Multiple Senate Republicans condemned former President Donald Trump being indicted on federal charges related to his efforts to overturn the 2020 election and the subsequent Jan. 6 Capitol riot, but the response was more muted and splintered than in the lower chamber.
While House GOP lawmakers were quick to condemn the latest charges, the majority of Senate Republicans have demurred. Reaction has trickled in throughout the evening, but it's a far cry from the outpouring of support Trump has received on the House side.
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Offices for two GOP senators known for defending the former president told the Washington Examiner that they would be waiting until at least Wednesday to weigh in. Representatives for two Trump-allied Senate Republicans said they were holding off on releasing statements and did not have time frames for when that would change. Three others did not respond to requests for comment.
Special counsel Jack Smith unveiled the new indictment on Tuesday, just days after filing additional federal charges against the former president in the classified documents case. Trump faces four counts in the 2020 election case, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights, according to the 45-page indictment.
Most Senate Republicans who did speak out in the immediate aftermath of the charges argued that they signify a "two-tiered" system of justice that targets their side of the aisle. Many pointed to the disparities between how Trump and Hunter Biden have been treated.
The president's son had a plea agreement with the Justice Department related to tax and gun charges that many on the Right lambasted as a sweetheart deal. That deal unexpectedly fell apart in court last week.
"The American people have lost faith in Biden’s Justice Department. They are uncomfortable watching the current president weaponize the justice system against his political opponent," Sen. John Barrasso (R-WY), who chairs the Senate Republican Conference, said in a statement. "The Justice Department’s own flimsy deal to save Biden’s son didn’t even hold up in court. This two-tiered system of justice is wrong. The country deserves better.”
"Again and again, the Biden administration has weaponized the justice system to target his chief political opponent," Sen. Ted Budd (R-NC) posted on X, the social media platform formerly known as Twitter. "Joe Biden’s continued abuse of power must be confronted by Congress and his administration must be held accountable."
Multiple senators accused the Justice Department of prosecuting Trump to prevent his 2024 presidential candidacy from being successful.
Sen. J.D. Vance (R-OH) said in a statement provided through a campaign spokesperson, "Joe Biden is indicting Donald Trump (again) because he’s losing in this presidential race. He would rather throw Donald Trump in prison than face him at the ballot box.
“The credibility of the American legal system is being attacked because Biden is afraid of facing the consequences of his disastrous policies," the statement continued. "Luckily, the American people get a say, and when they reelect Donald Trump, it will be time to clean house at the Department of Justice.”
"The news of another indictment against President Trump is no shock ahead of 2024. The Left knows they can’t beat Trump amid Biden’s failures, so they’re trying to take him out with criminal charges," Sen. Marsha Blackburn (R-TN) wrote on X. Biden’s abusing two tiers of justice to target his greatest political opponent.
"Biden DOJ unveils the latest effort to stop Trump from running against Biden — totally unprecedented in American history," Sen. Josh Hawley (R-MO) wrote on the same social media platform of the charges.
Not all GOP senators agreed.
“My views on the former president’s actions surrounding January 6th are well known," Sen. Mitt Romney (R-UT), a longtime Trump critic, said in a statement. "As with all criminal defendants, he is entitled to due process and the presumption of innocence.”
Sen. Lisa Murkowski (R-AK) wrote in a thread on X, "In early 2021, I voted to impeach former President Trump based on clear evidence that he attempted to overturn the 2020 election after losing it."
Murkowski went on to note that the House Jan. 6 select committee had uncovered further evidence of Trump's involvement in the attempted insurrection. She then urged caution before rushing to judgment on the indictment.
"Today, the former President has been indicted on four criminal counts. Like all Americans, he is innocent until proven guilty and will have his day in court," she wrote. "As that process begins, I encourage everyone to read the indictment, to understand the very serious allegations being made in this case."
Smith's latest charges largely hinge on the allegation that Trump was aware that his words and actions related to overturning the 2020 election were based on falsities.
The indictment states that from roughly Nov. 14, 2020, to Jan. 20, 2021, Trump "did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the grand jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one's vote counted."
In addition to the Jan. 6 charges, Trump faces 40 counts in the Justice Department's classified documents case against him, which Smith said in May were related to "felony violations of our national security laws as well as participating in a conspiracy to obstruct justice.” Smith is separately investigating the former president over his handling of his 2020 election loss and is reported to be considering charges in that case.
Manhattan District Attorney Alvin Bragg indicted Trump in late March on charges related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. He has pleaded not guilty, and a trial has been scheduled for March of next year.
Trump also faces legal exposure from an unrelated criminal investigation by Atlanta prosecutors for his alleged attempts to overturn the 2020 election and his subsequent role in the Capitol riot. Charges in that case, which is being brought by the Fulton County district attorney's office, are expected later this year.
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Trump has denied any wrongdoing in the hush money and documents matters and vowed to fight both sets of charges. He has also maintained his innocence in the state and federal investigations of his handling of his 2020 election loss.
Kaelan Deese and Ashley Oliver contributed to this report.