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Sen. Adam Schiff pressed a Trump administration nominee during a Senate confirmation hearing, repeatedly asking who won the 2020 presidential election. Schiff urged the nominee to provide a direct answer, arguing the question was a straightforward test of honesty and respect for democratic institutions. After initial hesitation, the nominee acknowledged that Joe Biden won the election through the Electoral College. The tense exchange underscored ongoing political divisions over the 2020 election and broader concerns about the independence and credibility of senior government officials.

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00:04Mr. Cook, in 2008, Barack Obama ran against John McCain.
00:09Who won that election?
00:12I believe President Obama was sworn into office, so I'm certain he won, Senator.
00:20And John McCain lost that election?
00:22Yes, Senator.
00:24Four years later, Barack Obama ran against Mitt Romney.
00:27Who won that election?
00:31President Obama was sworn into office, so I'm certain he was elected as a matter of law, Senator.
00:37And did Romney lose the election?
00:40That's the natural, logical converse of that, yes.
00:46In 2016, Donald Trump ran against Hillary Clinton.
00:49Who won that election?
00:50He was sworn into office, so as a matter of law, he was elected to that office, Senator.
00:56So Donald Trump won that election?
00:59That would be the natural assumption, yes, Senator.
01:03Well, is it really an assumption you have to make?
01:06Did Donald Trump defeat Hillary Clinton?
01:09In the Electoral College, he did, yes, Senator.
01:11Do you have some uncertainty about whether he won that election?
01:14No, I'm trying to be precise about what I'm saying.
01:16Yes, he won in the Electoral College because...
01:19And Joe Biden in 2020, well, in the 2020 election, who won between Donald Trump and Joe Biden?
01:31Well, Joe Biden was certified by a joint session of Congress, and so as a matter of law, he was
01:37the elected president.
01:38But as a matter of fact, who won that election?
01:41He was...
01:42We implement the 12th Amendment, and under that, he was elected...
01:47As a matter of fact, who won that election?
01:49Just as a simple matter of fact.
01:51Somebody asked you out on the street, who won the election in 2020?
01:55What would your answer be?
01:57Who won?
01:58And who lost?
01:58I would say, as a matter of law, he was elected, Senator.
02:02And as a matter of fact?
02:05That...
02:05You're somehow separating the law and facts.
02:07As a matter of actual fact, who won the election in 2020?
02:10It's a fact that the Electoral College vote was more for Joe Biden.
02:17You seem to have real difficulty with that question.
02:19In 2024, Donald Trump ran against Kamala Harris.
02:22Who won that election?
02:24President Trump had more Electoral College votes,
02:27and so the Joint Session Congress certified him as the winner.
02:30So Donald Trump won that election?
02:32As a matter of law, he was elected, Senator.
02:34And Kamala Harris lost that election?
02:36That was the converse, yes, Senator.
02:39And Mr. Kandeb, in 2016, when Donald Trump ran against Hillary Clinton,
02:45who won that election?
02:49Donald Trump was certified as winner by the United States Congress.
02:54Did he, in fact, win?
02:55He was certified as winner.
02:57Did he, in fact, win?
02:59He was certified as winner.
03:00Do you have some doubt about whether he won?
03:02Well, under our constitutional structure, it is the states that have...
03:06My question is, do you have some doubt about the outcome?
03:08I have no doubt that the U.S. Congress certified Donald Trump...
03:12No, I don't ask you that question.
03:14Do you have any doubt that Donald Trump won the election?
03:16I have no doubt that under our constitutional structure...
03:19Well, that's really not my question.
03:22In 2020, who won the election?
03:28The United States Congress certified...
03:31Why is it difficult for you to answer a simple, factual question about who won presidential elections?
03:36When did it become so difficult to answer such a simple question?
03:42And how can we expect you to rely on the facts when you're evaluating a case?
03:52Mr. Cook, when you're evaluating a merger?
03:55Mr. Kandeb, how do we expect...
03:57How can we expect you to rely on the facts when you have such difficulty staving the obvious?
04:07Mr. Kandeb, when you met with my staff yesterday, you said you stood by your previous comments,
04:15including op-eds you wrote for white nationalist websites like Vidare.
04:21In one of those, in an article titled Immigration and Three Twitchy Jewish Nerves,
04:26you stated, quote,
04:27Muslim immigrants and their children seem prone, not only to terrorism, but to cultural separatism.
04:34Do you stand by that statement?
04:39Senator, I wrote that article in defense of Donald Trump's travel ban, which I thought was essential.
04:44Mr. Well, that's not my question.
04:45My question is, you told my staff you stood by your previous statements.
04:48Do you stand by that one?
04:50I stand by those articles.
04:51They were defenses against terrorism.
04:54So you stand by that statement.
04:55So what do you mean that Muslim immigrants and their children are prone to terrorism?
05:04I wrote those articles...
05:06I'm not asking you...
05:07You already said you stand by that statement.
05:09So what do you mean by that?
05:11I'm trying to explain.
05:13I wrote those articles in defense of Donald Trump's travel ban, which is to protect us against terrorism.
05:19And I thought that terrorism is, continues to be a tremendous threat to all Americans.
05:25And you think that Muslim immigrants and their children are somehow prone to terrorism?
05:32I wrote in support of the travel ban.
05:35I'm aware of why you wrote the article.
05:37My question is, and I would like an answer, do you stand by your statement that Muslim immigrants and their
05:45children seem prone to terrorism?
05:46I stand by the article I wrote, the travel ban was being...
05:52Well, then that's all I need to know.
05:54I yield back.
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