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Washington, D.C. – President Donald Trump’s nominee to permanently serve as the Justice Department’s inspector general declined during a Senate hearing to call the January 6 Capitol riot an “attack,” drawing criticism from Democratic senators who questioned his independence.

Don Berthiaume, a career Justice Department employee who has been serving as acting inspector general, appeared before senators Wednesday as part of his confirmation process. The inspector general’s office is meant to operate independently inside the department, investigating misconduct, waste, abuse, and political interference.

Sen. Richard Blumenthal, D-Conn., asked Berthiaume whether the Capitol was attacked on January 6, 2021. Berthiaume replied, “I don’t know if I would use the term ‘attack,’” and described “activity outside the Capitol, protests and such.” He acknowledged there was physical violence but again declined to accept Blumenthal’s wording.

Berthiaume did say Joe Biden won the 2020 election “as certified by the Senate.” Blumenthal said the exchange was a test of whether Berthiaume would acknowledge basic facts while overseeing a Justice Department under renewed political scrutiny.

The hearing comes after Trump pardoned or commuted sentences for nearly all Jan. 6 defendants after returning to office.

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