Alabama Attorney General Steve Marshall refused to say Joe Biden is the “duly elected” president of the United States when asked during witness testimony Thursday at the confirmation hearing for Judge Ketanji Brown Jackson.
Marshall was invited by Republicans to deliver witness testimony at the Senate Judiciary Committee hearing for Jackson. He was among the attorneys general who filed a lawsuit challenging the results of the 2020 election after former President Donald Trump made unsubstantiated claims of systemic voter fraud. The suit asked the Supreme Court to throw out the election results in battleground states.
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During the hearing, Sen. Sheldon Whitehouse asked Marshall, “Is Joseph R. Biden of Delaware the duly elected and lawfully serving president of the United States of America?”
Marshall replied, “He is the president of this country.”
The Rhode Island Democrat pressed Marshall on his response, asking, “Is he the duly elected and lawfully serving president of the United States?”
“He is the president of our country,” Marshall said.
Whitehouse asked if he was “omitting the language ‘duly elected and lawfully serving’ purposefully?”
“I’m answering the question,” Marshall said. “He is the president of the United States.”
Whitehouse asked, “You have no view as to whether he was duly elected or is lawfully serving?”
“I’m telling you he’s the president of the United States,” Marshall said.
Whitehouse later shared the exchange on Twitter, writing, “If you cannot accept the results of a free and fair democratic election, you have no grounds to criticize or evaluate a Supreme Court nominee.”
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If you cannot accept the results of a free and fair democratic election, you have no grounds to criticize or evaluate a Supreme Court nominee. pic.twitter.com/fU6aCeeWvF
— Sheldon Whitehouse (@SenWhitehouse) March 24, 2022
A spokesperson for Marshall did not respond to a request for comment.
