Senate Republican colleagues say McConnell seems to be still suffering the effects of a nasty spill he took in early March, which sent him to the hospital with a concussion and led to weeks of rehabilitation.  

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One Republican senator who requested anonymity to discuss McConnell’s health observed that the GOP leader has been more reticent at Republican lunch meetings. The lawmaker speculated that McConnell may be having troubling hearing the conversations at the lunch, just as he sometimes has trouble hearing reporters’ questions at press conferences. 

A second Republican senator said McConnell does not appear fully recovered from his fall. 

“I love Mitch McConnell, he is one of the most strategic political thinkers that we have. I have such admiration and respect for him but I do fear that — you can call it low energy — he is not himself,” the lawmaker said. 

Sen. Chuck Grassley (R-Iowa), who is the oldest member of the Senate GOP conference at age 89, said he planned to call McConnell’s office to check up on his health.  

“If I want to know what went wrong, yes,” he said.  

FILE - Sen. Chuck Grassley, R-Iowa, testifies during a House Judiciary subcommittee hearing on Capitol Hill, Thursday, Feb. 9, 2023, in Washington. A U.S. Senate committee has accused the embattled Swiss bank Credit Suisse of limiting the scope of an internal probe into Nazi clients and Nazi-linked accounts. (AP Photo/Carolyn Kaster, File)

McConnell waved aside questions about his health when he returned to the podium Wednesday afternoon. 

Asked at Wednesday’s press conference why he was unable to complete his statement and whether it was related to the concussion, McConnell responded: “No, I’m fine.”  

“You’re fine, you’re fully able to do your job?” the reporter pressed. 

“Yeah,” McConnell answered.  

McConnell returned to the press conference in time to take the first question from reporters, as he usually does after the weekly Senate Republican policy lunch.  

He made a point of staying at the podium longer than usual to answer questions and appeared calm and confident while providing detailed answers.  

Minority Leader Mitch McConnell (R-Ky.)

Minority Leader Mitch McConnell (R-Ky.) addresses reporters after the weekly policy luncheon on Wednesday, July 26, 2023. (Greg Nash)

When a reporter asked Wednesday if he had “anybody in mind” to replace him when he’s “no longer” the Republican leader, McConnell smiled and walked back to his office while members of his leadership team laughed it off.  

Republican senators and aides predict that if McConnell steps down from his leadership job, there would be a three-way race among Senate Republican Whip John Thune (S.D.), Barrasso and Sen. John Cornyn (R-Texas), the former Senate GOP whip and a current adviser to the Senate GOP leadership team, to replace him.  

Thune and Cornyn, who have both expressed interest in becoming the Senate GOP leader sometime in the future, say the job belongs to McConnell as long as he wants it.

Sen. Rick Scott (R-Fla.), the former chairman of the National Republican Senatorial Committee who challenged McConnell unsuccessfully in November, hasn’t ruled out making another run for Senate Republican leader.

McConnell defeated Scott 37-10 in an acrimonious race in which both candidates traded blame for the disappointing results of the 2022 midterm election. 

Barrasso said after the press conference that he was “concerned” about McConnell’s health but pointed out that he led the lunch meeting earlier in the day and appeared in good shape while answering questions from the press.  

“I was concerned since … he was injured a number of months ago, and I continue to be concerned,” he told a crowd of reporters who pressed him for details about McConnell’s condition.

“I was concerned when he fell and hit his head a number of months ago and was hospitalized, and I think he’s made a remarkable recovery. He’s doing a great job leading our conference and was able to answer every question that the press asked today,” he said.  

Barrasso said McConnell didn’t show any signs of impairment at the conference lunch meeting. 

“He spoke at lunch, carried on, led the discussion. Everything was fine,” he said.  

Al Weaver contributed.

Senate Republicans see Biden impeachment as fraught with risk

Senate Republicans see impeaching President Biden ahead of the 2024 election as a risky political strategy that could turn off moderate voters and are hoping to wave their House GOP colleagues off from marching down that road.

GOP senators say the party is better off focused on how to improve Americans’ lives in the future instead of fighting messy battles to settle past political scores. 

“Staying focused on the future and not the past is in my view the best way to change the direction of the country and that’s to win an election,” Senate Republican Whip John Thune (S.D.) told reporters Tuesday.  

Senate Republican Policy Committee Chairwoman Joni Ernst (R-Iowa) said Tuesday she would prefer to focus on national security policy, which the Senate is debating this week as it wraps up work on the National Defense Authorization Act (NDAA).  

“I’m really focused on NDAA right now. I really want to see it get done and I want a bipartisan deal between the House and the Senate. I think that’s what we’re focused on,” Ernst told reporters. “We need to get our [appropriations] bills done, too. So, that’s what we’re going to focus on in the Senate.” 

Speaker Kevin McCarthy (R-Calif.) on Tuesday strongly signaled to reporters that the House could move forward with an impeachment inquiry.

“How do you get to the bottom of the truth? The only way Congress can do that is go to an impeachment inquiry,” McCarthy told reporters Tuesday. “What an impeachment inquiry does, it gives us the apex of the power of Congress for Republicans and Democrats to gather the information that they need.”

However, McCarthy later said no decision had been made, raising doubts about whether he’d move forward with the step.

“I wasn’t announcing it,” he said. “I simply say … that the actions that I'm seeing by this administration, with holding the agencies from being able to work with us — that would rise to the level of an impeachment inquiry. We … still have a number of investigations going forward.”

Senate Republican Leader Mitch McConnell (Ky.) declined to comment on McCarthy's impeachment push when asked about it on his way to the Senate floor. 

Senate Republicans have generally kept their distance from the House Republican-led investigations into the Biden family’s business dealings and earlier this summer dismissed what they saw as a hastily filed motion by Rep. Lauren Boebert (R-Colo.) to impeach Biden for lacking evidence and due process.  

“I know people are angry. I’m angry at the Biden administration for their policies at the border and a whole host of other things, but I think we also need to look at what’s achievable,” Sen. John Cornyn (R-Texas) said last month in response to Boebert’s impeachment resolution.  

“And with a Democratic majority in the Senate, I don’t think that’s achievable,” he warned.  

Cornyn on Tuesday remarked that the House standards for impeaching a president have dropped in recent years. 

House Democrats impeached former President Trump in December of 2019 and then again in January of 2021.

He told reporters that impeaching presidents is getting to be "a habit around here," and that's not a good thing.

“Unfortunately, what goes around, comes around,” he said. 

Remembering when it backfired 

Senate Republicans remember the last time a Republican-controlled House impeached a Democratic president in the fall of 1998, it backfired on their party in that year’s midterm election.   

Democrats picked up five House seats that year, marking the first time in 64 years the president’s party didn’t lose any seats in Congress during a midterm election.   

Sen. Mitt Romney (R-Utah), who voted twice to convict Trump on impeachment charges during two separate Senate trials, said it’s not unusual for lawmakers to launch baseless attacks against a major party’s nominee for president, as happened to him in 2012.   

Romney said Biden should open up about his family’s business dealings to reassure the public.  


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“There are all sorts of accusations and allegations. I had something of that nature launched against me when I was running for president. I found the best way to respond was full disclosure and transparency. My guess is that’s the way to make it go away,” he said. “I’ll expect to see that from the Biden team.   

Romney reminded his House colleagues that the “bar” for impeachment is “high crimes and misdemeanors.”  

“That hasn’t been alleged at this stage, but we’ll see what develops. I certainly hope that that’s not going to confront us again,” he said.   

Cornyn warned Tuesday that further lowering the bar for impeachment will set a precedent for future Congresses.   

“Once a precedent is established around here, you can pretty well guarantee people will cite that as justification or lower the bar further. I don’t think it’s a healthy thing,” he said.   

Even so, Cornyn acknowledged that House investigators have uncovered some troubling evidence shedding light on Hunter Biden’s business dealings.  

“I’m very disturbed by some of the revelations in the House about the Biden family business,” he said.   

Not eager for battle 

GOP senators are not eager to get drawn into a protracted battle with Democrats over an impeachment trial that may wind up dividing their conference if House investigators fail to come up with compelling evidence of high crimes and misdemeanors, the standard set by the Constitution.  

Investigations by the House Oversight, Judiciary and Ways and Means Committees into Hunter Biden’s business dealings and whether he received favorable treatment from the Department of Justice have failed to gain much public traction, or even support from Senate Republicans on the other side of the Capitol.  

Trump on Monday vented his frustration with Senate Republicans for not showing much interest in pursuing Biden.  

“Why hasn’t Republican ‘leadership’ in the Senate spoken up and rebuked Crooked Joe Biden and the Radical Left Democrats, Fascists, and Marxists for their criminal acts against our Country, some of them against me. How long does America have to wait for the Senate to ACT?” Trump demanded in a post to his social media site, Truth Social. 

National Republican Senatorial Committee Chairman Steve Daines (Mont.) told reporters Tuesday that it’s the job of the House, not the Senate, to investigate Biden.  

“It will be up to the House to determine what the facts lead them to vote on in the future. That’s their job,” he said.  

Some Republican senators, however, argued Tuesday that House Republicans are justified in moving forward with an impeachment inquiry. 

“Considering what the House Oversight Committee is unearthing — we can’t help that the FBI didn’t do their job for five years — now they’re finding all this information out. They’re still digging and appropriately so,” said Sen. Kevin Cramer (R-N.D.), who asserted that House investigators have found “pretty strong evidence of serious crimes.” 

“Whether we like it or not, we may have to deal with it,” he said. “I think the Speaker is doing what he needs to do and what’s appropriate to do, quite honestly.” 

Asked about his Senate Republican colleagues’ reluctance to wade into another impeachment fight, Cramer said: “I’m not eager to get on an airplane every Monday morning.” 

“We don’t do this for our own convenience, we do this because we pledge an oath and we have a president who clearly has over the years been running a really awful family crime syndicate,” he said. “We’ve got to look into it.” 

He said when Democrats controlled the House during the Trump administration, “We impeached the president twice with no evidence in the kangaroo court.” 

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."  

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. 

GOP senators rattled by radical conservative populism

Republican senators say they’re worried that conservative populism, though always a part of the GOP, is beginning to take over the party, becoming more radical and threatening to cause them significant political problems heading into the 2024 election.  

GOP senators are saying they’re being increasingly confronted by constituents who buy into discredited conspiracy theories such as the claim that Democrats stole the 2020 presidential election or that federal agents incited the Jan. 6, 2021, attack on the U.S. Capitol.  

Growing distrust with government institutions, from the FBI, CIA and Department of Justice to the Centers for Disease Control and National Institutes of Health, make it more difficult for Republican lawmakers to govern. 

Republican senators believe their party has a good chance to take back control of the White House and Senate, given President Biden’s low approval ratings and the favorable map of Senate seats up for reelection, but they regularly face political headaches caused by populist members of their party who say the rest of the GOP is out of step with mainstream America. 

“We should be concerned about this as Republicans. I’m having more ‘rational Republicans’ coming up to me and saying, ‘I just don’t know how long I can stay in this party,’” said Sen. Lisa Murkowski (R-Alaska). “Now our party is becoming known as a group of kind of extremist, populist over-the-top [people] where no one is taking us seriously anymore. 

FILE - Sen. Lisa Murkowski, R-Alaska, asks a question during a Senate Appropriations Subcommittee in Washington. (AP Photo/Mariam Zuhaib, File)

“You have people who felt some allegiance to the party that are now really questioning, ‘Why am I [in the party?]” she added. “I think it’s going to get even more interesting as we move closer to the elections and we start going through some of these primary debates. 

“Is it going to be a situation of who can be more outlandish than the other?” she asked.  

Some Senate Republicans worry the populist winds are downgrading their chances of picking up seats in 2024.

“There are an astonishing number of people in my state who believe the election was stolen,” said one Republican senator who requested anonymity to talk about the growing popularity of conservative conspiracy theories at home.  

As an example, some Republicans point to Arizona, where Sen. Kyrsten Sinema (Ariz.), an independent who left the Democratic Party last year, is up for reelection.

Sinema is likely to face a challenge from the left in the likely Democratic nominee Rep. Ruben Gallego (Ariz.) as well as a GOP nominee. If that nominee is former TV anchor Kari Lake, who has embraced conspiracy theories about elections and lost a gubernatorial race last year, many in the GOP think they’re in trouble.

One senior Senate Republican strategist, assessing the race, lamented that “the Republican Party in Arizona is a mess.” 

Republican senators say they are alarmed at how many Republicans, including those with higher levels of education and income, buy the unsubstantiated claims that the last presidential election was stolen.  

A second Republican senator who spoke with The Hill said the growing strength of radical populism “makes it a lot more difficult to govern, it makes it difficult to talk to constituents.” 

“There are people who surprise me — I’m surprised they have those views. It’s amazing to me the number of people, the kind of people who think the election was stolen,” the lawmaker said. “I don’t want to use this word but it’s not just a ‘red-neck’ thing. It’s people in business, the president of a bank, a doctor.”  

The lawmaker, who requested anonymity to discuss the political challenge posted by surging conservative populism, accused some fellow Republicans of trying to exploit voter discontent to gain local or national prominence.  

“In my state there are a lot of folks who see Washington as disconnected, they see their way of life threatened. There’s something that generates discontent that elected officials take advantage of,” the senator said.  

Tuberville’s controversies

Some of the biggest populist-linked headaches recently have come from Alabama Sen. Tommy Tuberville (R), a staunch ally of former President Trump who is now holding up more than 260 nonpolitical military promotions to protest the Defense Department’s abortion policy.  

Tuberville caused an uproar early last week by defending the idea of letting white nationalists serve in the military and disputing the idea that white nationalism is an inherently racist ideology.  

Tuberville later reversed himself after Senate Republican colleagues ranging from Senate Republican Leader Mitch McConnell (R-Ky.) to Sen. Lindsey Graham (R-S.C.) and Marco Rubio (R-Fla.) forcefully denounced white supremacy and white nationalism.  

GOP senators also have to regularly distance themselves from the radical proposals of populist conservatives in the House, such as House Judiciary Committee Chairman Jim Jordan (R-Ohio), who earlier this year proposed cutting Department of Justice and FBI funding in response to federal investigations of Trump.   


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Senate Republican Whip John Thune (S.D.) pushed back on calls to defund the Justice Department, telling reporters: “Are we going to get rid of the Justice Department? No. I think defunding is a really bad idea.” 

Thune later explained to The Hill: “There are seasons, swings back and forth in politics and we’re in one now where the dominant political thinking is more populist with respect to national security, foreign policy, some domestic issues.” 

But he said “that stuff comes and goes and it’s built around personalities,” alluding to the broadly held view that Trump’s election to the presidency in 2016 and his lasting influence over the party has put his brand of populism at the forefront.  

Sen. John Cornyn (R-Texas), an advisor to the Senate Republican leadership, said bread-and-butter conservative economic ideas still resonated with voters, but he acknowledged “the cable news shows” continue to keep attention on themes that Trump likes to emphasize, such as election fraud and the “deep-state” control of the federal government.  

“So there are some people paying attention to that but most people are trying to just get on with their lives,” he said. “There’s a lot of distrust of Washington, and who can blame people.” 

“It concerns me that people lose faith in their institutions, but this has been a long story throughout our history. It’s nothing new although it’s troubling,” he said. 

Waving off impeachment

Senate Republicans tried to wave off their House colleagues from advancing articles of impeachment authored by Rep. Lauren Boebert (R-Colo.) against President Biden and rolled their eyes at Rep. Marjorie Taylor Greene’s (R-Ga.) attempt to expunge Trump’s impeachment record.  

Sen. Todd Young (R-Ind.) warned, “I fear that snap impeachments will become the norm, and they mustn't.” 

Asked about efforts to erase Trump’s impeachment record, Sen. Mitt Romney (R-Utah) quoted the popular show “Succession”: “Logan Roy made a good point. These are not serious people.”

Romney, who was the GOP nominee for president in 2012 before Trump took over the party four years later, last year called Greene and Rep. Paul Gosar (R-Ariz.) “morons” for speaking at a white nationalist event in Florida. 

Asked this week about Tuberville’s defense of white nationalism and how it reflected on the GOP, Romney said: “Our party has lots of problems, add that to the list.”  

The party of Reagan has transformed into the party of Trump, and to the dismay of some veteran Republican lawmakers, it doesn’t look like it’s going back to what it was anytime soon.  

One ascendent young conservative leader, Sen. Josh Hawley (R-Mo.), who supported objecting to certifying Biden’s victory on Jan. 6, 2021, thinks the Republican Party’s embrace of populism is more than a passing fad.  

He says the new era of politics is more than a battle between Trump allies and Trump haters, or even between Republicans and Democrats. 

Speaking at the National Conservatism Conference two years ago, he declared: “We have been governed by a political consensus forged by a political class that has lost touch with what binds us together as Americans. And it has lost sight of the basic requirements of liberty.” 

“The great divide of our time is not between Trump supporters and Trump opponents, or between suburban voters and rural ones, or between Red America and Blue America,” he said. “No, the great divide of our time is between the political agenda of the leadership elite and the great and broad middle of our society. And to answer the discontent of our time, we must end that divide.”  

Republicans rage over Hunter Biden — with some notable exceptions

Republican lawmakers are venting their frustration over what they say is an overly lenient plea agreement between Hunter Biden and federal prosecutors, further escalating GOP tensions with the Justice Department.   

Speaker Kevin McCarthy (R-Calif.) on Tuesday led the backlash from Republican lawmakers.   

“It continues to show the two-tier system in America,” McCarthy told reporters, echoing the arguments Republicans deployed after the Justice Department earlier this month unsealed a 37-count indictment against former President Trump.  

“If you are the president’s leading political opponent, the DOJ tries to literally put you in jail and give you prison time. But if you are the president’s son, you get a sweetheart deal,” McCarthy said.   

Biden agreed to plead guilty to misdemeanors for failing to pay income taxes in 2017 and 2018. He also agreed to enter a pretrial diversion program for possessing a firearm while being an unlawful user or addicted to a controlled substance.   

The plea deal, however, divided Republican leaders, just as Trump’s indictment drew mixed responses from GOP lawmakers last week.   

Senate Republican Leader Mitch McConnell (R-Ky.) declined to comment about Biden’s legal problems as he walked to the Senate floor Tuesday afternoon.   

His opening remarks on the floor made no mention of the president’s son and focused instead on what he called “the Biden administration’s radical nominees” and Secretary of State Antony Blinken’s trip to Beijing.   

Senate Republican Whip John Thune (S.D.) also held back from lashing out at the Justice Department, pointing out that the U.S. attorney who cut the deal was a Trump appointee.   

“The justice system, I guess, has got to work its way out. He’s going to plead to a couple tax evasion charges and a gun charge. I don’t know that this is necessarily the end of the road for him, probably not. At least the preliminary stage of it is done,” Thune told reporters.  

Asked about Republican criticisms of a two-tiered system and a sweetheart deal, Thune said: “I don’t know what else they got on him, but I do think the American people have to be convinced that the justice system treats everybody equally under the law.”  

“This was a — my understanding is at least — Trump-appointed U.S. attorney. So we’ll see where it goes from here,” he added.   

Sen. Lisa Murkowski (R-Alaska) wasn’t in the mood Tuesday to delve into the political wrangling over Hunter Biden’s plea deal.  

“I don’t have any reaction, ask me about something else,” she said. 

On the other side of the Capitol, House Oversight Committee Chairman James Comer (R-Ky.) echoed McCarthy’s claim of a “two-tiered system of justice.”   

“Hunter Biden is getting away with a slap on the wrist when growing evidence uncovered by the House Oversight Committee reveals the Bidens engaged in a pattern of corruption, influence peddling, and possibly bribery,” he said.    

Republican lawmakers for months have pushed allegations based on anonymous sources that Biden received preferential treatment from the Internal Revenue Service and was involved in a bribery scheme with a Ukrainian energy company.   

But those thinly sourced claims were left unaddressed by a document outlining the plea agreement that U.S. Attorney David Weiss, a Trump appointee, filed with the U.S. district court in Wilmington, Del.  

Comer vowed to continue his investigation, pledging: “We will not rest until the full extent of President Biden’s involvement in the family’s schemes are revealed.”  

The Republican National Committee on Tuesday tweeted out a video clip of one of Hunter Biden’s attorneys telling MSNBC he didn’t remember prosecutors ever asking about Biden’s infamous laptop.   

Sen. Chuck Grassley (R-Iowa), a senior member of the Senate Judiciary Committee, who has highlighted unverified allegations by an anonymous foreign national that the Bidens were involved in a bribery scheme, pointed out that Weiss, the U.S. attorney, said his investigation of Hunter Biden is ongoing.   

Asked if he expected additional charges, Grassley said: “All I know is what Weiss said, the case is still open.”   

“Today’s plea deal cannot be the final word given the significant body of evidence that the FBI and Justice Department has at its disposal. It certainly won’t be for me,” he said in a statement released earlier Tuesday.  

He said he and Sen. Ron Johnson (R-Wis.) sent material, including bank records, to the U.S. attorney, and it "doesn’t look to me like Weiss gave much credit to it with this very weak result that was announced today.”  

Johnson, who has worked closely with Grassley, said “it stinks to high heaven.”  

“The fact that they have now an IRS whistleblower coming forward and saying that the entire IRS investigatory team almost in unprecedented fashion was pulled off the case [and it] sounds like there’s allegations that they on purpose they allowed the statute of limitations to expire on more serious charges — there’s so many things that I would want investigated in terms of Hunter Biden,” he said.

Other Republican senators joined in the attacks on the Justice Department.   

Sen. Rick Scott (R-Fla.) called the plea deal “a slap on the wrist.”   

“This doesn’t show equal justice. It’s a mockery of our legal system by a family that has no respect for our laws,” he said.  

National Republican Senatorial Committee Chairman Steve Daines (R-Mont.), who has endorsed Trump’s 2024 presidential campaign, called it “nothing more than a wrist slap from his dad’s DOJ.”  

Sen. Mike Lee (R-Utah) called the deal “troubling.”   

Lee retweeted criticisms of the agreement circulated by Brett Tolman, the executive director of Right On Crime, a conservative advocacy group, who said pretrial diversion programs normally exclude offenses involving the brandishing a firearm.  

Many Senate and House Republicans lashed out against Attorney General Merrick Garland and special counsel Jack Smith last week after the Justice Department charged Trump with violations of the Espionage Act and conspiring to obstruct justice.  

They also argued the lack of charges against President Biden, who kept classified documents from his service in the Senate and vice president in the Obama administration, showed the federal prosecution of Trump was motivated by politics.   

“So Hunter Biden gets a special plea deal, slap on the wrist — probably won’t do a day of time — while DOJ charges Trump as a spy and tries to put him in prison forever. Two standards of ‘justice,’” Sen. Josh Hawley (R-Mo.) tweeted in response to the deal.   

One Senate Republican aide said Hunter Biden appeared to get a fairly lenient deal from the Justice Department but pointed out he cooperated with prosecutors, in contrast to Trump.

“Of course, Hunter got off easy, but he cooperated, unlike Trump,” the aide said, noting the special counsel’s indictment against the former president alleges Trump deliberately misled his lawyer about cooperating with a grand jury subpoena.   

Democrats on Tuesday argued the charges against Biden, coming just a week after the prosecutors unsealed the indictment of Trump, shows the Justice Department is applying the law fairly.   

“Neither Hunter Biden nor Donald Trump are above the law. They’re both held responsible and are going to go through the process. Joe Biden’s son just did, just completed it,” said Senate Judiciary Committee Chairman Dick Durbin (D-Ill.). 

Emily Brooks and Al Weaver contributed.

GOP fears Trump legal woes will boomerang on them 

Senate Republicans are worried former President Trump’s legal troubles will create a major headwind for GOP candidates in 2024.  

They say the battle between the Justice Department and Trump, who pleaded not guilty Tuesday to charges that he violated the Espionage Act and obstructed justice with his handling of classified documents, will become a primary litmus test — just as his unsubstantiated claims that the 2020 election was stolen became a prominent point of debate in last year’s GOP primaries.  

They also worry Trump’s dominance of the media spotlight will turn off swing voters — especially suburban women — and hurt their chances of taking back the Senate or protecting their small House majority.

Sen. Mike Rounds (R-S.D.), who has endorsed Sen. Tim Scott (R-S.C.) for president, told reporters on Tuesday there’s “no question” the “serious” allegations against Trump will hurt the GOP if he is the nominee.  

Rounds said voters will ultimately decide whether the charges disqualify Trump from holding office, but he predicted they will create a headwind.

“Voters are going to make that determination, but most certainly for a lot of us as you look at that, it’s not going to help,” he said. “This is not good for our party, clearly not good for our party.”

Senate Republican Whip John Thune (S.D.) also warned Republicans will pay the price if Trump and his various legal battles dominate the political debate next year. 

“I think if you look at the record, in ’18, ’20, and ’22, when he’s the issue, we lose,” Thune said, referring to Republicans’ loss of the House in the 2018 midterm election, their loss of the White House and Senate in the 2020 election and Senate Republicans’ failure to take back the upper chamber in 2022.  

“I would rather have the issue be Biden and his policies. I think the way that you do that is you have a different nominee,” said Thune, who has also endorsed Scott for president.

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

Sen. John Thune (R-S.D.) speaks during the weekly press conference following the Republican luncheon at the Capitol on Tuesday, June 13, 2023.

Asked whether he was worried the indictment could drag down the party in 2024, Thune replied: “I’m worried obviously about the Senate races.” 

“There’s no question the political environment affects that, and the top of the ticket is part of the political environment,” he said.  

Thune acknowledged the legal battle could help Trump in a primary, but he argued it would hurt the GOP at large in a general election.

“Everybody says, ‘Well, it gives him a political bump,’ and all that, and that may be true with the political base but, again, the people who decide national elections are the middle of the electorate. It’s the soccer moms, it’s the suburban voters, it’s younger voters, and I just think we’ve got a candidate who can appeal to those,” he said.  

“A lot of the drama and the chaos that seems to be happening with an ongoing basis [with Trump] makes it harder to win those types of voters,” Thune observed.


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Senate Minority Leader Mitch McConnell (R-Ky.) told reporters after last year’s disappointing midterm election that the “chaos” and “negativity” surrounding Trump hurt Senate GOP candidates, though he didn’t mention Trump by name.

On Tuesday, however, McConnell declined to go anywhere near Trump’s legal troubles when asked whether he would support the former president if he wins the party’s nomination. 

“I’m just simply not going to comment on the candidates,” he said when asked about supporting Trump, noting the Republican presidential primary has been playing out for the past six months and will last for another year. 

Asked about the indictment itself and whether Trump did anything wrong, McConnell replied: “I’m not going to start commenting on the various candidates we have running for president. There are a lot of them; it’s going to be interesting to watch.” 

McConnell’s caution reflects in part the fact many GOP senators and Senate Republican candidates remain ardent fans of the former president.  

Sen. Tommy Tuberville (R-Ala.) missed an important vote Tuesday on Biden’s nominee to serve as chairman of the Council of Economic Advisers; he was headed to Trump’s New Jersey golf club to attend a Trump rally.

Also on Tuesday, first-term Sen. JD Vance (R-Ohio) announced he would put a hold on Biden’s nominees to the Justice Department to protest the federal prosecution of Trump.  

“If Merrick Garland wants to use these officials to harass Joe Biden’s political opponents, we will grind his department to a halt,” Vance said in a statement. 

Sen. J.D. Vance (R-Ohio)

Sen. J.D. Vance (R-Ohio) asks questions during a Senate Banking Committee hearing on Tuesday, May 16, 2023 to discuss the collapse of Silicon Valley Bank and Signature Bank in March.

Vance’s hold will require Senate Majority Leader Chuck Schumer (D-N.Y.) to go through the time-consuming process of scheduling votes on individual nominees.

Sen. Josh Hawley (R-Mo.) told reporters Tuesday that the Justice Department’s indictment will have a “galvanizing effect” on Republican voters and predicted Trump, who has a big lead in national and key primary state polls, will be the party’s nominee.  

“I think voters see [the indictment] for what it is. It is politically motivated, clearly,” he said.

He noted that Trump has already faced two impeachment trials and multiple accusations over the years, including his recent indictment on 34 felony charges by the Manhattan district attorney and a jury’s decision to award author E. Jean Carroll $5 million in damages after finding the former president liable for sexual abuse and defamation.  

“There’s always a lot of a lot around President Trump,” he said.  

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He disagreed with Senate Republican colleagues who blame Trump for the failure to win back the majority last year.  

“If Senate Republicans want to blame somebody for that, we should go get a mirror,” he said.

A June 7-10 CBS/YouGov poll of 2,480 adults showed Trump leading his nearest rival, Florida Gov. Ron DeSantis, by 38 percentage points. The survey recontacted 1,798 respondents after the federal indictment was unsealed. 

Senate GOP leaders break with House on Trump indictment  

Editor's note: This report has been updated to clarify that the indictment accuses former President Trump of showing a classified document about attacking Iran to a writer without security clearance.

Senate Republican leaders, including Sen. Mitch McConnell (R-Ky.), are staying quiet about former President Trump’s indictment on 37 criminal charges, letting him twist in the wind and breaking with House Republican leaders who have rushed to Trump’s defense.   

McConnell, who is careful not to comment on Trump or even repeat his name in public, has said to his GOP colleagues that he wants his party to turn the page on the former president, whom he sees as a flawed general election candidate and a drag on Senate Republican candidates.    

The Senate GOP leader’s top deputies — Senate Republican Whip John Thune (S.D.) and Sen. John Cornyn (R-Texas) — have also indicated they don’t want Trump to win the party’s 2024 presidential nomination.   

They, along with McConnell, are letting Trump’s legal troubles unfold without coming to the former president’s defense, in contrast to Speaker Kevin McCarthy (R-Calif.) and House Majority Leader Steve Scalise (R-La.), who both issued statements Thursday criticizing the Justice Department before the indictment was unsealed to the public.   

“They want him to go away, so they wouldn’t be very upset if this is the thing that finally takes him out,” a former Senate Republican aide said about the Senate Republican leaders’ silence on Trump’s indictment.  

Republican senators were more outspoken in defending Trump in April, after liberal Manhattan District Attorney Alvin Bragg unveiled an indictment charging him with 34 felony counts related to business records fraud.   

Even Senate Majority Leader Chuck Schumer (D-N.Y.) declined to express confidence in Bragg when asked about him in late March.  

Special prosecutor Jack Smith, whom Attorney General Merrick Garland tapped in November to investigate Trump, has more credibility among Republicans.   

“Jack Smith is very credible,” said the former Senate GOP aide.  

“There is the reflection that he may have actually found finally the silver bullet” to end Trump’s political career, the former aide said, noting that Smith has a tape of Trump acknowledging that he had retained classified documents after leaving office that he didn’t declassify while president.   

A Senate Republican aide said the indictment is “pretty damning.”  

“The documents that he did have, and who he was showing them to and where he was storing them, is all pretty damning,” the aide said. “I don’t know if it will make a difference in the political landscape, but it certainly seems pretty bad.”  

The indictment accuses Trump of showing a classified document laying out the military strategy for an attack against Iran to a writer who didn’t have security clearance.   

The former president also showed a sensitive military map to a staffer for his political action committee.  

Photos included in the indictment showed that Trump haphazardly stashed boxes of sensitive materials around his residence at the Mar-a-Lago resort in Florida, including in a ballroom, a bathroom, a shower, office space and his bedroom.  

One photo showed documents scattered across the floor of a storage room.   

Nevertheless, House Republican leaders are speaking out forcefully against the indictment.   

“This is going to disrupt the nation because it goes to the core of equal justice for all, which is not being seen today. And we’re not going to stand for it,” McCarthy told Fox News in an interview Friday.  

Scalise tweeted Thursday evening “this sham indictment is the continuation of the endless political persecution of Donald Trump.”  

Former Sen. Judd Gregg (R-N.H.), a one-time advisor to McConnell’s leadership team and whose home state will host the second contest of next year’s Republican presidential primary, said the Department of Justice’s indictment may prove too much for Trump to overcome.  

“At some point there’s a straw that breaks the camel’s back, and there’s a whole lot of straws on the back of Donald Trump right now,” he said.  

Gregg called the legal problems facing Trump clearly “outside the norm for a major leader of our nation.”  

A New York jury last month found Trump liable for sexual abuse and awarded his accuser, the writer E. Jean Carroll, a $5 million judgment.   

“Most Republicans want somebody else, even Trump people want somebody else, because they want to win and they recognize Trump is incapable of winning a general election at this point,” Gregg said.   

He said Senate Republican leaders should call on the GOP to move past the former president.  

“I would be advising them to say, ‘Listen, we have to move on as a party. Let Donald Trump work through his legal issues, which are considerable, but we as a party need to move on, and let’s find ourselves a candidate for president who can win,’” he said.  

Sen. Lisa Murkowski (R-Alaska) on Friday evening said the charges brought by the Department of Justice are “quite serious and cannot be casually dismissed.”

She said in a statement that “mishandling classified documents is a federal crime because it can expose national secrets, as well as the sources and methods they were obtained through.”

Murkowski, who voted to convict Trump on the impeachment charge of inciting the Jan. 6, 2021, attack on the U.S. Capitol, joined fellow Republican Sen. Mitt Romney (R-Utah) in being the only two Republican senators to criticize Trump shortly after the indictment became public.

Romney, who voted twice to convict Trump on impeachment charges in 2020 and 2021, defended the Justice Department from criticisms voiced by other Republicans that it is acting unfairly.

“By all appearances, the Justice Department and special counsel have exercised due care, affording Mr. Trump the time and opportunity to avoid charges that would not generally have been afforded to others,” Romney said in a statement.  

“Mr. Trump brought these charges upon himself by not only taking classified documents, but by refusing to simply return them when given numerous opportunities to do so,” he said.   

Senate conservatives have come to Trump’s defense, notably Sens. Josh Hawley (R-Mo.), Ted Cruz (R-Texas) and Mike Lee (R-Utah).   

“The Biden administration’s actions can only be compared to the type of oppressive tactics routinely seen in nations such as Venezuela, Bolivia and Nicaragua, which are absolutely alien and unacceptable in America,” Lee said in a statement. “It is an affront to our country’s glorious 246-year legacy of independence from tyranny, for the incumbent president of the United States to leverage the machinery of justice against a political rival.”   

Cruz, speaking on his "The Verdict" podcast, called the indictment “an assault on democracy,” “garbage” and “a political attack from a thoroughly corrupted and weaponized Department of Justice.”  

Senate Republican Conference Chairman John Barrasso (R-Wyo.), the third-ranking member of the Senate GOP leadership, who voted against the debt deal and is seen within the Senate GOP conference as someone who has tried to ally himself with its most conservative members, also criticized the indictment.   

“This indictment certainly looks like an unequal application of justice,” he said in a statement, pointing out that “large amounts of classified materials were found in President Biden’s garage in Delaware” yet “no indictment.”   

Yet many other Republican senators, particularly those more closely allied with McConnell, are staying conspicuously quiet about Trump’s legal travails.  

One GOP senator who requested anonymity defended the Justice Department, pushing back on accusations that because Garland is a Biden appointee, the prosecution is necessarily motivated by politics.   

“Where do you draw the line?” the senator said. “Everybody owes their job to someone.  

“We have to trust our institutions, and there’s not a lot of trust right now,” the senator added.  

Updated at 10:47 a.m. EDT.