Trump’s top DC prosecutor nominee claims not to recall numerous past controversial statements under oath
By Annie Grayer, Andrew Kaczynski and Em Steck, CNN
(CNN) — Ed Martin, President Donald Trump’s nominee to serve as US attorney for Washington, DC, did not recall some of his most controversial past statements in response to a series of questions put to him by members of the Senate Judiciary Committee, reviewed by CNN.
In his written responses, which were submitted under oath, Martin deflected and distanced himself from his past inflammatory rhetoric and comments on Democrats, the January 6, 2021, Capitol riot and the federal justice system.
Martin refused to say unequivocally there was violence on January 6, 2021, and would not directly answer if he believed the 2020 election was stolen. He also didn’t close the door on the idea that Trump could serve a third term as president.
A CNN review of Martin’s responses reveals that in a number of instances, his answers fall short of accurately reflecting positions he has held in a years-long career as a Republican activist and conservative commentator.
For example, asked if he ever equated a Democratic politician to Adolf Hitler, Martin wrote, “I do not recall doing so.”
Yet in an October 2022 episode of his own podcast, “The Pro-America Report with Ed Martin,” Martin said, “President Joe Biden is Hitler.”
“There’s only one character on the world stage right now who actually is utilizing some of the techniques, maybe many of them that were used by people like Hitler and by Hitler himself. And that’s Joe Biden,” Martin added.
Martin also told the committee under oath that he would “never promote or engage in white nationalism or antisemitism.” Yet Martin has in the past engaged with individuals and groups that have been known to perpetuate them.
Martin previously appeared on a podcast hosted by VDARE, an anti-immigration website known for publishing content from White nationalists. He failed to disclose his appearance on the podcast in his initial paperwork to the committee, according to a spokesperson for Democratic Sen. Dick Durbin, the ranking member of the Judiciary Committee.
Martin appeared on the VDARE “Book Club” podcast in April 2021 to promote the book, “A Choice Not An Echo” which was written by conservative activist Phyllis Schlafly, Martin’s former boss and mentor.
The Anti-Defamation League calls VDARE “a racist and anti-immigrant website” that “features many white supremacists.”
In the April 2021 appearance, Martin praised the site, calling himself a “big admirer” of its work. The interview was conducted by an openly self-identified White nationalist who writes under the pen name James Kirkpatrick and recently said, “I think race should be the foundation of the state.”
Martin has also repeatedly hosted VDARE founder Peter Brimelow on his former radio show, calling him “a guy worth listening to” and “a pretty good authority” about immigration during one 2018 appearance. Those appearances were also not disclosed to the committee.
Martin also shared VDARE’s website in a post on Facebook in November 2019.
A spokesperson for Martin did not comment to CNN on the appearances or non-disclosures.
Martin was also asked if he had “ever denigrated the service of any police officer who suffered injuries while defending the Capitol on January 6?” Martin replied: “Not that I recall. Additionally, police officers perform an important role in our society. Law enforcement work is (a) challenging one and their work is subject to often critical scrutiny. I support and respect the men and women who take on this role.”
But on his podcast in 2024, Martin claimed two officers who defended the Capitol on January 6 “appear to have lied” about being “mistreated” and accused them of possible perjury. Martin singled out former DC police officer Michael Fanone — whom he called a “fake cop” on social media in 2024 — and former Capitol Police officer Harry Dunn, suggesting both fabricated their accounts of the attack.
Fanone was stun-gunned several times and beaten with a flagpole during the attack. He suffered a heart attack and a concussion during the riot and has dealt with both a traumatic brain injury and post-traumatic stress disorder since.
Martin faces a tough confirmation battle to become DC’s top prosecutor as Democrats try to stall the process and force Republicans to hold a hearing on his nomination. He’s drawn attention for a number of controversial moves during his tenure, including referring to the nation’s largest office of federal prosecutors as “President Trumps’ (sic) lawyers,” and demoting senior attorneys who worked on January 6, 2021, Capitol riot cases. Martin’s time as interim US attorney runs out on May 20.
Since being nominated, Martin failed to report hundreds of media appearances he’s made in the past few years, including many on far-right outlets and Russian-state media, when he first filed his mandated disclosure forms to Congress. And his disavowal of an alleged Nazi sympathizer is undercut by his previous praise of the individual.
Durbin pointed out the holes in Martin’s latest response to the panel.
“Overall, these responses, which are under oath, leave me with even more questions and further underscore the need to hear live testimony from Ed Martin at a hearing,” Durbin said in a statement to CNN. “Mr. Martin makes a number of false statements that are easily debunked and dodges at least 80 questions outright, stating he doesn’t ‘recall’ the answer to a question more than 39 times, ‘I don’t know’ more than 21 times, and some variation of ‘can’t discuss this matter’ more than 20 times.”
The top Republican on the committee, Iowa Sen. Chuck Grassley, has previously indicated that he would not hold a hearing on Martin’s nomination, in keeping with precedent of the committee never holding a hearing on nominees for the role of US attorney for Washington. Right now there is no vote scheduled on Martin’s nomination.
In one of his podcast episodes, which aired just days after the Capitol attack, Martin said, “They talk about police officers wounded. I think the word is injured. I’m not sure people were wounded.”
In his answers to the committee, he asserted he did not remember whether he said federal prosecutors who sought tough sentences against January 6 rioters denigrated the judicial system.
“Not that I recall,” Martin wrote in his answers to the Senate Judiciary Committee.
“It’s deeply, deeply discouraging and profoundly worrying that our judicial system, our legal system, is being used the way it is against people,” said Martin on his podcast from November 2023. “The crown jewel of America is our Constitution and the rule of law and the founding values.”
Martin dodges on key topics
When asked if he ever claimed that there was no violence at the Capitol on January 6, Martin said, “I am uncertain about the context of your question.”
Martin served as a defense attorney for a handful of January 6 rioters and attended Trump’s speech at the Ellipse near the Capitol that day.
“I did not personally witness any violence that day,” he added.
Democratic Sen. Chris Coons asked Martin: “Did President Joseph R. Biden win the 2020 presidential election? I am not asking if President Biden was certified as the winner of the 2020 presidential election.”
Martin responded, “The Electoral College determined that Joseph R. Biden Jr. received more than 270 electoral votes in 2020; at least 270 electoral votes are needed to win a presidential election.”
When asked if he believed the 2020 election was “stolen,” Martin also referred them to that answer.
On whether the Constitution prevents Trump from serving a third term as president, Martin said, “In my career as a lawyer, I have not had occasion to study this issue in depth.”
Last month, Trump did not dismiss the idea in a interview with NBC News despite the Constitution prohibiting it. The 22nd Amendment states: “No person shall be elected to the office of the President more than twice.”
Instead of answering directly whether he has called for the dismantling of the FBI, Martin replied, “I have commented on the performance of many government agencies at times in our country’s history. I strongly support the role of law enforcement in our society, and I am confident that Director (Kash) Patel will lead the FBI effectively.”
Martin also mostly dodged questions on his past statements about abortion. When asked specifically whether he expressed support for imprisoning women who obtain abortions on murder charges, Martin demurred: “My opinions will not influence my decision as the United States Attorney for the District of Columbia. If confirmed, I pledge to uphold the Constitution and laws of the United States.”
CNN previously reported that Martin, in a podcast episode from May 2022, argued to flip abortion rights advocates’ framing that if it was a woman has a right to an abortion, then women could not be imprisoned for getting an abortion. But, Martin said, if the argument was reframed as being about a “baby”, the question whether to punish women who obtain abortions was open.
“The late Phyllis Schlafly, whom I worked so closely with, used to say, ‘If you get to claim and frame the argument, you almost certainly get to win.’ In other words, if you take their framing, ‘it’s a woman’s right. Are you gonna put women in jail? No. It’s about a baby.’ Now, what do we do? Frame the argument. Own the argument,” he said.
This story has been updated with new information.
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