Donald Trump’s nominee for the Department of Justice’s top independent watchdog position declined to characterize the January 6 insurrection as an “attack” during Senate confirmation hearings.

Don Berthiaume, a veteran career employee currently serving as acting inspector general, appeared before senators as part of his nomination process for a permanent appointment on Wednesday.

He was commended by some for his extensive experience and perceived non-partisan approach, despite criticism over the Trump administration’s perceived interference in the DOJ’s operations and concerns about his independence.

Last year, Trump appointed Berthiaume to the acting inspector general role, later nominating him for the permanent position this year.

During the hearing, Democratic Senator Richard Blumenthal of Connecticut questioned Berthiaume about the outcome of the 2020 presidential election, to which he responded, “Joe Biden, as certified by the Senate.”

Blumenthal then inquired about the January 6, 2021, incident in which hundreds breached the U.S. Capitol, with some engaging in violent confrontations with law enforcement and subsequent convictions. Trump later issued pardons and sentence commutations for most participants, some of whom are now pursuing federal compensation through an obscure legal process.

“When directly asked if he would classify the event as an attack on the Capitol, Berthiaume replied, ‘I don’t know if I would use the term “attack.” We had activity outside the Capitol—protests and such,'” Blumenthal recounted.

Blumenthal called the response “the most obvious understatement” and pressed again on the use of the term, noting the documented violence against Capitol police. Berthiaume maintained his position against labeling it an “attack,” though he acknowledged the presence of physical violence.

“The questions were intended to test your prospective independence, and so far I think you’re failing that test,” Blumenthal said. “I hope my colleagues will agree that the DOJ inspector general should recognize reality and facts for what they are.”

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