Alabama Legal professional Basic Steve Marshall refused to say Joe Biden is the “duly elected” president of the United States when questioned during witness testimony Thursday at the confirmation listening to for Decide Ketanji Brown Jackson.

Marshall was invited by Republicans to supply witness testimony at the Senate Judiciary Committee hearing for Jackson. He was between the attorneys standard who filed a lawsuit demanding the benefits of the 2020 election immediately after former President Donald Trump made unsubstantiated claims of systemic voter fraud. The fit asked the Supreme Court to toss out the election effects in battleground states.

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For the duration of the listening to, Sen. Sheldon Whitehouse requested Marshall, “Is Joseph R. Biden of Delaware the duly elected and lawfully serving president of the United States of The united states?”

Marshall replied, “He is the president of this nation.”

The Rhode Island Democrat pressed Marshall on his response, inquiring, “Is he the duly elected and lawfully serving president of the United States?”

“He is the president of our state,” Marshall stated.

Whitehouse asked if he was “omitting the language ‘duly elected and lawfully serving’ purposefully?”

“I’m answering the question,” Marshall explained. “He is the president of the United States.”

Whitehouse asked, “You have no perspective as to no matter whether he was duly elected or is lawfully serving?”

“I’m telling you he is the president of the United States,” Marshall said.

Whitehouse later on shared the exchange on Twitter, composing, “If you can not accept the success of a no cost and good democratic election, you have no grounds to criticize or evaluate a Supreme Court nominee.”

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A spokesperson for Marshall did not react to a request for remark.