WASHINGTON, D.C. — Four judicial nominees of Donald Trump declined under oath to directly state whether Joe Biden won the 2020 presidential election or whether the U.S. Capitol was attacked on Jan. 6, 2021, during testimony before the Senate Judiciary Committee this week.
The nominees — acting U.S. Attorney John Marck and Executive Assistant U.S. Attorney Arthur “Rob” Jones of the Southern District of Texas, along with Michael Hendershot of Ohio and Jeffrey Kuntz of Florida — each said Biden had been “certified” as the election winner but did not explicitly affirm that he won.
When asked about the Jan. 6, 2021 incident, they characterized the matter as politically controversial and cited judicial conduct rules, saying it would be inappropriate to comment.
Legal experts and Democratic lawmakers sharply criticized the responses. Richard Blumenthal called the nominees’ answers inadequate, questioning their independence and fitness for lifetime judicial appointments.
“I am amazed and really appalled that nominees for a lifetime appointment to the federal bench are unwilling to respond on an issue of fact,” Blumenthal said during the hearing.
Carl Tobias, a law professor at the University of Richmond, described the exchange as indicative of increasing partisanship in the judicial confirmation process.
“The process is just deteriorating, and partisanship and politicization are just rampant,” Tobias said.
Trump has repeatedly claimed, without evidence, that the 2020 election was stolen, despite court rulings rejecting challenges to the results in multiple states. The claims were reiterated ahead of the January 6 United States Capitol attack, when a mob stormed the Capitol and temporarily disrupted certification of the election outcome.
More than 1,500 individuals were later charged in connection with the attack. After returning to office in 2025, Trump issued pardons for most of those convicted.
The nominees’ testimony follows similar responses from previous Trump judicial picks, including Nicholas Ganjei, who was recently confirmed to the Southern District of Texas.
There are currently four vacancies on the federal bench in the Southern District of Texas, which includes courts in Houston and Galveston.
The Judiciary Committee is expected to vote before Memorial Day on whether to advance the nominations to the full Senate, where votes on judicial nominees have often followed party lines.
