The Senate Judiciary Committee voted on Tuesday to advance Todd Blanche’s nomination for U.S. attorney general, moving the process to a full Senate vote. The party-line decision followed an agreement by Blanche to end a federal fund and narrow tax immunity protections for President Donald Trump.
Blanche, who currently serves as acting attorney general and was previously Trump’s personal lawyer, reached the deal on Sunday to secure votes from Republican senators John Cornyn (R-TX) and Thom Tillis (R-NC). The committee had postponed a previous vote last week after these senators requested written proof that a $1.8 billion "anti-weaponization" fund would be canceled and that Trump’s immunity from tax audits would be restricted.
Under the new terms, Blanche issued orders to end the fund, which was intended to support individuals claiming unfair prosecution for political activities, including those involved in the January 6, 2021, Capitol attack. Additionally, the revised tax agreement limits audit immunity to the past tax returns of Trump, his son, and their family business, while allowing for audits of future returns. The changes stem from a settlement of Trump’s $10 billion lawsuit against the Internal Revenue Service.
Critics and Democratic lawmakers, including Sen. Dick Durbin (D-IL) and Sen. Cory Booker (D-NJ), argue the change lacks permanence. They noted that Trump’s personal lawyers did not sign the order to end the fund, and the Justice Department has not stated in court that the fund is permanently barred from being resurrected. Durbin stated that a new order could revive the payouts "the day after Mr. Blanche is confirmed." For federal taxpayers and the Department of Justice, the outcome determines whether nearly $2 billion in public funds will be directed toward legal aid for specific defendants or remain in the federal treasury.
The next steps for the nomination involve a final confirmation vote by the full Senate, which could occur as early as later this week. If confirmed, Blanche will officially lead a department that Republican lawmakers credit for declining crime rates, while Democrats have raised concerns regarding the department's independence. Advocacy group Democracy Forward has requested a formal declaration that the weaponization fund is permanently canceled, though the Justice Department has not yet responded to that request.
In addition to the policy disputes, Sen. Durbin alleged Blanche committed perjury during his hearing regarding private conversations about the fund, suggesting a potential investigation if the leadership of the Senate changes following the fall elections. Sens. Cornyn and Tillis stated they would take Blanche at his word and expect the department to honor the agreement in future litigation.