Topline
Acting Attorney General Todd Blanche doubled down during his Senate confirmation hearing Wednesday on controversial actions like the Justice Department’s handling of the Epstein files and the IRS’ settlement with President Donald Trump, claiming he would restore the public’s “faith” in the DOJ as Democratic lawmakers harshly criticized the former Trump attorney.
Key Facts
Blanche was interviewed by the Senate Judiciary Committee as he seeks confirmation as attorney general, claiming in his opening statement the DOJ was fixing purported missteps by the Biden Administration and claiming of the agency’s work, “None of this is Republican or Democrat.”
Blanche also defended the Trump administration’s handling of the Epstein files and release of the documents, claiming the White House “has been more transparent than any past administration” about releasing the files and that it will prosecute anyone who harmed victims.
Blanche acknowledged the DOJ made “mistakes” in not redacting some victims’ names in the files, however, and, under pressure from Sen. Richard Blumenthal, D-Conn., said he was “sorry” to the victims for those errors, adding, “Any mistake that we made should not have been made.”
He also faced repeated questioning Wednesday about President Donald Trump’s now-defunct settlement with the IRS, claiming agreements like the one that gave Trump broad immunity from IRS audits are “done regularly” and reiterating claims that the administration’s planned $1.8 billion “anti-weaponization” fund “is dead.”
Blanche came under widespread fire from Democrats on Wednesday, with Sen. Dick Durbin, D-Ill., the committee’s ranking member, accusing him of “corruption” in the lawmaker’s opening statement, while Sen. Adam Schiff, D-Calif., pointed to Blanche’s former work as a career prosecutor and asked, “What happened to you Todd Blanche?”
As Blanche faces criticism from Democrats for previously serving as Trump’s personal attorney, he drew raised eyebrows after Sen. John Kennedy, R-La., asked if he was friends with Trump, with Blanche first responding, “I am his lawyer” before quickly correcting himself to say he “was his lawyer.”
Crucial Quote
When asked Wednesday if he was independent from the White House as attorney general, Blanche deflected, saying the DOJ is “part of the executive” and noting he will be part of Trump’s Cabinet if confirmed. “We certainly operate with integrity” and to “serve the American people and do the right thing,” Blanche said, but added that if he’s confirmed, “I will be a member of the Cabinet … and President Trump can fire me whenever he wants.” The nominee suggested he was unafraid to push back on the president, however. “President Trump trusts me to give him counsel,” he said. “Counsel does not mean I’m a yes man.”
What Did Todd Blanche Say About The Epstein Files?
Blanche said Wednesday the DOJ had undertaken a “herculean task” by going through all its documents to release the Epstein files, defending the agency’s handling of the documents even as it’s come under fire for numerous issues with redactions and documents that weren’t released. The nominee claimed the DOJ had lawyers on call “24/7” to fix issues with victims’ names not being redacted in the files, saying, “That doesn’t excuse the mistakes, for which I take responsibility,” but the DOJ “tried to fix them.” Under questioning from Durbin, Blanche claimed he was not allowed legally to meet with victims directly, pointing to potential ethics issues, but claimed he would meet with any representatives or anyone else he was legally able to meet, or offered to have his deputies meet with victims. (He then suggested to Blumenthal he was able to meet with victims through their counsel, however, contradicting his previous statements.) He also claimed the DOJ had no “closed investigations” and was still willing to prosecute anyone shown to have been involved with Epstein’s abuse, telling Durbin, “I would love to prosecute anyone who did any harm.” He also claimed the DOJ was legally barred from releasing the Epstein files on its own without Congress’ authorization—though courts have previously said that argument is false.
What Did Blanche Say About Trump’s IRS Settlement?
Blanche broadly defended the president’s controversial settlement with the IRS, which was struck down by a judge Monday, with the judge also blasting Blanche directly and referring him and other attorneys for potential discipline over the agreement. It included provisions that established a $1.8 billion “anti-weaponization” fund and appeared to give Trump and his family widespread legal immunity. Blanche denied to Sen. John Cornyn, R-Texas, that the immunity deal went beyond protections from prosecutions, civil action or tax audits from the IRS and Treasury Department, despite language in the deal that wraps in other government agencies. “I hear what you’re saying, but I certainly don’t read that in the agreement,” Cornyn responded. Blanche reiterated the fund was “not moving forward” as doubts about its future still remain an issue, given reporting that suggests the DOJ is still trying to find other ways to get money to political allies. He also denied criticism from Democrats that he had refused to put it in writing that the fund was dead, claiming the DOJ “has put it in writing” in various court filings. Blanche said he had not spoken directly with Trump or his attorneys about the settlement agreement and other DOJ officials were responsible for drafting it, claiming he had only spoken with Trump when they agreed to kill the fund.
Blanche Spars With Democrats
Blanche repeatedly had testy exchanges with Democratic lawmakers during Wednesday’s hearing as they criticized the nominee and suggested he was acting in an unethical manner. “You can’t accuse me of violating ethical rules and then lie about what I did,” Blanche told Schiff as the senator brought up ethical concerns about Blanche handling matters involving Trump after personally representing him, while at another point, Blanche told Sen. Cory Booker, D-N.J., “‘You can ask the questions, but you cannot control my answers.” One of the testier moments during Wednesday’s hearing came when Whitehouse asked Blanche about FBI Director Kash Patel. “How long do you intend to put up with that Kash Patel character?” Whitehouse asked, pointing out a litany of complaints against the FBI chief, such as his use of the FBI’s private jet and allegations about Patel’s alcohol use, which he has denied. “That’s an extraordinarily obnoxious question, senator,” Blanche responded, adding he has “full faith in Director Patel and the work that he’s doing every day.” Whitehouse retorted back: “Great. You get to own that.”
What Did Blanche Say About Trump Pardoning Jan. 6 Rioters?
Blanche also defended Trump’s authority in pardoning people convicted for participating in the Jan. 6 riot, though he stopped short of endorsing the president’s decision. Trump “has the absolute right to pardon anyone for anything he sees fit,” Blanche said Wednesday under questioning from Whitehouse, adding, “I’m not celebrating that. It’s a fact.” The nominee said he did not condone violence and defended the DOJ for dropping its prosecutions against the Jan. 6 rioters, telling Whitehouse the agency was required to drop the cases “under the law” after Trump pardoned the rioters, and “that’s what I did.”
What Actions Could Blanche Take As Attorney General?
Blanche floated a number of controversial actions the DOJ could take under his leadership during his confirmation hearing Wednesday. Sen. Josh Hawley, R-Mo., asked Blanche if he would consider investigating former Special Counsel Jack Smith for perjury over comments he made about subpoenaing some information about lawmakers’ telephone records during the course of his investigation into Trump. “Yes,” Blanche responded, though journalists have pointed out the perjury claims are based on a misinterpretation of what Smith was asked about. Multiple GOP senators also asked Blanche about upholding anti-abortion rights policies, which the nominee broadly committed to. Under questioning from Sen. Ted Cruz, R-Texas, Blanche suggested the DOJ would review a Biden-era legal opinion that allowed abortion pills to be sent in the mail, potentially paving the way for the government to block mailing of abortion pills and make them harder to access.
Does Blanche Think Trump Can Run For President Again?
Sen. Chris Coons, D-Del., asked Blanche if he believed Trump can run for a third term—amid comments from the president suggesting he could try—to which Blanche responded, “I don’t believe he is.” When Coons asked why other Trump officials had been more evasive on that issue, the nominee responded he did not want to speculate on what others have said.
What to Watch for
After Blanche’s confirmation hearing, the acting attorney general’s nomination will be voted on by the Senate Judiciary Committee and then by the full Senate, where he’ll need a majority vote to be confirmed. There’s so far no indication that Blanche faces any serious threat of not being confirmed, even as some Republicans like Cornyn have expressed some concerns about his role in Trump’s now-defunct settlement with the IRS. Cornyn told reporters after questioning Blanche Wednesday that he was still undecided on supporting his confirmation, citing the nominee’s failure to assuage concerns that the anti-weaponization fund is officially dead. “I’m just still weighing all the considerations, and I’m going to continue to listen to the questions that are asked by my colleagues and any additional information that comes out,” Cornyn told CNN.
Chief Critics
Along with Democrats who have opposed Blanche’s confirmation as attorney general, his promotion to AG has also drawn widespread opposition from others, including victims of Jeffrey Epstein, the New York City Bar Association and former DOJ officials. More than 1,200 former DOJ staffers sent a letter to the Senate Judiciary Committee urging lawmakers to reject Blanche’s confirmation, arguing he had “utterly failed to abide by” his oath to “support and defend the Constitution.” Blanche’s experience at the DOJ and knowledge of the agency’s importance hadn’t stopped him from “demonizing career employees, undermining their work, and driving them out of the department,” the former employees wrote.
Who Is Todd Blanche?
Blanche worked at the DOJ in a variety of roles before he went into private practice, where he came into the public spotlight as one of Trump’s personal attorneys during the president’s years out of office. Blanche most notably represented Trump in the president’s criminal trial in Manhattan, where he was convicted for falsification of business records, but also represented Trump in other cases, including the federal government’s prosecution of Trump for allegedly mishandling classified documents. (That case has now been dismissed.) Trump appointed Blanche to serve as deputy attorney general for the DOJ when he started his second term in the White House, drawing controversy for appointing his personal lawyer. Blanche was then promoted to acting attorney general after Trump fired former AG Pam Bondi in April, and the president named him to serve in the position permanently.
Tangent
The seat traditionally occupied by late Sen. Lindsey Graham, R-S.C., a member and former leader of the Senate Judiciary Committee, was draped in black and adorned with white roses Wednesday following the senator’s sudden death over the weekend.
Further Reading
Judge Smacks Down Trump’s IRS Settlement And Orders Sanctions (Forbes)
Blanche Denies Trump Helped Create $1.8 Billion Fund—But New Report Suggests IRS Lawyers Opposed Settling (Forbes)
