Acting Attorney General Todd Blanche is scheduled to face intense questioning from the Senate Judiciary Committee on Wednesday concerning several controversies that arose during his tenure at the Justice Department as he seeks confirmation for the permanent Attorney General position. Blanche, formerly a defense attorney for Donald Trump, had a less contentious confirmation process last year when nominated for a subordinate role, receiving unanimous Republican support.
Since April, Blanche has been serving in an acting capacity, and Trump formally nominated him for the top Justice Department role in June. His confirmation path has become more complex following the death of Sen. Lindsey Graham, a member of the Judiciary Committee who was expected to be a key supporter. Blanche will likely require unanimous support from Republican committee members, as Democrats are anticipated to oppose his nomination.
In recent months, Republicans have expressed concerns about actions taken by the Justice Department under Blanche's leadership. A significant point of contention is the now-defunct "Anti-Weaponization Fund." This fund was established under the guise of a settlement after Trump's legal team sued the IRS for $10 billion over the leak of his tax returns. One day after this settlement was announced, Blanche signed a document that appeared to grant Trump and his family immunity from past IRS investigations.
The proposed settlement drew bipartisan criticism, leading to a closed-door confrontation between Blanche and Senate Republicans who urged the administration to abandon the fund. The fund could have potentially benefited Trump allies who claimed to be targets of the Biden administration, including individuals convicted in connection with the Jan. 6, 2021, Capitol attack.
Although Blanche stated the administration would drop the fund, the department has not yet officially committed to this in writing. Furthermore, Blanche's order regarding IRS investigation immunity for Trump and his family remains in effect.
A federal judge in Florida recently issued a strong order criticizing Trump and the Justice Department for allegedly misusing the court to legitimize a settlement that she determined would not withstand judicial review. U.S. District Judge Kathleen Williams, who had previously overseen Trump's IRS lawsuit, referred Trump's attorneys for potential sanctions and sent her ruling to the State Bar of New York for review concerning Blanche's conduct. Williams stated that Blanche may have provided "misleading" testimony to Congress about the settlement's execution. The Justice Department has not yet publicly commented on Williams' order.
Republican Sen. John Cornyn, a crucial vote on the Judiciary Committee who has not yet declared his stance on Blanche's nomination, indicated that the judge's ruling raises further questions Blanche must address. Sen. Thom Tillis, another influential Republican on the committee, stated that the fund must be "certainly and completely ended" before he could vote to confirm Blanche.
Democrats are expected to use controversies like the "anti-weaponization fund" to portray Blanche as an instrument for Trump's political agenda. Ranking Judiciary Committee Democrat Dick Durbin has criticized Blanche's actions, stating the Justice Department has been used as both a shield for allies and a weapon against political opponents.
Democrats are also likely to bring up dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James, as well as a new indictment against Comey concerning an image prosecutors argue constitutes a death threat against Trump. Comey has pleaded not guilty and is seeking dismissal of the charges, alleging vindictive prosecution.
The committee may also question Blanche about other probes that judges have deemed politically motivated, including subpoenas targeting election workers in Fulton County, Georgia, Minnesota state officials over immigration enforcement, and a criminal probe of former Federal Reserve Chairman Jerome Powell that a judge found lacked evidence.
Questions are also anticipated regarding recent fatal shootings by ICE agents and the administration's investigation into shootings of protesters during an immigration crackdown in Minneapolis. The administration's efforts to identify reporters' sources, which led to subpoenas for New York Times journalists, may also be raised.
Blanche was also involved in the handling of files related to the Jeffrey Epstein investigation and interviewed Epstein's co-conspirator Ghislaine Maxwell. Democrats have accused Blanche of facilitating Maxwell's transfer to a different prison facility, which he has denied.
In preparation for his hearing, Blanche has met with senators to garner support and prepared responses to anticipated controversial topics, including his loyalty to Trump, his stance on financial awards for Jan. 6 defendants, and Trump's calls for investigations into the 2020 election.
While the full Senate vote timing is not yet clear, administration officials aim for Blanche's confirmation before the August recess.