Donald Trump’s nominee to serve as a top independent watchdog at the Department of Justice has refused to call the January 6 insurrection an “attack” during questioning by US senators.

Don Berthiaume, a career justice department employee who has been serving as inspector general at the agency, faced senators as part of his confirmation process to take up the role permanently on Wednesday.

Berthiaume was praised by some as a veteran of the department and not an overtly loyalist pick to serve in the role. Trump’s justice department has pursued his retribution agenda and faced criticism for a lack of independence from the president.

Trump tapped Berthiaume to serve in a temporary acting role as inspector general at the justice department last year, then nominated him for the role permanently this year.

Richard Blumenthal, a Democratic US senator from Connecticut, asked Berthiaume who won the 2020 election, to which Berthiaume responded, “Joe Biden, as certified by the Senate”.

Blumenthal then asked about the 6 January 2021 insurrection, where hundreds entered the US Capitol, some of whom used violence against Capitol police and then were convicted for their roles in the attack. Trump pardoned and commuted sentences for nearly all involved, some of whom are now seeking payouts from the federal government using an obscure legal claims process.

“Let me ask you, was the Capitol attacked on January 6?” Blumenthal asked Berthiaume.

“I don’t know if I would use the term ‘attack,’” Berthiaume replied. “I mean, we had activity outside the Capitol, protests and such.”

Blumenthal called the wording “the most obvious understatement” and again questioned whether Berthiaume would call it an attack, noting violence against capitol police. Berthiaume again said he didn’t agree with the word “attack”, though he acknowledged there was physical violence.

Blumenthal said the questions were intended as a “as a test of your prospective independence, and so far I think you’re failing that test”.

“I hope my colleagues will agree that the inspector general of the Department of Justice should recognize reality and facts for what they are,” Blumenthal said.