Several times, Whitehouse asked “Is Joseph R. Biden of Delaware the duly elected and lawfully serving president of the States of America?” and Marshall refuses to say more than “His is the president of this country. Finally Whitehouse asks “Are you answering that omitting the language ‘duly elected and lawfully serving’ purposely?” Marshall replied “I’m answering the question. He is the president of the United States.”
Before this exchange, Whitehouse asked Marshall about his involvement in the January 6 insurrection. That’s because Marshall served as Chairman of the Rule of Law Defense Fund (RLDF), the dark-money policy arm of the Republican Attorneys General Association. You remember RAGA, the group that helped organize the insurrection. The Rule of Law Defense Fund (RLDF), a “nonprofit” set up by the RAGA, appeared in a list of groups “Participating in the March to Save America” along with Stop the Steal, Turning Point Action, Tea Party Patriots, and others.
On the eve of the Jan. 6 riot, RLDF sent out a robocall to saying: “The march to save America is tomorrow in Washington DC at the Ellipse in President’s Park between E St. and Constitution Avenue on the south side of the White House, with doors opening at 7:00 am” That was making sure everyone knew where to go. It gets more incriminating. “At 1:00 pm, we will march to the Capitol building and call on congress to stop the steal,” the call continued. “We are hoping patriots like you will join us to continue to fight to protect the integrity of our elections.”
This robocall was coming from the Republican state attorneys general, the people elected to uphold and enforce the rule of law. Republicans picked Marshall—the person most directly responsible for that call—to come testify in the Senate Judiciary Committee against President Biden’s nominee, the first Black woman to hold that honor.
The revelation of that robocall led to the resignation of one of RAGA’s top officials. Marshall remains head of the RLDF, and has remained under scrutiny by the Alabama Political Reporter for allegations that Marshall has used his office and state computers to communicate with and conduct business for the political RAGA. The paper has been attempting to obtain emails sent between Marshall’s state office and the current and former staff of RAGA or the RLDF before the Jan. 6 riot and immediately after.
Additionally, Marshall has refused to say where he was on Jan. 6. Marshall was among the AGs who signed onto a frivolous and failed lawsuit by disgraced Texas Attorney General Ken Paxton in an attempt to overturn the results of the election. He was in a December 9, 2020 meeting in the White House with several other of the Republican AGs involved in that effort, and on Dec. 11 tweeted a photo of himself standing alongside Trump.
“One of the things we hope, with 17 of our colleagues coming together is that the court understands the significant importance of this,” Marshall said Fox News on Dec. 10. “All we’ve asked is that only legal ballots be counted. Texas has presented a very compelling argument that compels the court to take this case moving forward, and we’re to support the fact that this needs to be considered.”
Marshall has denied knowledge of the robocall that the group he leads sent out. He denied that in his exchange with Whitehouse Thursday. He denied knowing about any of the dark money received by his group that would have paid for that call.
That goes along with his refusal to acknowledge that President Biden is the “duly elected and lawful” president of the US And that’s who Republicans chose to have testify.