A straightforward question has become a litmus test for Donald Trump's nominees: Did he lose the 2020 presidential election? The answer is an unequivocal yes, as Joe Biden defeated Trump. However, Trump has consistently struggled to accept this reality, and his nominees are now twisting themselves into knots to avoid acknowledging it.
Judicial Nominees' Evasive Responses
All 40 of Trump's nominees to lifetime federal judgeships have provided misleading or false responses to questions about the 2020 election before the Senate Judiciary Committee. Demand Justice, a progressive judicial advocacy group, analyzed their written answers and found them nearly identical in their evasive characterizations. Instead of directly admitting Trump lost, they point to Biden's certification by Congress or state that Biden served as president—skipping the fact that Biden actually won.
This tactic mirrors that of Republican lawmakers who avoid contradicting Trump's election lies. Josh Orton, president of Demand Justice, told HuffPost that this serves as a loyalty test for Trump. He noted that these judges are announced on Truth Social, and they fear their nominations could be withdrawn if they displease Trump. Orton added that their refusal to plainly state Biden won demonstrates their willingness to perpetuate the lie about the 2020 election and the attempt to overthrow the government.
Avoiding January 6 Questions
Trump's court picks have also dodged questions about the January 6, 2021, Capitol attack. None of the 40 nominees have acknowledged that a violent mob attacked the Capitol. Instead, most described the events as a political debate or issue. One confirmed judge, Maria Ann Lanahan of the Eastern District of Missouri, offered an even more bizarre response: she claimed she could not speak to the details because she was not present at the Capitol at the time.
Similar Evasion in Administration Hearings
The same pattern has emerged in hearings for high-level administration posts. During his confirmation hearing, Homeland Security Secretary Markwayne Mullin avoided directly answering Senator Elissa Slotkin's question about who won the 2020 election, instead stating that Joe Biden was sworn in as president. Similarly, Kevin Warsh, Trump's nominee to the Federal Reserve, dodged Senator Elizabeth Warren's question by saying he tries to keep politics out of the Fed, and later noted that the election was certified years ago.
Grassley's Defense and Democratic Criticism
Senate Judiciary Committee Chairman Chuck Grassley addressed the trend at a recent hearing, criticizing Democrats for relentlessly attacking Trump's nominees over the issue. He argued that under the Constitution, the winner is the one certified by the Electoral College, and he dismissed questions about the popular vote as political theater. However, Orton noted that Grassley's defense inadvertently highlighted the nominees' failure, as he defined the winner as the one with the most electoral votes, not simply the one certified by Congress.
In the same hearing, Senator Dick Durbin pressed appeals court nominee Justin Smith on whether Trump lost the 2020 election. Smith gave convoluted answers about the Electoral College process, avoiding a direct response. Durbin expressed frustration, stating that the reason for the political gymnastics is to test whether nominees can ever say no to Trump in future service.
The evasion of basic facts has become a defining feature of Trump's nominees, raising concerns about their independence and commitment to democratic principles.
