All 53 federal judges appointed by Donald Trump during his second term have avoided directly stating that the Republican lost the 2020 presidential election to Democrat Joe Biden, according to their Senate confirmation hearings and official records. The judges have said instead that Congress certified Biden as the winner and that he served as the 46th US president—even when senators pressed them for a clearer answer.
Some nominees have cited the US judicial code of conduct, arguing that commenting on the election could appear to express a view on a political dispute. Among Trump’s nominees are Emil Bove, Matthew Schwartz and Justin Smith, three of the president’s personal lawyers who have been selected for positions on federal appeals courts.
Democrats and legal analysts have described the uniform responses as an apparent effort to avoid displeasing Trump, and have raised concerns about judicial independence. Carl Tobias, a University of Virginia law professor who studies judicial nominations, said he had not seen such a widespread pattern of similar answers. He disagreed that the judicial code applies to a question about Biden’s victory, while noting that administrations have long prepared nominees for confirmation hearings—a practice he said is neither illegal nor unethical.
Democratic Senator Richard Blumenthal of Connecticut has used his time during the hearings to challenge nominees over their answers. He has also asked them about the January 6, 2021, attack on the Capitol, when Trump supporters sought to stop Congress from certifying Biden’s victory. Some nominees have condemned the violence, but all have described the matter as subject to litigation and qualified their responses about whether to call it an attack or an insurrection.
The nominations come as Republicans seek to speed up confirmations, including by scheduling more hearings after this month’s elections. The article reports that the party wants to secure Trump’s nominees in case Democrats regain control and block his choices. Federal judges, from trial courts to the Supreme Court, are nominated by the president and confirmed by the Senate; appointments to federal courts established under Article III of the Constitution are for life.
Trump has nominated 53 judges in his current term, about 6% of federal judicial positions subject to presidential appointment. During his first term, he appointed 231 judges to federal trial and appeals courts, the same number as Biden. Across both terms, Trump’s total stands at 284, or 33% of those judges.
The article also describes the administration’s preparations for the midterm elections. Trump said on October 26 that he would respect the results “if they are honest.” The previous day, he offered $1 million to anyone who reported fraud in past elections or the coming vote. In September, he said that if Republicans retained control of Congress, he would send a $5,000 check to every adult in the country.
Trump has also pressed for passage of the SAVE America election bill, which includes a requirement for voter identification documents. The bill passed the House but stalled in the Senate. Civil liberties groups, including the American Civil Liberties Union, say the measure could restrict voting access for an estimated 21 million voters.
Sources: Folha Mundo.