President Trump stated Thursday he has "no objection to temporarily withdrawing Todd’s name, if they do not do the right thing," regarding the nomination of Todd Blanche as attorney general. The president’s comments came after the Senate Judiciary Committee postponed a confirmation vote for Blanche.
Two Republican senators, John Cornyn of Texas and Thom Tillis of North Carolina, have withheld their support for Blanche’s nomination. Their opposition centers on a proposed settlement between Trump and the Department of Justice concerning a lawsuit over the leak of Trump’s tax returns. Key contentious provisions in the settlement would have established a $1.8 billion "Anti-Weaponization Fund" for Trump allies and Jan. 6 defendants, and would have shielded Trump and his family from future IRS audits.
Senator Cornyn indicated on Wednesday that he had not received written confirmation from the Department of Justice that these disputed provisions would be eliminated. He told reporters that negotiations between committee members and the DOJ were ongoing, though he noted "some complications" had arisen that morning. Senator Tillis, who is not seeking reelection, has also expressed opposition to the Anti-Weaponization Fund, stating that while Blanche is qualified, "we just need to get the issues off the table."
During his confirmation hearing, Blanche stated that the Anti-Weaponization Fund was "dead." However, Senator Cornyn pressed Blanche on the settlement agreement, noting that it could only be modified through a written agreement between the two parties and that Trump could potentially enforce the agreement if he chose to do so. Blanche acknowledged that Trump’s legal counsel could assert a breach of the agreement if it was not moved forward.
Todd Blanche has been serving as acting attorney general for the Department of Justice since April. Unlike interim U.S. prosecutors, who have a 120-day service limit without Senate confirmation, an acting attorney general can serve indefinitely under U.S. Code § 508, which allows the Deputy Attorney General to exercise the duties of the Attorney General if the office is vacant and no time limit is specified by law. This statute predates the Federal Vacancies Reform Act of 1998 and makes specific exceptions to vacancy laws previously codified.
A similar situation occurred during the Biden administration when Julie Su served as acting labor secretary for the remainder of the administration after failing to secure Senate confirmation. The Government Accountability Office concluded in 2023 that time limitations did not apply to Su's case under similar statutory provisions.
The Senate Judiciary Committee has not yet announced a new date for a confirmation vote on Blanche’s nomination.