WATCH: Trump Nominees FREEZE Over Jan. 6th Question

You wouldn't agree with me that the Capitol was attacked? I just don't agree with the term attack. When I think of attack, I think of assaulting. Were police officers attacked on that day? There was physical violence outside the Capitol that day. But the Capitol Police weren't attacked? What is it about that word that so troubles you? It's not that I'm troubled by it. The term attack, to me, seems to imply like there was a coordinated effort to attack specific things. Senator, as a judicial nominee, I'm here to talk about questions of law, not fact. I know the United States Supreme Court— No, you're here to talk about what we ask you to talk about. And questions of fact are absolutely to the point when we are asking whether you are willing to state facts honestly and candidly because it goes to your integrity and independence. If you're going to be a lapdog to Donald Trump, which is exactly what you're indicating here by failing to answer these questions, we can't approve you as a judge. Who won the 2020 election? Senator, Joe Biden was certified as the winner by this body, the United States Senate, as the president of the United States, as has been the practice since 1804. Mr. Nash? I concur with that answer. Let me go down the line on that question because I think it's a sign of your independence. Who won the 2020 election? Senator Biden was certified as the winner of the 2020 election. I concur with my fellow nominee's answer. I concur as well. Joe Biden was certified as the winner of the 2020 election. I concur. You all concur. That's your independence with the script that the White House has given you? You know how pathetic and absurd you sound to the American public. You know how absolutely unacceptable this kind of answer is where you deny what the facts are. Let me ask you, Mr. Crowl, was the Capitol attacked on January 6th? Senator, I was here in the city. I live right here on Capitol Hill. There was a breach of the Capitol. It was violent. There was law enforcement that was attacked. There was a violent breach of the Capitol. Yes, sir. There was violence and the Capitol was attacked, correct? The Capitol is a structure. What I would say is there were individuals that were attacked to include our law enforcement officers, the people that protect us here in the United States. But you're unwilling to say the Capitol was attacked. I think that goes into a critical question. Senator, my only knowledge of what happened on January 6th was media reports that I have seen. Well, you watched those reports. The Capitol was attacked, was it not? It appears to me clear that there were crimes that were committed on it. What's your answer, sir? I witnessed violence against law enforcement, which I do not condone. As a political nominee, or as a nominee for a judicial vacancy, I'm prohibited from the Judicial Commons from characterizing the events of that day any further. There was public reporting that there were assaults on police officers, and I too absolutely would not condone that conduct. Senator, you used the word attack. Any type of political characterization would be appropriate to comment on under the Judicial Commons. My knowledge is also combined to what I saw through the media. There were attacks on police officers. There was violence and attacks on police officers. It is a matter of public reporting, and I personally have seen police body-worn camera from January 6th of 2021, and I certainly do not condone violence against law enforcement, and that did happen that day. But beyond that, the Judicial Commons would prohibit me from characterizing the events of January 6th. Like Judge Crowell, I watched the events from my home here on Capitol Hill, and I saw absolutely abhorrent violence against officers, other people who were sworn to protect the Capitol. Well, I understand you all condemn violence. We all abhor attacks on police. Not one of you is willing to say that the Capitol was attacked. Again, pathetic and ridiculous. Who won the 2020 election? 2020. Joseph Biden was declared the winner of the 2020 election by a joint session of Congress. He was declared the winner? Yes. The people of America declared him the winner, correct? There was an election, and it proceeded through the normal procedures outlined in the Constitution, including state votes. And he won the popular vote, correct? As a judicial nominee, it would be inappropriate to comment on a disputed political amendment. I'm asking you as a matter of fact. Everybody in America knows the answer to this question. Why are you refusing to give it before this panel under oath? He won the popular vote in the 2020 election, correct? Senator, this is a disputed political matter, and there is ongoing litigation. And as a judicial nominee, I'm not permitted. Who won the Electoral College in the 2020 election? A joint session of Congress determined that Joseph Biden won the Electoral College. Did Donald Trump lose the 2020 election? A joint session of Congress determined that President Trump did not win the Electoral College. Was the Capitol attacked on January 6th? Senator, there was violence and vandalism on that day, including with regard to law enforcement officers. I think all of that was inappropriate and wrong. And illegal. Certainly, there were court findings of- There were convictions. That's correct. And people were convicted of attacking the Capitol, correct? I don't know if any court used the phrase attacking the Capitol. I think the Supreme Court- Well, wouldn't you use it to describe what happened on that day? Everybody in America has seen the videos. Everybody in America knows that Capitol police were injured. Some died. Wasn't it an attack on the Capitol? Senator, it was an attack on a number of individuals, and that was wrong and inappropriate. Why are you unwilling to say honestly and candidly to this committee that the Capitol was attacked? Well, Senator, as a judicial nominee, I'm here to talk about questions of law, not fact. I know the United States Supreme Court- You're here to talk about what we asked you. Joe Biden won the 2020 election, correct, Judge Byrne? Joe Biden was declared the winner of the 2020 election by a joint session of Congress. Well, I think your answers speak for themselves. And unfortunately, you have once again adopted the transcripted answers you've been instructed to give because you lack that essential backbone. I regard these kinds of questions as a test of your prospective independence. And so far, I think you're failing that test. And I hope my colleagues will agree that the Inspector General of the Department of Justice should recognize reality and facts for what they are and be willing to call them out for what they are. Let me ask you, can you assure me, if you're confirmed, that your office will conduct a thorough investigation to allegations that Director Patel engaged in drinking and absences that have interfered with his ability to do his job? What I can commit to is to assess the allegations, run them through the analysis that we do, and we're going to decide whether or not to open the case. And we'll see if there's work to do in that arena. Will you commit that you will complete the audit and inquiry that has begun into the concealment of the Epstein files? You'll recall that Senator Murkowski and I wrote you asking for the audit. We'll finish our audit of the Epstein Files Transparency Act. When will it be done? My goal is one year from when we announced. That is a goal. We're going to push for that. Obviously, there's things that could pop up on occasion that slow things down, but we're going to push through that as well. Our goal is to be as efficient and as accurate as possible in that audit. Will you agree to engage in investigation of the retaliatory firings of agents at the FBI? Again, what I will do is we'll assess whether or not there's an arena for there to take action. Will you respond to that question after you review it, if you're confirmed? I'm happy to talk to your office after we've reviewed and analyzed and assessed those cases. What about loyalty tests at the FBI? Will you review and investigate the use of the loyalty tests there? Again, we'll assess all allegations and we'll run them through our process and see if there's work for us to do there. Thank you, Mr. Chairman.