Many Senate Republicans aren’t protecting Trump after Jan. 6 panel’s nod to criminal charges

Senate Republicans are stepping out of the way of the House Jan. 6 committee’s recommendation that the Justice Department prosecute former President Trump for crimes related to the 2021 attack on the U.S. Capitol.

GOP senators, especially those allied with Senate Minority Leader Mitch McConnell (R-Ky.), say the Jan. 6 committee interviewed “credible” witnesses and added to the historical record in a substantial way, even though they have qualms about how Democrats have tried to use the panel’s findings to score political points.  

Now they say it’s up to Attorney General Merrick Garland or Department of Justice special counsel Jack Smith to investigate or indict Trump, but they’re not waving federal prosecutors off from prosecuting the former president.  

“The entire nation knows who is responsible for that day,” McConnell said in a statement, pointing the finger squarely at Trump in response to the House Jan. 6 committee referring four criminal charges against Trump to the Justice Department.  

It was McConnell’s strongest statement blaming Trump for inciting a crowd to storm the Capitol on Jan. 6, 2021, since he denounced him on the Senate floor in February of that year.  

“The people who stormed this building believed they were acting on the wishes and instructions of their president,” he said in February 2021 after voting on technical grounds to acquit Trump during his second impeachment trial.  

Senate Minority Whip John Thune (R-S.D.) said, “It’s up to Justice now.”  

Asked if he thought the committee had conducted a credible investigation of Trump, Thune replied, “They interviewed some credible witnesses.” 

Thune said the makeup of the panel was partisan because it comprised seven Democrats and only two anti-Trump Republicans, but he acknowledged, “They did interview a lot of folks that had a lot of knowledge of what happened and they were people who I think were very credible.”

Retiring Sen. Rob Portman (R-Ohio), a member of McConnell’s leadership team, said the Jan. 6 committee’s final report, which will be made public Wednesday, is “important.” 

“I think the referrals are not as important as the report. The report’s important, even though it came out of a partisan process,” he said. 

“But the testimony is the testimony, and they were able to get the testimony from most of the people they wanted — not everybody but most — and I think most of the significant figures. That is the historical record,” Portman explained. “That’s very important.”  

The Jan. 6 panel on Monday made four criminal referrals alleging Trump incited insurrection, obstructed an official proceeding of Congress, conspired to defraud the United States and conspired to make a false statement.  

The referrals don’t require the Department of Justice to bring criminal charges against the former president, but they put more pressure on federal prosecutors to act.  

The panel also recommended the House Ethics Committee investigate House Minority Leader Kevin McCarthy (R-Calif.) and several allies — Reps. Jim Jordan (R-Ohio), Scott Perry (R-Pa.) and Andy Biggs (R-Ariz.) — and what they did in the lead-up to and on the day of the attack on the Capitol.  

House Republicans are expected to dismantle the Jan. 6 panel after they take control of the chamber in January.  

Trump shrugged off the criminal referrals in a statement posted to Truth Social, his social media platform.  

“These folks don’t get it that when they come after me, people who love freedom rally around me. It strengthens me. What doesn’t kill me makes me stronger,” he posted.  

Former President Trump speaks at an event

Trump has announced a new bid for the White House, but it’s been clear for weeks amid a series of controversies surrounding Trump and a disappointing midterm election outcome for the GOP that a number of Republican senators would rather move on from the former president.

Only one Republican senator, Sen. Tommy Tuberville (Ala.), has publicly endorsed Trump’s 2024 presidential bid.  

Others have raised concerns about Trump’s viability in the 2024 general election or blamed him for derailing their chances of winning key Senate races in Pennsylvania and Georgia this year.  

Republican senators speaking to the media on Monday did not entirely embrace the Jan. 6 panel, by any means, but most did not embrace Trump.

Sen. Shelley Moore Capito (W.Va.), another member of the Senate Republican leadership team, said she thought the Jan. 6 committee's investigation “was a political process” and that she had “never seen” Congress recommend the Justice Department prosecute someone before.  

But she added that Trump “bears some responsibility” for the attack on the U.S. Capitol.  

“I don’t see that this changes anything. Let’s get the Electoral Count Act passed. That will clear up some of the ambiguity that came about that day,” she said, referring to legislation the Senate will take up this week to clarify that the vice president has a solely ministerial role when Congress convenes in joint session to certify the results of a presidential election.  

The bill is intended to eliminate the possibility that a future president tries to get the vice president to throw out slates of electors when presiding over a joint session of Congress, as Trump pressured then-Vice President Mike Pence to do on Jan. 6.   

McConnell, Thune, Portman and Capito all voted to acquit Trump after his second impeachment trial when he was charged with inciting insurrection. 

Minority Leader Mitch McConnell (R-Ky.)

Many Senate Republicans, however, voted that way on technical grounds because Trump at the time of the trial was no longer in office.  

Sen. Mitt Romney (R-Utah), who voted to convict Trump in both of his impeachment trials, said, “There’s no question that President Trump deserves culpability for inciting the riot on Jan. 6 and for failure to act to protect the vice president and the Capitol of the United States.”

“Whether there are criminal charges associated with that would have to be determined by experienced prosecutors, and that’s what the Justice Department will determine,” he said.

Sen. Pat Toomey (R-Pa.), who also voted to impeach Trump, said he would leave it up to federal prosecutors to decide what to do. 

“I am not a lawyer and certainly not a prosecutor,” he said, adding he wasn’t surprised about the recommendation to prosecute.

“I don’t know the legal basis of it, but you know what I think of what the president did that day,” he said.  

Sen. Lisa Murkowski (R-Alaska), who voted to convict Trump in his second impeachment trial, said she was not surprised by the criminal referral by the House committee.  

“Obviously they spent considerable time and [went into] great detail over many months they have investigated this,” she said. “It’s really up to [the Department of Justice] where they go next.” 

“I think it’s going to be important for us to read this report that will be coming out Wednesday,” she said.  

Asked about McConnell’s statement that the entire nation knows Trump is responsible for the Jan. 6 attack, Murkowski replied, “I agree. I voted to impeach him.”   

Sasse’s expected exit shrinks Senate’s anti-Trump wing

Sen. Ben Sasse’s (R-Neb.) expected retirement from the Senate is the latest sign that is it harder to be a Republican critic of former President Trump in Congress than a loyal ally.

Sasse is one of seven Senate Republicans who voted to convict former President Trump last year during his impeachment trial over the Jan. 6, 2021, attack on the Capitol. He’s the third to retire.

The Nebraskan senator not that long ago was also seen as a rising star in his party and a possible presidential candidate. But that possibility seemed more and more faint as Sasse’s opposition to various Trump actions grew.

Republicans who closely follow Congress say Sasse’s retirement reflects growing polarization in Washington, which has only accelerated since Trump won election to the White House in 2016. And they say there’s less of a political future for GOP lawmakers who won’t embrace Trump.  

“Trump has undermined our party. He’s running a cult and he’s a cultist figure and he’s only concerned about himself, and he’s done fundamental damage to our constitutional electoral process, and so when people who are willing to stand up to him leave the Senate, that hurts because senators should be able to stand up to someone like Trump. That’s why you get a six-year term,” said former Sen. Judd Gregg (R-N.H.), who was a respected fiscal conservative and a member of Minority Leader Mitch McConnell’s (R-Ky.) leadership team during his Senate career.   

Gregg said the departure of so many senior Republicans who were known for both their close relationships with McConnell and their willingness to be pragmatic to get important bills passed for the good of the country is a troubling sign for both the Senate and the nation.  

“It’s not surprising. The Congress has been taken over by a lot of folks who are dominated by the extremes of their party, both the Democratic and Republican, and getting things done if you’re a thoughtful centrist is very difficult,” he said of Sasse’s retirement. “I wouldn’t be surprised if there’s some frustration there.”  

Gregg predicted the departure of so many seasoned legislators will make it tougher for McConnell — or any leader in Congress — to get things done next year.  

“Complex issues … requires people who are willing to cross the aisle and compromise and are substantive, and when you lose like folks like that and you lose the center of the Senate — and the center of the Senate has always been rational, thoughtful doers, versus shouters — it makes it very hard to legislate on complex and difficult issues,” he said.  

Sasse is a finalist to become the University of Florida’s next president — a position he is expected to take. It would end what had been a noteworthy Senate career.

Sasse often decried knee-jerk partisan polarization within the Senate and earlier this year unveiled an ethics reform package to restore public faith in Washington.  

It included a ban on lawmakers trading stocks and making huge salaries in lobbying jobs after leaving Congress as well as requiring presidential candidates to disclose their tax returns and prohibiting foreign nationals from funding state and local ballot initiatives.  

Trump famously refused to make his tax returns public during the 2016 and 2020 campaigns and during his time in the White House.  

“Ben Sasse was one of the people who made the Senate work,” said Republican pollster Whit Ayres. “And there’s a pattern of a lot people who made the Senate work who are leaving the institution, and that’s not good for the country and not good for our democracy.”

Ayres suspects that Sasse and other retiring Senate Republicans are fed up with what he called “the toxic polarization” that’s made it “difficult to do the things that led them to run for the Senate in the first place.”  

Besides Sasse, Sens. Pat Toomey (Pa.) and Richard Burr (N.C.), who also voted to convict Trump in 2021, are retiring. The other four GOP senators who voted to convict Trump are Sens. Mitt Romney (Utah), Lisa Murkowski (Alaska), Susan Collins (Maine) and Bill Cassidy (La.).

Lawmakers in both parties are bracing themselves for standoffs over government funding measures and legislation to raise the debt limit if House Republicans, who are generally more allied with Trump, win control of the lower chamber.  

It’s not yet clear who Nebraska Gov. Pete Ricketts will appoint to replace Sasse, who was reelected to a second term in 2020, but other retiring Republicans may be replaced by Republicans Trump endorsed in the primaries.  

Those Trump-backed candidates, who are either favored to win or have a good chance of being elected, include Rep. Ted Budd (R) in North Carolina, J.D. Vance in Ohio and Eric Schmitt in Missouri. 

Budd has embraced Trump’s claims of election fraud and introduced his Combat Voter Fraud Act, while Vance said in January the election was stolen and Schmitt joined a lawsuit with 17 other state attorneys general to overturn the results of the 2020 election.  

Sasse was an outspoken critic of Trump throughout his Senate career, though he toned down his criticisms in time to win Trump’s endorsement during his 2020 Republican primary.  

But after clinching the Senate GOP nomination for Nebraska, he ripped Trump apart at a telephone town hall a few weeks before the 2020 general election, calling the president’s values “deficient” because of “the way he kisses dictators’ butts” and “mocks evangelicals” and “flirted with white supremacists.”  

When he voted to impeach Trump, he declared the former president had “lied about widespread voter fraud,” spread “conspiracy theories” and fanned those lies when he summoned his supporters to Capitol Hill to “intimidate Vice President Pence” into halting the certification of Joe Biden’s victory.  

Burr and Toomey joined Sasse in voting to convict Trump on the charge of inciting the Jan. 6, 2021, insurrection during his second impeachment trial. But several retiring senators who have often been loyal to McConnell were willing to stand up to Trump in significant ways.   

Retiring Sen. Ron Portman (R-Ohio) played a lead role in negotiating last year’s $1 trillion bipartisan infrastructure bill, which 18 other Republicans voted for, including retiring Sen. Roy Blunt (R-Mo.), Burr and McConnell. Trump fiercely opposed the bill, and later said Republicans who voted for it should “be ashamed of themselves” for “helping the Democrats.”   

In October of last year, Blunt, Portman and retiring Sen. Richard Shelby (R-Ala.)  joined McConnell in voting for a procedural motion to circumvent a filibuster on legislation to raise the federal debt ceiling and avoid a national default, again despite Trump’s opposition. Trump at the time accused these Republicans of “folding to the Democrats again.”   

James Wallner, a former Senate Republican aide, predicted that McConnell may have to undergo a tough transition next year when many of his loyal allies will be replaced by pro-Trump Republicans unfamiliar with the arcane procedures of the Senate and the nuances and challenges of getting bills passed.  

“Just look at what happened after the 2010 election; it took Mitch McConnell and Senate Republicans to get a handle on the” conservatives who were elected in the Tea Party revolution, Wallner said. “There was a lot of turmoil and institutional uncertainty after that election.  

“If you have a large number of members on either side of the aisle come in, the potential for disrupting business as usual in the Senate is a lot greater,” he said.  

Yet Another Major Republican Senator Announces That He Won’t Be Running For Reelection In 2022

Various Republican senators have announced that they will not be running for reelection in 2022, including Alabama Sen. Richard Shelby, Ohio Sen. Rob Portman, and Pennsylvania Sen. Pat Toomey.

Now, yet another prominent Republican senator has announced that he will not be running for reelection next year.

Roy Blunt Announces He’s Retiring 

Republican Missouri Senator Roy Blunt, who is a member of the GOP leadership and is the ranking Republican member of the Senate Rules Committee, released a video on Monday in which he revealed he will not be seeking reelection. He has reportedly been in the Senate since 2010, according to The Daily Caller.

“After 14 general election victories, three to county office, seven to the United States House of Representatives, and four statewide elections, I won’t be a candidate for reelection to the United States Senate next year,” Blunt said in the video.

“In every job Missourians have allowed me to have, I’ve tried to do my best,” he added. “In almost 12,000 votes in the Congress, I’m sure I wasn’t right every time, but you really make that decision based on the information you have at the time.”

Related: Top GOP Senator Claims Trump Impeachment ‘Clearly Is Not Going To Happen’

“The people of Southwest Missouri overwhelmingly elected Senator Blunt seven times to the U.S. House of Representatives. Senator Blunt was elected the Majority Whip earlier in his career than any Member of Congress in eight decades, and he was elected to the Senate leadership during his first year in the Senate,” reads the biography on Blunt’s Senate website.

Related: Trump Pledges That He Will Campaign Against Lisa Murkowski In 2022

Republican Senators That Are Retiring

Blunt, 71, has said that he will finish out his current term, according to The Hill. He is the fifth Republican senator to announce that he is retiring at the end of his current term, and Sens. Chuck Grassley (R-Iowa) and Ron Johnson (R-Wis.) have yet to say if they will be going for reelection.

Grassley, 87, has previously said that he will come to a decision on this in the fall, while Johnson said last week that leaving office after 2022 is “probably my preference now.” Johnson had previously said that he would only run for two terms, and this is his second one. 

This piece was written by James Samson on March 8, 2021. It originally appeared in LifeZette and is used by permission.

Read more at LifeZette:
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