WASHINGTON (AP) — Acting Attorney General Todd Blanche cleared a critical hurdle Tuesday in his bid to be confirmed to the post after swaying Republican holdouts on a Senate committee to advance his nomination for a floor vote.
The Senate Judiciary Committee voted 12-10 along party lines in support of the nomination of President Donald Trump’s former personal attorney, who has aggressively pushed the Republican administration’s priorities since taking over from Pam Bondi in April.
The vote followed a deal struck late Sunday between Blanche and two Republican senators — John Cornyn of Texas and Thom Tillis of North Carolina — who had been threatening to block his confirmation over the settlement of Trump’s lawsuit against the Internal Revenue Service regarding the president’s leaked tax returns.
The full Senate could vote later this week on Blanche’s nomination. If all Democrats oppose him, Blanche can only afford to lose two Republican votes if Sen. Mitch McConnell of Kentucky, who was hospitalized after a fall, does not return before then.
Cornyn and Tillis backed Blanche's nomination after the Justice Department confirmed in writing that it wasn't moving forward with a $1.8 billion fund to compensate Trump allies who believe they were prosecuted for political purposes, which the administration announced as part of the settlement.
After days of negotiations, Blanche issued an order Sunday evening confirming “beyond any doubt, that there is no Fund.”
Democrats complain about the fund
Democrats say Blanche’s order doesn’t go far enough to prevent the Trump administration from reviving the fund after the acting attorney general’s confirmation and have called for legislation to permanently bar it.
The order also doesn’t stop the administration from compensating Trump allies — including people who attacked the Capitol on Jan. 6, 2021 — through a previously established process that allows people to file claims for damages if they believed they were wronged by the government.
The fund “can easily be revived with a new order from the Department of Justice 15 minutes after Mr. Blanche is confirmed as attorney general,” said Dick Durbin of Illinois, the top Democrat on the committee.
Cornyn and Tillis had also pressed for clarification on a separate part of the settlement that would grant Trump and members of his family immunity from tax audits.
Under the deal, the Justice Department clarified in writing that the tax audit immunity agreement applies only to claims open at the time of the settlement and does not protect Trump from examination of future tax filings. It also makes clear that only the parties that brought the lawsuit — Trump, two of his sons, and the Trump Organization — are covered by the tax agreement.
Cornyn said his reasons for backing Blanche go beyond the deal struck Sunday, adding that he believes the Justice Department needs a “stabilizing force" at the helm.
“The Department of Justice does not need a temporary, unconfirmed nominee as our nation’s top law enforcement official. Trump needs someone in this role, as well, with a strong legal mind," Cornyn said.
Blanche's independence has been called into question
Blanche has faced intense scrutiny regarding his ability to maintain independence from the White House, the Justice Department’s pursuit of the president’s political foes and the agency’s handling of files related to disgraced financier Jeffrey Epstein’s sex trafficking investigation.
But it was the settlement of Trump’s $10 billion lawsuit against the IRS that threatened to derail Blanche's nomination, forcing a delay in the committee vote last week amid pressure from the two Republican senators, who are not returning to Capitol Hill after their terms end in January.
Republican Sen. Chuck Grassley, who chairs the committee, said Tillis and Cornyn’s demands were “common sense.” Grassley said the senators’ concerns about the “Anti-Weaponization Fund” and the IRS settlement were shared by many other lawmakers, including himself.
“I’m grateful that they as well as Mr. Blanche and the White House worked in good faith to solve them, formally rescinding the fund, clarifying the scope of the release of claims has put this issue to bed once and for all," Grassley said.
Trump’s lawsuit has been sharply criticized because of the highly unusual way it was handled, with the president challenging an agency overseen by the executive branch he leads. A judge last month slammed the case as an improper exercise in self-dealing and referred one of Trump’s attorneys who filed it for potential disciplinary action.
Blanche was an important figure for Trump's defense
Blanche, a former federal prosecutor and key member of Trump’s defense team as the Republican battled four indictments, arrived at the Justice Department last year as deputy attorney general. He was elevated to acting attorney general following Bondi’s failure to meet Trump’s demands to successfully prosecute his perceived political opponents.
While Blanche insisted he wasn’t auditioning for the permanent post, he moved swiftly to accelerate investigations into Trump foes and advance other White House priorities, drawing condemnation from critics who say he has not shed his title as Trump’s personal lawyer.
Shortly after Blanche took the top post, the Justice Department moved to indict longtime Trump adversary James Comey, the former FBI director, on charges of threatening the 47th president by posting a social media photograph of seashells in the numerical arrangement of “86 47.”
Comey’s lawyers have accused the Justice Department of misleading judges, submitting documents containing false statements and withholding key facts to bring what the defense described as a politically motivated prosecution.
Blanche separately appointed Joseph diGenova, a former Justice Department prosecutor from the Reagan administration, to oversee a Florida-based investigation into whether former law enforcement and intelligence officials conspired over the last decade to undermine Trump.
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