President Donald Trump’s retribution campaign against his political adversaries could soon hit the Senate — and lawmakers are already bracing for impact.
After securing the indictments of former FBI Director James Comey and New York Attorney General Letitia James, Trump has his sights set on Sen. Adam Schiff, the California Democrat who as a member of the House managed the president’s first impeachment trial.
If Schiff ends up indicted on allegations of mortgage fraud — a charge he has vehemently denied — or for any other claim, it would mark an unprecedented escalation for Trump to target an outspoken political adversary who is also a federal elected official.
As Schiff solicits dollars for a legal defense fund and builds an expansive political operation prepared to do damage control around any potential charges, Schiff’s Democratic colleagues in Congress are increasingly anxious about their own vulnerability. They are also frustrated with the unwillingness of Republican senators to speak out on Schiff’s behalf.
“I’ve spoken to a number of Republicans, and they are certainly disquieted, if not dismayed, by the increasing weaponization of the Department of Justice,” said Sen. Richard Blumenthal (D-Conn.). “Because it tears down the norms and rule of law that protects them and all Americans, as well as Adam Schiff and Democrats who may be targeted by Trump.”
It has been just a few months since news broke that Schiff was being investigated for mortgage fraud relating to the financing of his Maryland residence — and weeks since Trump in a social media post called on Attorney General Pam Bondi to go after Schiff, Comey and James. Recent reports have suggested the case against Schiff has stalled as prosecutors are said to be struggling to find sufficient evidence to bring up charges.
“[Trump has] been more than willing to go after his political opponents — to go after universities, to go after law firms, to go after media organizations,” Schiff said last week. “It’s all part of the same effort to silence and intimidate critics and, I think, needs to be recognized for what it is.”
The investigation remains ongoing, however. And FBI Director Kash Patel, another longtime Schiff foe, continues to brandish accusations that Schiff, as chair of the House Intelligence Committee, sought to leak potentially damaging information about Trump.
A report from the DOJ Office of Inspector General, in which names have been redacted, found that the witness levying the leaking charges against Schiff had “little support for their contentions.” Schiff, through a spokesperson, has denied the claims.
Lawmakers of both parties are now closely watching to see what will become of Schiff. Interviews with senators revealed concerns that their institution is at risk of becoming further polarized if the DOJ goes ahead with charges.
“You can’t go around threatening people everyday and have a collaborative environment,” said Sen. Maria Cantwell (D-Wash.).
Democrats are on edge, worrying a Schiff indictment would open the floodgates to more targeting of Democratic elected officials. Many Republicans are either visibly uncomfortable with the dynamics or unwilling to weigh in on a matter that could put them crosswise with the president.
Because Trump took the step of publicly calling on his attorney general to go after Schiff — a break with historical precedent in which the White House has kept its distance from the Justice Department — an indictment would play out differently on Capitol Hill than past episodes where lawmakers have found themselves under legal scrutiny.
The most recent senatorial indictment — of Sen. Bob Menendez (D-N.J.), accused of bribery in 2023 — presented an awkward situation for many of his longtime colleagues in both parties. Most Democrats repeated the “innocent until proven guilty” mantra while praising him for stepping aside from his leadership post atop the Senate Foreign Relations Committee as the case worked through the system.
Menendez was convicted at trial and is now serving an 11-year prison sentence. In recent months, he has sought to endear himself to Trump, who has pardon-granting power.
But Schiff’s indictment would challenge those old norms in almost every way. Democrats are expected to rush to his defense and blast the Trump administration for carrying out a personal vendetta. Many Republicans will have to decide how strongly to push back, if they do at all.
Senate Democrats concede they are nervous about the looming threat. Sen. Elissa Slotkin of Michigan, for instance, said in an interview her team has been in touch with Schiff’s office about how to prepare to be the subject of a Trump investigation.
“We’ve already created a break-glass plan for ourselves if the spotlight turns to others in the caucus,” said Slotkin. A former CIA analyst from a swing state, her decision to support impeaching Trump in 2019 helped catalyze the successful vote in the House.
“It’s based on the experience we’ve watched Adam go through,” she continued of her own preparations. “How do you have a lawyer ready to go? How do you make sure … you know the legal left and right limits of what you can and cannot do? How do you think about a legal defense fund? I mean, there’s a lot of details.”
Schiff’s national profile precedes his current predicament, which means he’s had a considerable infrastructure supporting him. In the years between his election to the House in 2000, his rising to prominence during the first Trump administration, and then winning a Senate seat last year, he has assembled a team of Democratic firms and advisers.
He is standing up a legal defense fund and has an $8.6 million campaign war chest, more than $2 million of which was raised in the year’s most recent fundraising quarter alone — notable because he is not up for reelection until 2030.
A spokesperson for Schiff would not say how much cash is currently in the legal defense fund, but donations from any unrelated individual into that fund cannot exceed $10,000 per fiscal year and lawmakers cannot transfer campaign money into the account. Per Senate rules, members may set up a legal expense trust fund to pay for their defense, but they have to regularly disclose contributions and spending to the Senate Ethics Committee.
Schiff is being represented by the legal giant WilmerHale; one of his lawyers is Preet Bharara, a former U.S. attorney in the Southern District of New York who was fired by Trump in 2017 for refusing to follow orders to resign as a Barack Obama-era appointee.
On Capitol Hill, Democrats want Republicans to step up and offer support, too.
“We’re in the middle of a totalitarian takeover, in part, because even threatening major political figures like Adam Schiff … with arrest undoubtedly has a chilling impact on political speech,” Sen. Chris Murphy (D-Conn.) said in an interview. “It’s been heartbreaking to see relative silence from Republicans in the face of these threats.”
Schiff said he has not yet heard directly from GOP colleagues about his case. However, Murphy is among some Senate Democrats, including Blumenthal, who say they are privately back-channeling with Republicans about the DOJ’s actions against Trump’s political enemies, including Schiff.
For many of the Republican Senators who work alongside Schiff daily, the situation is complicated. Notoriously chatty Sens. Lindsey Graham (R-S.C.) and John Kennedy (R-La.) — Trump loyalists who serve with Schiff on the Senate Judiciary Committee — declined to discuss the matter.
Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) would only point to the probe’s reportedly dimming prospects when asked for his reaction to the case.
“I just go by what I saw on television, that the people in the Justice Department thought … it was a difficult case to win,” he said.
A spokesperson for the Department of Justice declined to comment and pointed to a recent social media post from Deputy Attorney General Todd Blanche denying news reports about the obstacles in charging Schiff for mortgage fraud.
Some Senate Republicans are avoiding comment on Schiff’s predicament by maligning former President Joe Biden for weaponizing the Justice Department — exactly what Democrats say is happening now under Trump.
“I don’t know the underlying facts, but I believe the Department of Justice should enforce the law and not be weaponized the way it was for four years under Joe Biden,” said Sen. Ted Cruz (R-Texas) in an interview.
Further underscoring the treacherous terrain in which Schiff now finds himself is that some Republicans are outwardly eager to have him targeted.
“Adam Schiff was probably the most corrupt member of Congress when it came to pushing the totally false collusion hoax. … He used his position as chair of Intel to push that thing,” said Sen. Ron Johnson (R-Wis.). He was referring to the accusations during the first Trump impeachment trial that centered around claims that Trump pressured Ukrainian President Volodymyr Zelenskyy to dig up information about Biden.
Johnson, the chair of the Senate Permanent Subcommittee on Investigations, is now leading an inquiry into revelations that Biden special counsel Jack Smith obtained the phone records of Republican lawmakers as part of his probe into Trump’s efforts to overturn the 2020 presidential election results.
“It’s unfortunate the Democrats in California would elect someone like that who’s been censured by the House, that is so thoroughly proven a liar,” said Johnson, referring to a Republican-led 2023 House effort to condemn Schiff for his role in investigating Trump.
“He needs to be investigated,” he added.
