Acting Attorney General Todd Blanche appears poised for confirmation, as key Republican senators John Cornyn of Texas and Thom Tillis of North Carolina have signaled their intent to vote for his nomination. The two senators had previously halted Blanche's advancement due to concerns over a $1.8 billion "slush fund" and a settlement agreement between President Donald Trump and the IRS.
Cornyn and Tillis, both members of the Senate Judiciary Committee, had raised objections to the "anti-weaponization fund" that Blanche helped establish. This fund could potentially disburse money to Trump allies, including individuals involved in the January 6th Capitol attack. Blanche originally created the fund through an order on May 18. In response to the senators' concerns, he issued a new order terminating the May 18 directive.
Additionally, Cornyn had raised objections regarding the scope of a settlement between Trump and the IRS. The agreement, which could limit the IRS's ability to audit Trump, his family, and his businesses, was criticized for its broad language. Tillis stated that the Justice Department acknowledged in a binding written order that the audit settlement is limited to the plaintiffs and does not extend beyond the defendants in the lawsuit.
Despite these concessions, critics argue that Blanche's broader efforts to use the Justice Department against perceived political opponents were not addressed. Under Blanche's leadership, the DOJ has pursued prosecutions against figures such as Newark Mayor Ras Baraka, former FBI Director James Comey, and New York Attorney General Letitia James. A federal magistrate judge previously criticized the DOJ for pursuing cases without sufficient cause in the case involving Mayor Baraka.
While Cornyn and Tillis have secured some concessions, their objections were described as narrow in scope. The senators are both retiring in January, and their decision to support Blanche's nomination suggests a limited willingness to confront what some describe as the weaponization of the Justice Department for political purposes. The Senate Judiciary Committee, where Republicans hold a two-vote majority, is expected to proceed with a vote on Blanche's nomination.
The settlement agreement between Trump and the IRS, which had been a point of contention, was initially entered into on May 18. It established the Anti-Weaponization Fund and included a provision that could have barred federal agencies from pursuing claims related to the plaintiffs. Blanche's subsequent order rescinded the fund, and the DOJ clarified that the audit settlement's scope is limited to the parties involved in Trump's lawsuit.
Democrats have expressed continued concern, with Sen. Adam Schiff tweeting that Blanche's new order does not prevent future payouts to individuals involved in the January 6th events and leaves in place a tax-immunity deal. The possibility of politically motivated charges against figures like Baraka or James was not part of the concessions secured by Cornyn and Tillis.
Blanche, currently serving as the Senate-confirmed deputy attorney general, can legally remain as acting AG for the duration of Trump's presidency. President Trump had reportedly threatened to keep Blanche in his acting role and push for the "Anti-Weaponization Bill" if negotiations with the senators stalled. This leverage may have contributed to the limited nature of the concessions obtained by Cornyn and Tillis.