Democrat put on the spot for 'refusing to condemn' Trump's conviction

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Swing state Democrats running for election this year are in a tough spot after the highly divisive conviction of former President Donald Trump . Ohio Republican Bernie Moreno's campaign is running a new five-figure ad buy attacking Moreno for 'refusing to condemn' the Biden Justice Department's prosecution of Trump.

The clip opens and closes with Brown saying: ' Joe Biden 's politics now are not much different from mine.' 'It doesn't matter the issue, Sherrod Brown stands with Biden even as he turns the judicial system into a weapon to interfere in the presidential election,' it says. 'Sherrod Brown stands by refusing to condemn Biden's politically motivated witch hunt because Sherrod Brown stands with Joe Biden.'

Brown is facing a tough reelection campaign in increasingly red Ohio. The populist-minded Democrat bucks his party on some issues, but had a tepid response to a jury finding Trump guilty on 34 counts of falsifying business records. 'I'm not a lawyer or a judge, but I've said from the beginning that no one is above the law. Ultimately, this is up to the legal system to sort out and for the American people to decide in November,' the senator said.

Moreno, who has the backing of Donald Trump, is running behind Brown 42.3 to 37.3 percent, according to a RealClearPolitics polling average. Brown won his last two races by six points. Republicans have raked in political support in light of the Trump conviction - RNC co-chair Lara Trump said Sunday the RNC collected over $70 million in the first 48 hours after he verdict was read.

Other vulnerable Democrats have either carefully crafted statements about respecting the judicial outcome or stayed silent. A spokesperson for Montana Democrat Jon Tester said he 'respects the judicial process and believes everyone should be treated fairly before the courts, and voters will have the opportunity to make their voices heard at the ballot box in November.' Tester is facing off against Republican Tim Sheehy.

Sen. Jacky Rosen, D-N.M., said in a statement: 'Every American, even a former president, is subject to the rule of law and must be held accountable for criminal actions. A jury has made its decision, and I respect our legal system and the outcome of this fair and impartial process.' Pennsylvania Democrat Bob Casey and Wisconsin Democrat Tammy Baldwin have not weighed in on the matter.

Republicans are aggressively trying to take back control of the Senate in November. A prediction by FiveThirtyEight says they are 'slightly favored' to do so. The jury of seven men and five women made their decision as the former President faced 34 counts of falsifying business records on Thursday. His sentencing date is set for July 11.

It comes after five weeks of dramatic evidence and 22 witnesses being quizzed on the stand. The case is the first time a former U.S. President has faced a criminal trial. The Trump team has vowed to appeal the conviction. He will now face the Appellate Division in Manhattan, and possibly the Court of Appeals, and will remain free on bail while he appeals.

The charges Trump faced each carried a maximum potential sentence of up to four years in prison. Jurors had the option of convicting Trump of all counts, acquitting him of all counts, or delivering a mixed verdict in which he was found guilty of some charges and not others .

Falsifying business records would typically be a lower-level misdemeanor, but his charges have been raised to felony level because of a second crime: attempting to influence the 2016 election. The judge could consider the unprecedented nature of the case and choose not to put a former president and current candidate behind bars.

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