A judicial nominee handpicked from President Donald Trump’s own legal team declined to answer Democratic senators’ questions Wednesday about which candidate won the popular vote in the 2020 election.
During his appearance before the Senate Judiciary Committee, Justin Smith repeatedly responded only that Congress certified former President Joe Biden’s victory over Trump in 2021, prompting Democratic members of the panel to raise concerns about whether Smith would serve as an objective judge if confirmed to the 8th U.S. Circuit Court of Appeals.
Sen. Richard Blumenthal of Connecticut, the second Democrat to question Smith on the issue, grew frustrated when the nominee said the popular vote is not contemplated by the Constitution and that Congress had certified the electoral votes for Biden.
“You’re going to give me the same rote answer that frankly makes you look ridiculous, if not pathetic,” said Blumenthal.
