Don Berthiaume, Donald Trump's nominee to permanently lead the Justice Department's inspector general office, declined to characterize the January 6 Capitol breach as an attack during his Senate confirmation hearing Wednesday, instead describing it as 'protests and such.'
Berthiaume, a career Justice Department employee currently serving in an acting inspector general capacity, faced sharp questioning from Senator Richard Blumenthal, a Connecticut Democrat, about his willingness to speak plainly about the 2021 Capitol riot.
When Blumenthal asked directly whether the Capitol was attacked on January 6, Berthiaume hedged. 'I don't know if I would use the term attack,' he said, pivoting to describe 'activity outside the Capitol, protests and such.'
Pressed further on the matter, particularly regarding documented violence against Capitol police, Berthiaume maintained his resistance to the word 'attack' while acknowledging there was physical violence.
Blumenthal called the response 'the most obvious understatement' and used the exchange to test what he saw as a fundamental measure of the nominee's independence. 'I think you're failing that test,' the senator told Berthiaume, later adding that the inspector general position requires someone who will 'recognize reality and facts for what they are.'
Trump appointed Berthiaume to the temporary role last year before nominating him for the permanent position in 2024. Some observers have noted that, as a longtime department employee without overtly partisan credentials, Berthiaume represents a less obviously loyalist choice than some other Trump Justice Department appointees. The department itself has drawn criticism for pursuing the president's agenda while lacking independence from the White House.
During the hearing, Berthiaume did acknowledge that Joe Biden won the 2020 election when asked by Blumenthal, stating the result 'as certified by the Senate.'
Trump has since pardoned or commuted sentences for nearly all those convicted in connection with the January 6 breach, some of whom have begun seeking federal payouts through obscure legal claims processes.
Author James Rodriguez: "Berthiaume's refusal to plainly describe what happened on January 6 suggests the inspector general's office may continue to operate more as an extension of the White House than as an independent watchdog."
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