WASHINGTON — Missouri Republican Sen. Josh Hawley faced reports Wednesday that he was leaning back and not paying close attention when House Democrats made their case against former President Donald Trump during the second day of the impeachment trial.
But there was one moment Hawley definitely listened to — when Rep. Eric Swalwell, a California Democrat, distinguished between Trump’s behavior over the weeks leading up to the deadly Jan. 6 riot at the Capitol and that of the senators serving as Trump’s jurors.
“What our commander-in-chief did was wildly different from what anyone here in this room did to raise election concerns,” Swalwell, a former prosecutor, told the Senate as he argued for Trump’s conviction on the charge of incitement of insurrection.
The unexpected lifeline from a Democratic impeachment manager resonated with Hawley, who has faced a wave of criticism and calls for his resignation in the aftermath of the riot.
Hawley was the first senator to announce plans to object to President Joe Biden’s Electoral College victory. It was a move that many, including Hawley’s political mentor, former Missouri Sen. John Danforth, say contributed to the atmosphere that sparked the deadly riot.
“I appreciated ... Rep. Swalwell saying that, you know, that what the members of Congress did was absolutely right and appropriate and democratic and patriotic,” Hawley told reporters.
“I believe he was actually quite firm on that point that having a debate about election integrity was entirely appropriate. He was right about that. That may be the one thing that I really agree with that I’ve heard so far.”
Swalwell didn’t describe the election objectors as patriotic, as Hawley claimed, but he did make explicit distinctions between the former president and the GOP senators who objected to Biden’s win.
“I want to be clear. During this trial when we talk about the violent mob during the attack, we do not mean every American that showed up to protest at President Trump’s rally. Certain Americans came to protest peacefully as is their right,” Swalwell said. “That is what makes our country so great: to debate freely, openly and peacefully and openly our differences. Just like all of you were attempting to do in this very room on Jan. 6.”
Swalwell said Trump’s actions that day and in the weeks leading up to it were different.
“He didn’t tell his supporters to fight or be strong in a casual reference. He repeatedly over months told them to fight for a specific purpose. He told them their victory was stolen, the election was rigged and their patriotic duty was to fight to ‘stop the steal.’”
Swalwell’s distinction between Trump and the GOP lawmakers who supported efforts to overturn the election makes sense in a trial where senators serve as jurors, but it’s in marked contrast to many of his Democratic colleagues.
A slew of House Democrats have called for Hawley to resign, including Missouri Rep. Cori Bush and Kansas Rep. Sharice Davids. Many senators have also echoed the call.
Hawley and Texas Republican Sen. Ted Cruz face an ethics complaint from seven Senate Democrats, who have asked the Senate Ethics Committee to make recommendations on whether the two Republicans should be expelled from office.
Republican lawmakers who backed the efforts to overturn the election echoed Trump’s rhetoric in the lead-up to Jan. 6.
“It’s time to STAND UP,” Hawley said on Twitter four days before the riot.
But Swalwell’s comments give both Hawley and Cruz a way to push back on the notion that they share culpability for the chaos.
Hawley has already indicated his intention to vote for Trump’s acquittal when the trial concludes later this week. But his office has pushed back on reports Wednesday that he wasn’t paying close attention after an MSNBC report described him as sitting in the Senate visitors gallery with his feet up, in contrast to other senators who were at their desks listening intently.
“He is in fact paying attention. Taking notes. He read the briefs from both sides before the trial even started,” Hawley’s chief of staff Kyle Plotkin said in Twitter in response to an MSNBC reporter.
Hawley told reporters that he thinks he has a better view in the gallery, a level above the Senate floor, than from his desk, which is in the corner because of his low seniority. He said he could spread out with his notes and the trial briefs.
Hawley’s campaign has used the impeachment trial as a fundraising opportunity, sending out multiple pleas for cash during the trial.
“The hysteria in Washington over Donald Trump is getting out of hand. Chuck Schumer, Nancy Pelosi, and the rest of the Washington establishment are acting out of pure vengeance — They wanted to impeach Donald Trump before he took office, and they failed,” Hawley’s campaign said in a Tuesday fundraising email.
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