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.

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.

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. 

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.   Iranian president rips US sanctions 63 percent now say abortion pill should be available with prescription: Gallup

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.