Don Berthiaume, President Donald Trump’s nominee for permanent inspector general at the Department of Justice, told senators Wednesday he does not consider the Jan. 6, 2021, breach of the U.S. Capitol an “attack,” according to a report from The Guardian.
The hearing before the Senate Judiciary Committee included questioning from Sen. Richard Blumenthal (D-Conn.), who first asked Berthiaume who won the 2020 presidential election. Berthiaume responded that Joe Biden won, as certified by the Senate.
Blumenthal then turned to the events of Jan. 6, 2021. “Was the Capitol attacked on January 6?” Blumenthal asked, according to The Guardian.
“I don’t know if I would use the term ‘attack,’” Berthiaume replied. “I mean, we had activity outside the Capitol, protests and such.”
Blumenthal called the response “the most obvious understatement” and again pressed the nominee, noting the violence against Capitol police. Berthiaume again said he didn’t agree with the word “attack,” though he acknowledged there was physical violence, The Guardian reported.
Blumenthal said his questions were intended as “a test of your prospective independence, and so far I think you’re failing that test.”
Berthiaume is a career Justice Department employee who has been serving as acting inspector general since last year, when Trump tapped him for the role. Trump later nominated him for the position permanently. The inspector general is responsible for independent oversight of the department, an agency that has faced criticism for its lack of independence from the president, according to The Guardian.