The more Donald Trump gets indicted, the less certain Republican congressmen want to talk about him — especially if they’re serving in decidedly vulnerable districts that Trump lost to President Joe Biden in 2020.
No fewer than 15 of the 18 Republican House members whose district voted Democratic in the 2020 presidential election have failed to make a single public comment in response to either of the two indictments handed down in August against Trump, a Raw Story review of news coverage and major social media shows.
The group has become known as “the Biden 18,” and with Republicans clinging to a tiny majority in the U.S. House, their political fates are central to the GOP’s quest to retain power there.
Only famed fabulist Rep. George Santos (R-NY) has spoken up forcefully for Trump on the two indictments, the most recent coming Monday on sweeping racketeering charges in connection with the 2020 election in Georgia. Special counsel Jack Smith charged Trump on August 1 with four felony counts related to his alleged effort to overturn the results of the 2020 presidential election.
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Rep. Don Bacon (R-NE), was the only one of the Biden 18 to even speak out on the federal indictment on election interference. But he hardly said what MAGA world wanted to hear, telling Axios: "Trump will have his day in court to present his defense. I trust our judicial system to sift through both sides of the case and find a just verdict."
Rep. Juan Ciscomani (R-AZ) was the only other Republican to comment on the Georgia indictment and he didn’t offer a defense to Trump so much as to tow the party line:
“I’m deeply concerned about partisanship and a double standard creeping into our justice system,” Ciscomani stated. “Timing and political partisanship cloud the merit of these charges with doubt which can erode the trust of Americans in our legal system. Our standard should always be equal justice under the law.”
The near radio silence from others in the Biden 18 illustrates the growing peril that each succeeding Trump indictment represents for vulnerable Republicans.
And it cannot be attributed to the congressional recess.
On August 15, the day they could have been reacting to Trump’s Georgia indictment, 13 of the 18 congressmen did find the time to commemorate the two-anniversary of the fall of Kabul. Their strikingly similar tweets had a common theme: Sharply worded criticism of Biden for what Ciscomani called “one of the biggest blunders in U.S. history.”
Of the five “Biden 18” members who didn’t get the memo about re-attacking Biden on the solemn anniversary, the only ones who set aside politics for the day were Rep. Brandon Williams (R-NY), who just returned from surgery, and Rep. Lori Chavez-DeRemer (OR-5) who jarringly strayed off message with a shout out to Democratic Rep. Joe Neguso about a bipartisan bill they worked on together.
Even when they have spoken out in mild defense of Trump, such as on June 8 when Smith indicted Trump on conspiracy and obstruction charges under the Espionage Act related to classified documents he had taken from the White House, they’ve done so in relative whispers. They failed to even mention Trump — a la Voldemort in “Harry Potter” — by name.
Instead, they focused their ire on the government for its decision to enforce the law against the former president regarding the classified materials that he took to his homes and refused to return, even under subpoena.
Rep. Mike Garcia, R-Calif., called the indictment “a continuation of, really, eight years of bad behavior from the far left,” against Trump since his 2016 campaign,” NBC News reported. Garcia added: “They’re willing to use the executive branch this time, the DOJ, to go any lengths to remove a political opponent that they know will win the election.”
Rep. Brandon Williams (R-NY) tweeted: “Why, on the same day Members of Congress reviewed hard evidence alleging our President took a $5M bribe from a foreign country while VP, would the DOJ indict a former President? Rep. Nick LaLota (R-NY) tweeted that it “wreaks political retaliation.”
That was about the extent of the pushback that the Biden 18 offered on the first federal indictment. Most of the imperiled members chose the middle lane, obviously torn between offending either Trump supporters or the Democratic majorities in their district.
Ciscomani of Arizona emphasized the presumption of Trump’s innocence while promising to “vigilantly monitor” the process for signs of politicization.
Brian Fitzpatrick (R-PA), a former FBI agent, called for leaders “to lower the temperature of the rhetoric” for the sake of the justice system – after trying to conflate Trump’s indictments to the legal woes of Hunter Biden, the president’s troubled son.
Spokespersons for Rep. Anthony D'Esposito (R-NY) and Rep. Lori Chavez-DeRemer (R-OR) were even more circumspect. D’Esposito would be “monitoring” the situation and Chavez-DeRemer was “aware” of the indictment and “would let in play out in court,” the media was informed.
Two of the Biden 18 offered harsh words — for Trump.
“It’s obvious what the president did was wrong,” Bacon said, according to NBC News. “To have thousands of secrets in your house, showing them to people that were not read in and then not giving all of it back, saying you gave it all back and then lying about it, I just — there’s no way to defend that. And I just think the emperor has no clothes.”
Rep. David Valadao (R-CA), the only member of the Biden 18 to have voted to impeach Trump in 2021, following the January 6 insurrection, said “the alleged mishandling of classified documents containing sensitive national security information and the failure to return them when asked is extremely troubling."
Of course, none of the “Biden 18” reacted with the fury of MAGA extremists such as Rep. Andy Biggs, (R-AZ) who tweeted, "We have now reached a war phase. Eye for an eye." Or Rep. Paul Gosar (R-AZ), who described the indictments as “a human rights violation” comparable to the actions of Adolf Hitler and Joseph Stalin.
The only reliable “Biden 18” outlier is Santos, who appears to be on a political suicide mission has he, too, faces his own federal charges for alleged fraud, stealing public funds and money laundering. Santos threw the full weight of his credibility, such that it is, behind these words this week:
“All these indictments against Trump are exposing the double standard in our Justice system. If you are a Democrat you get a pass if you are a Republican; “we will ruin your life with false accusations and our partners in the media will sell it for us.”
Santos sat out on commenting about Trump’s election-interference indictment. But when the classified documents charges landed in June, he had share these pearls of wisdom:
“Another indictment of President Donald J. Trump will not gaslight the American People into abandoning the greatest champion of freedom this great young nation has ever known,” Santos tweeted. Hashtag #Trump2024NowMorethanEver.
Who controls the U.S. House?
The Trump indictments have made a difficult situation worse from the Republicans holding blue-district seats. They already have been identified as the top political targets of the Democratic Party, which needs just a net gain of five seats to regain control of the House in 2024.
The Democrats have some reason for optimism, as 12 of the 18 seats are held by freshman members of Congress. The same number of 12 (although not all the same seats) are rated tossups by pundits, as shown below.
Their Congressional Integrity Project, for one, has unleashed a biting ad specifically targeting members of the Biden 18 in their respective districts – singling out each with a personalized insert.
This is how the shell of the ad reads:
“MAGA Republicans have hijacked the House of Representatives. They're wasting your taxpayer dollars on partisan stunts instead of tackling the issues that the American people care about. But what has Congressman (fill in the Biden 18 rep) done to stop them? Absolutely nothing! He’s been asleep at the wheel while MAGA Republicans push conspiracy theories, give platforms to anti-Semites and racists. And now they're moving to impeach President Biden without a shred of evidence he's done anything wrong. Call Congressman (___). Tell him to stop pushing an extreme agenda.”
Here is a breakdown of the Biden 18, including ratings of their seats prospects as measured by experts’ consensus as compiled at www.270towin.com:
House Minority Leader Hakeem Jeffries (D-NY) likely holds these home-state districts near and dear to his heart.
Nick LaLota (NY-1)
Likely Republican
First elected: 2022
2022 Victory margin: 11.0%
2020 Biden victory margin: 0.2%
George Santos (NY-3)
Toss-up
First elected: 2022
2022 Victory margin: 7.5%
2020 Biden victory margin: 8.2%
Anthony D'Esposito (NY-4)
Toss-up
First elected: 2022
2022 Victory margin: 3.6%
2020 Biden victory margin: 14.5%
Mike Lawler (NY-17)
Toss-up
First elected: 2022
2022 Victory margin: 0.6%
2020 Biden victory margin: 10.1%
Marc Molinaro (NY-19)
Toss-up
First elected: 2022
2022 Victory margin: 1.6%
2020 Biden victory margin: 4.6%
Brandon Williams (NY-22)
Toss-up
First elected: 2022
2022 Victory margin: 1.0%
2020 Biden victory margin: 7.5%
(Note: This is the only delegation – perhaps in history – that has one of its members so castigated by his own colleagues. LaLota called Santos a “sociopath scam artist.” Not to be outdone, D’Esposito claims he was the first to call for Santos’ resignation, calling him “a stain to our institution.”)
One of the bluest states in the nation is large and diverse enough to host some solidly red districts. But these are the blue ones that Democrats let get away in 2022.
John Duarte (CA-13)
Toss-up
2022 Victory margin: 0.4%
2020 Biden victory margin: 10.9%
David Valadao (CA-22)
Toss-up
First elected: 2012
2022 Victory margin: 3.0%
2020 Biden victory margin: 12.9%
Mike Garcia (CA-27)
Toss-up
First elected: 2020
2022 Victory margin: 6.5%
2020 Biden victory margin: 12.4%
Young Kim (CA-40)
Likely Republican
First elected: 2020
2022 Victory margin: 13.7%
2020 Biden victory margin: 1.9%
Michelle Steel (CA-45)
Leans Republican
First elected: 2020
2022 Victory margin: 4.8%
2020 Biden victory margin: 6.2%
The most daunting task for this duo is sharing a state caucus with some of the most whacked-out Republicans in Congress, including the aforementioned Biggs and Gozar.
David Schweikert (AZ-1)
Toss-up
First elected: 2010
2022 Victory margin: 0.9%
2020 Biden victory margin: 1.5%
Juan Ciscomani (AZ-6)
Toss-up
First elected: 2022
2022 Victory margin: 1.5%
2020 Biden victory margin: 0.1%
Each of the following is the only Republican member to represent a blue district in their states. Only Bacon hails from a red state.
Don Bacon (NE-2):
Leans Republican
First elected: 2016
2022 Victory margin: 2.7%
2020 Biden victory margin: 6.3%
Tom Kean Jr. (NJ-7)
Toss-up
First elected: 2022
2022 Victory margin: 2.8%
2020 Biden victory margin: 3.9%
Lori Chavez-DeRemer (OR-5)
Toss-up
First elected: 2022
2022 Victory margin: 2.1%
2020 Biden victory margin: 8.9%
Brian Fitzpatrick (PA-1)
Likely Republican
First elected: 2016
2022 Victory margin: 9.7%
2020 Biden victory margin: 4.6%
Jen Kiggans (VA-2)
Leans Republican
First elected: 2022
2022 Victory margin: 3.4%
2020 Biden victory margin: 1.9%
