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 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. 

Republicans knock Biden for not freeing Whelan in prisoner swap

A growing number of Republican lawmakers are criticizing President Biden for freeing a Russian arms dealer to secure WNBA star Brittney Griner’s release, and for failing to free former U.S. Marine Paul Whelan in the deal.

Biden on Thursday morning announced Griner was returning to the U.S. after she spent nearly 10 months in Russian custody, in exchange for the U.S. releasing infamous arms dealer Viktor Bout.

The administration had also sought the release of Whelan, who was arrested in Russia in 2018 on spying charges that he vehemently denies, but Biden on Thursday said Moscow is “treating Paul’s case different than Brittney’s.”

Republicans quickly issued statements expressing relief at Griner's release while condemning the president for snubbing Whelan. Many of the GOP lawmakers also expressed worry the deal would incentivize Moscow to imprison Americans in the future for leverage.

"The Biden administration has allowed Viktor Bout, a dangerous arms dealer who was convicted of conspiring to kill American law enforcement, to walk free,” Rep. Mike Rogers (R-Ala.), the House Armed Services Committee ranking member, said in a statement.

“This move to appease Vladimir Putin will only encourage further hostage taking by Russian security forces. While I welcome the release of Brittney Griner, I cannot help but think about Paul Whelan — as he has apparently been abandoned by the Biden administration,” Rogers added.

Biden said on Thursday his administration will "never give up” on securing Whelan's release.

Bout was serving a 25-year prison sentence on charges of conspiracy to kill U.S. nationals, kill U.S. employees, transfer and use of anti-aircraft missiles and support of a designated terrorist organization.

He has been accused of running massive arms shipments to sanctioned regimes in African and Middle Eastern countries, earning him the nicknames “Merchant of Death” and “Sanctions Buster.”

Rep. Marjorie Taylor Greene (R-Ga.), who introduced impeachment articles against Biden last year, said the swap marks another reason to push for his removal from office.

“Biden just returned the ‘Merchant of Death,’ an international arms dealer convicted of conspiring to kill Americans, to Putin and left former Marine Paul Whelan, who has been unjustly detained for over four years, to rot in a Russian prison,” wrote Rep. Jim Banks (R-Ind.), the chairman of the Republican Study Committee, the largest conservative caucus in the House.

“Biden's now aiding both sides of the war,” Rep. Kevin Hern (R-Okla.), who will succeed Banks in the role, wrote in a retweet of Banks’s post.

Whelan himself spoke with CNN on Thursday from Russia, saying he was happy that Griner was released but adding he felt "greatly disappointed" that more had not been done to secure his freedom.

“My prayers are with Brittney Griner and her family as they heal from this,” Sen. Tim Scott (R-S.C.) wrote on Twitter. "I hope Brittney continues to use her platform to keep the pressure to bring former Marine Paul Whelan home. Leaving Paul in Russia to Putin's whim would be a disgraceful abdication of Biden's leadership.”

Scott's home-state colleague, Sen. Lindsey Graham (R-S.C.), tweeted, “It is a bitter pill to swallow that Mr. Whelan remains in custody while we release the ‘Merchant of Death’ Viktor Bout back to Russia.”

Sen. Marco Rubio (R-Fla.), a member of the Senate Foreign Relations Committee, expressed relief at Griner’s release while criticizing the continued detainment of Whelan and Marc Fogel, an American teacher detained in Russia for allegedly possessing 17 grams of medical marijuana in violation of Russian law.

“Unfortunately, the Biden Administration’s handling of this situation leaves behind other Americans, like veteran Marine Paul Whalen and teacher Marc Fogel,” Rubio wrote.

“What’s more, Putin and others have seen how detaining high-profile Americans on relatively minor charges can both distract American officials and cause them to release truly bad individuals who belong behind bars.”