The Senate Judiciary Committee voted Tuesday to advance Todd Blanche’s nomination for attorney general after two Republican holdouts ended their opposition.
Sens. John Cornyn (R-Texas) and Thom Tillis (R-North Carolina) had called for Blanche to submit an order in writing killing President Donald Trump’s now-rescinded $1.8 billion anti-weaponization fund, as well as a separate order placing limits on a legal settlement that shielded the president and his businesses from IRS audits.
After weeks of back-and-forth, Blanche penned two one-page documents over the weekend that purported to fulfill Cornyn and Tillis’ demands, ending the impasse.
“I’m going to support Mr. Blanche’s nomination, but what I hope I see out of him is a bending of the curve of this absurdity,” Tillis said shortly before the committee voted, describing what he characterized as “weaponization” of the Justice Department by both parties.
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Blanche’s nomination now heads to a full Senate vote, though several Republicans have not publicly confirmed they will back him. Blanche can only afford to lose two Republican votes, assuming that all 47 members of the Senate Democratic caucus vote no and Sen. Mitch McConnell (R-Kentucky) remains absent due to health concerns.
A spokesperson for Sen. Susan Collins (R–Maine) on Monday said she was undecided until she reviewed the agreement that Blanche struck with Cornyn and Tillis. Sens. Lisa Murkowski (R-Alaska) and Bill Cassidy (R-Louisiana) have also not committed to voting in favor of Blanche’s nomination.
Law experts scrutinized the documents, which appear to leave loopholes that the Trump administration could use to revive the anti-weaponization fund. Experts who spoke with NOTUS this week also cautioned that the agreement’s language left the audit immunity deal largely intact and raised questions about enforceability because it was not signed by Trump or other parties involved in litigation.
Blanche could also likely undo the agreement if he is confirmed as attorney general because his order is a Justice Department document, not a court filing.
Sen. Dick Durbin (D–Illinois), ranking member of the Senate Judiciary Committee, said on Tuesday that the plaintiffs involved in the Trump-IRS settlement could sue to enforce the deal. Durbin also accused Blanche of perjury, contending that Blanche stated in a private meeting with the senator that it was a “mistake” to create the fund only to walk down those words during his confirmation hearing.
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