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 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.
Republican Sens. John Cornyn of Texas and Thom Tillis of North Carolina had said they were withholding their support unless the Justice Department confirmed in writing that it was not moving forward with a $1.8 billion fund to compensate Trump allies who believe they were prosecuted for political purposes, which the administration had 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.”
Since the settlement of Trump's lawsuit against the IRS was announced, “No Members were appointed; no funds were transferred; no process for receiving claims was established; no claims were paid,” the order said.
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.
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.
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, 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 Attorney General Pam 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, an 81-year-old 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.
