While some Democrats on Capitol Hill are freely weighing in on former President Donald Trump’s latest indictment, many up for reelection in competitive states in 2024 are staying quiet.
After Trump was charged with four felony counts surrounding the Jan. 6 assault on the Capitol on Tuesday, which include conspiracy to defraud the United States and obstruction, Senate Majority Leader Chuck Schumer (D-NY) and House Minority Leader Hakeem Jeffries (D-NY) quickly released a joint statement calling the charges “the culmination of a months-long criminal plot let by the former president.”
DONALD TRUMP INDICTED: JACK SMITH LOCKED EYES WITH FORMER PRESIDENT DURING HISTORIC ARRAIGNMENT
For some Democratic incumbents, talking about Trump’s indictments is like red meat for their supporters, but vulnerable incumbents in battleground states are treading carefully, specifically on this indictment.
A total of 34 Senate seats, 20 held by Democrats, 11 held by Republicans, and three held by independents, will be up for grabs next cycle. The three independent senators caucus with Democrats, which means Democrats will be defending 23 of the 34 seats in 2024. Democrats must protect seats in Republican terrains such as Ohio and West Virginia and in swing states such as Pennsylvania, Wisconsin, Michigan, and Nevada.
It’s no surprise that Sens. Joe Manchin (D-WV), Sherrod Brown (D-OH), Kyrsten Sinema (I-AZ), Bob Casey (D-PA), Tammy Baldwin (D-WI), and Jacky Rosen (D-NV) have not commented on the most recent charges.
Sen. Jon Tester (D-MT) was the exception. The Montana senator, who is running in a state where Trump won by 16 percentage points in 2020, had a spokesperson issue a carefully worded statement on the most recent indictment to local media outlets.
“Senator Tester believes everyone should be treated fairly and without bias during a criminal investigation and he expects the treatment of former President Trump will be no different,” a spokesperson told Montana Free Press. “[Tester] has said our criminal justice system must be without political influence, where no one is above the law, and all Americans are presumed innocent until proven guilty.”
With Trump’s legal cases dominating recent news cycles, Democratic strategists believe it’s wise for candidates in more red-leaning states to steer clear of the topic as they attempt to court voters outside of their party base.
“There’s no upside for a vulnerable senator in a red-leaning state to go out and talk about the former president’s indictment. It’s a political loser,” said Jon Reinish, a prominent Democratic strategist, in an interview with the Washington Examiner.
Baldwin, Manchin, and Arizona Senate candidate Rep. Ruben Gallego (D-AZ) had previously commented on prior Trump indictments like the civil case regarding hush money payments made to an adult film actress and the charges revolving around the classified documents case. But, Reinish believes this latest indictment is different because the charges have more political significance.
“It is a very big one, you know, has directly to do with an election. And it is about an election that Donald Trump won again, quite handily in their states,” Reinish explained.
“There’s a lot more safety for a Democratic senator, you know, or lawmaker of any stripe in a conservative state to issue some kind of a statement about a national security issue, but really going back and being seen as litigating, you know, an election in which the former president did really well your state, has no upside whatsoever.”
“Even four years later, why poke the bear,” Reinish questioned rhetorically.
Democratic candidates running for Senate who are not incumbents are taking a different approach. Rep. Elissa Slotkin (D-MI), who is in the Democratic primary race to take over retiring Sen. Debbie Stabenow’s (D-MI) seat, issued a powerful statement on X, the social media platform formerly known as Twitter.
“A former president using the power of his office to lie and attempt to thwart the will of American voters is an American tragedy,” Slotkin posted.
Slotkin’s Democratic primary opponent, Hill Harper, also responded to the indictment, writing,” NO ONE is above the law. Not even a current or former president. We can’t let extremists win — our democracy is on the line.”
Rep. Colin Allred (D-TX), who is in the race challenging Sen. Ted Cruz (R-TX) for his seat in a relatively safe Republican state, also reacted to the indictment on X, writing, “Ted Cruz is using Trump’s indictment over his role in Jan 6 insurrection to promote his podcast and call America a banana republic.”
As the 2024 Senate election begins to take shape, some experts believe Trump’s indictments could be a political liability for Democrats in red-leaning states, with Republicans casting them as political prosecutions led by President Joe Biden’s Justice Department.
“I’m not saying this will be a deciding issue in these races, but I am concerned that the current indictments and looming ones could have negative consequences for vulnerable Democrats running,” said one Democratic strategist who requested anonymity in an effort to reflect on the situation. “Voters are hearing all about this constantly, and I worry about how Republican candidates will try to spin this all.”
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Instead of talking about Trump or the indictments, Reinish advises candidates to focus and campaign exclusively on kitchen table issues.
“Avoid the toxic fulcrum of national and nationalized politics; talk about what you’re doing to deliver results in fighting for your constituents on those issues,” He said. “That’s the winning strategy. There’s no upside to talking about Donald Trump.”
