During a Senate Judiciary Committee hearing, Gregory Carl Cook, a nominee for United States District Judge for the Northern District of Alabama, provided indirect answers when questioned about the winners of past presidential elections. Sen. Adam Schiff (D-Calif.) pressed Cook on his ability to ascertain factual information, using election results as a test.
Schiff initially asked Cook about the 2008 election between Barack Obama and John McCain. Cook responded, "I believe President Obama was sworn into office, so I’m certain he won, Senator." When asked if John McCain lost, Cook conceded, "Yes, Senator."
Similar exchanges followed for the 2012 election between Obama and Mitt Romney, with Cook stating, "Uh, President Obama was sworn into office, so I’m certain he was elected as a matter of law." When asked if Romney lost, Cook replied, "That’s the natural logical, uh, converse of that. Yes."
Regarding the 2016 election, Schiff inquired about Donald Trump and Hillary Clinton. Cook stated, "He was sworn into office... So, as a matter of law, he was elected to that office." Schiff clarified if Trump won, to which Cook responded, "That would be the natural assumption. Yes, Senator." When pressed on whether it was an assumption, Cook confirmed Trump won the Electoral College, stating, "Yes, he won in the Electoral College."
The questioning then shifted to the 2020 election. Cook responded, "Well, Joe Biden was certified by a joint session of Congress, and so, as a matter of law, he was the elected president." Schiff directly asked who won as a "simple matter of fact." Cook answered, "It’s a fact that the Electoral College vote was more for Joe Biden."
Schiff expressed concern over Cook's responses, asking, "Why is it difficult for you to answer a simple factual question about who won presidential elections?" He further questioned how the nominee's approach to such questions would translate to his role in evaluating cases.
The hearing touched upon a pattern of nominees providing noncommittal answers on election results. House Speaker Mike Johnson has previously referred to such questions as "gotcha" questions, though not all Republicans share that view.