The Election Denier Script Trump’s Judicial Nominees Are Following

This excerpt is from a piece by Rachel Rossi that originally ran at Democracy Docket on November 5, 2025.

During the confirmation process, Democratic members of the Judiciary Committee have been asking the following question: Did Joe Biden win the 2020 election? It should be a simple answer: Yes. But Trump obviously doesn’t believe that, and he even invited his supporters to stage an insurrection on Jan.6, 2021 to overturn the results. Trump’s nominees know that “yes” is the wrong answer in the eyes of the president, and their extremely cautious answers  demonstrate  a troubling inability to contradict the president who nominated them, even when facts and truth are clear.

So far, they have circumvented this question by replying that Biden “was certified” as the winner. They speak of President Biden winning the election as a technicality rather than actually commenting on whether he won it outright. Here’s Sen. Peter Welch (D-VT) asking Jennifer Mascott — now confirmed as a judge on U.S. Court of Appeals for the Third Circuit — how Biden came to be certified. She refuses to answer.

Sen. WELCH: Who won the 2020 election?Trump nominee: President Biden was certified.Welch: Did he win? Or did he just accidentally get certified?Nominee: *refuses to answer*

— Senate Judiciary Democrats 🇺🇸 (@judiciarydems.senate.gov) 2025-09-04T16:38:33.379Z

Read the complete piece.