President Donald Trump’s nominee to lead the Justice Department’s internal watchdog office faced sharp questioning during his Senate confirmation hearing after repeatedly declining to describe the violence of January 6, 2021, as an “attack.”
Don Berthiaume, Trump’s nominee for Justice Department inspector general, told senators on Wednesday that he was not sure he would use that specific word to describe the events that interrupted Congress as lawmakers were certifying the 2020 presidential election results.
Berthiaume said there had been activity outside the Capitol, including protests, and acknowledged that violence occurred on Capitol grounds. However, he stopped short of agreeing with Democratic senators that the Capitol had been attacked.
Richard Blumenthal Presses Nominee on Capitol Violence
During the hearing, Democratic Sen. Richard Blumenthal of Connecticut asked Berthiaume directly whether the Capitol was attacked on January 6.
Berthiaume answered that people had gathered on Capitol grounds, some entered the Capitol building, and that such entry appeared to be unlawful. He also recognized that physical violence happened outside the building.
Still, he said he did not agree with using the term “attack.” In his view, the word suggested a coordinated effort aimed at specific targets, and he did not want to characterize the day that way.
Blumenthal continued pressing him on the issue, using the exchange to test whether the nominee was willing to clearly describe the seriousness of the events.
Role of the DOJ Inspector General
The position of inspector general was created by Congress after the Watergate era as part of a broader set of reforms in the 1970s.
Inspectors general are responsible for investigating waste, fraud, abuse, misconduct, and mismanagement inside executive branch agencies. The Justice Department inspector general plays a particularly important role because the office oversees internal accountability within one of the federal government’s most powerful departments.
Berthiaume has previously worked as an attorney in the Justice Department’s inspector general office and has also held oversight-related roles in other federal agencies.
Nominee Asked Who Won the 2020 Election
Earlier in the hearing, Blumenthal also asked Berthiaume who won the 2020 presidential election.
That question has caused difficulty for several Trump nominees in confirmation hearings for judgeships and other government roles. Berthiaume responded in a similar way to some previous nominees, saying that Joe Biden had been certified as the winner.
He denied having any discussions with the White House about how he should answer questions related to the 2020 election.
Blumenthal later said he raised questions about both the 2020 election and January 6 to evaluate Berthiaume’s independence.
Concerns Over Inspector General Independence
The hearing also came against the backdrop of Trump’s broader actions toward inspectors general.
Trump has taken several steps that critics say weakened the independence of watchdog offices, including mass firings of inspectors general. Those removals did not follow the procedures Congress established for terminating such officials.
A federal court later found that the firings were likely unlawful, though it declined to return the dismissed inspectors general to their posts.
During Wednesday’s hearing, Berthiaume said he agreed with the court’s conclusion that the terminations violated the law.
Don Berthiaume’s confirmation hearing highlighted major questions about the independence of the Justice Department’s internal watchdog office. His refusal to call January 6 an “attack,” his carefully worded response about the 2020 election, and his comments on Trump’s inspector general firings drew close attention from senators. As the nominee for a role designed to investigate misconduct within the federal government, Berthiaume’s answers are likely to remain central to the debate over his confirmation.