Acting Attorney General Todd Blanche has moved to within a single vote of winning confirmation to lead the Justice Department, but his path narrowed after Maine Sen. Susan Collins, one of three remaining Republican holdouts, announced Tuesday evening she will vote against his nomination as it finally heads toward the Senate floor.
“While I believe Mr. Blanche is a capable lawyer, the Department of Justice has become increasingly political. Mr. Blanche has taken several actions that have further eroded the Department’s independence, and that is the basis for my vote to oppose his confirmation,” Collins said in a statement.
After weeks of intense talks, the acting attorney general finally cleared the Senate Judiciary Committee on Tuesday morning, having struck a deal over the weekend with Sens. John Cornyn (R-Texas) and Thom Tillis (R-North Carolina) to nix a controversial “anti-weaponization fund” and limit the scope of President Donald Trump’s audit immunity deal with the IRS.
However, he got a mixed bag of results after that committee vote. Sen. John Curtis (R-Utah) handed him a boost by announcing he would support Blanche on the floor. Hours later, though, Collins revealed that she will oppose him.
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This puts Blanche on a tightrope, as he must win over at least one of the two remaining holdouts to be confirmed.
Collins nodded at Blanche’s initial decision to green-light a settlement with Trump that created the $1.8 billion Justice Department fund, which drew significant derision among Senate Republicans, and the immunity deal that would have shielded Trump from future IRS audit scrutiny, as key reasons for her decision.
However, she went even further, pointing to Blanche’s reported plan to roll back abortion access and the DOJ’s attempt to indict Sens. Mark Kelly (D-Arizona) and Elissa Slotkin (D-Michigan) over “their ill-advised, but constitutionally protected, videos” encouraging military members to resist unlawful orders.
“For these reasons, I will vote against this nomination,” she said.
Before Curtis gave his support Tuesday, he had indicated that his decision hinged on the deal secured by Cornyn and Tillis. He met with Blanche last week.
“I’ve been pleased with his receptivity and understanding of the issues raised by my colleagues and me, including the anti-weaponization fund and a number of Utah-specific priorities,” he said in a social media post. “I look forward to working with him once confirmed.”
With Collins and Curtis going public, that leaves two outstanding Senate Republicans who are undecided: Alaska Sen. Lisa Murkowski and Louisiana Sen. Bill Cassidy.
Murkowski, a preeminent centrist vote, told reporters that she is “going to have to have a few more conversations” with Blanche, but called the order killing the “anti-weaponization” fund a “pretty good step” on Monday.
“I’m going to find out more. I’d like to find out a little bit more about the negotiations over the weekend and I haven’t had a chance to do that,” she said, conceding that it “says a lot” that the pair of Judiciary Committee members made the deal.
Cassidy declined to comment repeatedly when pressed about Blanche.
Blanche and Republicans can lose no more than two votes on the floor due to Sen. Mitch McConnell’s (R-Kentucky) ongoing absence, assuming there is full attendance otherwise.
The timing of a floor vote is also unclear. Senate GOP leaders have an ambitious agenda to complete before the chamber breaks for the five-week recess.
Senate leaders are trying to get unanimous consent to expedite passage of a stopgap spending bill through mid-December and the Russia sanctions package that won massive bipartisan support in an initial vote last week. They are also attempting to get the ball rolling on a cryptocurrency regulation bill and legislation protecting college athletes before departing town.
However, Blanche appears to be a priority. One Senate GOP aide, who requested anonymity to discuss private leadership plans, said there is a high likelihood that Blanche’s confirmation gets completed — which could keep the chamber in session into the weekend.
Tuesday’s committee vote took place only days after Chair Chuck Grassley was forced to cancel a vote late last week. Cornyn and Tillis finally struck a deal with Blanche and the Justice Department late Sunday, with both members emphasizing that it was not simply made for their benefit, as others in the Senate Republican conference have been worried about the proposed fund.
“Their concerns about the anti-weaponization fund and the IRS settlement were shared by many, including this senator,” Grassley said during Tuesday’s markup. “I am grateful that they, as well as Mr. Blanche and the White House, worked in good faith to resolve them. Formally rescinding the anti-weaponization fund and clarifying the scope of the release of claims has put this issue to bed once and for all.”
Beyond Curtis, Blanche has picked up other key votes in recent days. Sens. Jon Husted (R-Ohio) and Dan Sullivan (R-Alaska), a pair of incumbents who are up for reelection in November, both signaled that they plan to support him.
Husted told Punchbowl News that he is a “yes” vote pending a read-through of the deal struck with Cornyn and Tillis.
Sullivan noted that Blanche traveled to Alaska in recent weeks in an effort to “understand our state, understand the challenges either before or after your confirmation, and he did that.”
“He’s committed to working on a bunch of issues that really matter to Alaska,” Sullivan told NOTUS. “So I’m supportive.”
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