Two key obstacles may hinder Todd Blanche’s appointment as attorney general: GOP Senators Thom Tillis from North Carolina and John Cornyn from Texas.
Either senator, who will not be seeking reelection this fall, has the ability to impede his confirmation by voting against him in the closely divided Senate Judiciary Committee.
Over 400 pages of newly disclosed written answers from Blanche to senators indicate that he might be more concerned about Cornyn than Tillis.
However, he is not currently acquiescing to all of their demands.
A significant portion of the detailed documents addresses Blanche’s response to derogatory remarks made by Mike Davis, a former Republican staff member on the committee who allegedly assisted Blanche in preparing for his testimony.
While Blanche consistently asserts that Davis’ statements do not reflect his views, he explicitly disputes one of Davis’ remarks: the criticism directed at Cornyn.
When Senator Dick Durbin, the leading Democrat on the committee, inquires whether he agrees with Davis’ May statement labeling the Texas Republican as “out-of-touch,” Blanche simply replies, “No.”
The document does not contain any inquiries from Cornyn, who faced a defeat from a Trump-supported primary opponent in a May runoff. However, it includes several responses pertinent to Cornyn’s primary concerns.
These concerns revolve around the controversial settlement between President Donald Trump’s legal representatives and the administration, which established a $1.776 billion “anti-weaponization” fund while granting Trump, his family, or his businesses immunity regarding past tax matters. This settlement ostensibly aimed to resolve a lawsuit Trump filed against the IRS, but a judge recently determined that the entire arrangement was an attempt to “manipulate the judicial process.”
During his testimony last week, Blanche remarked that the fund, which might have provided financial support to individuals involved in the Capitol riot, is “dead.” He also considered measures to prevent its revival, which Cornyn stated he needs to review before casting his vote for confirmation.
Nevertheless, in his written answers, Blanche confirms that the immunity agreement for Trump remains valid. When asked if it is still in effect, he answers, “Yes.”
When inquired whether he would consider retracting the immunity agreement, Blanche refrains from making a commitment. Instead, he states that it would be “inappropriate for me to comment on internal deliberations that may or may not have occurred.”
Cornyn informed Politico on Monday that he continues to collaborate with the administration to modify the settlement to address both the “anti-weaponization” fund and the immunity arrangement.
Blanche’s evasive response is a pattern, as he claims more than 160 times that it would be “inappropriate for me” to directly answer a question or comply with a senator’s request. He frequently refers to a reluctance to disclose internal communications.
One senator whom he consistently provides this response to is Tillis.
Despite the concerns raised by the North Carolina Republican regarding the nomination, Blanche utilizes this response over 20 times.
This includes Tillis’ inquiry regarding how the Justice Department justified the $1.776 billion figure in the settlement, the method used to assess risk if Trump’s lawsuit proceeded to trial, and who in the department was accountable for establishing the fund.
Blanche also does not exclude the possibility of reinstating the “anti-weaponization” fund if requested by Trump.
Tillis questions him: “If the President instructs you to reverse your decision and proceed with the Fund, will you proceed?” Blanche replies that it would be “inappropriate for me to comment on hypothetical communications.”
Blanche also appears to contradict another of Tillis’ initial worries regarding the DOJ’s autonomy from the presidency. The DOJ has frequently pursued investigations against Trump’s opponents, often backed by weak evidence and sometimes following explicit calls from him for such actions — a significant departure from DOJ protocols.
In a USdaily interview last month, Tillis expressed a generally favorable view of Blanche. However, he quickly added that “if there’s even a hint of a lack of independence, that could sway my vote.”
Blanche has certainly given that impression of compromised independence.
During his hearing last week, he answered inquiries regarding DOJ independence by emphasizing that the department is part of the executive branch — suggesting that it is not entirely independent from the president.
However, Trump’s nominee arguably goes further in his written replies.
Senator Chris Coons inquired whether he still stands by a statement made on Steve Bannon’s podcast in April, asserting that “there’s this model suggesting that the Department of Justice operates independently from the president of the United States. That is false.”
In response to the Delaware Democrat, Blanche simply answered, “Yes.”
At a different moment, he clarified that he does not view himself as Trump’s attorney, a role he previously held. During last week’s hearing, he briefly stated, “I’m his lawyer,” before correcting himself to say he “was his lawyer.”
There appears to be little indication that independence is still a concern for Tillis.
The retiring senator has generally expressed positive sentiments toward Blanche. Following last week’s confirmation hearing, he insisted that Blanche engage with survivors of Jeffrey Epstein, which Blanche promptly did.
Tillis commended him for attending the meeting, even though some survivors criticized his remarks during that discussion.
As of Tuesday, over two dozen survivors have contacted both Cornyn and Tillis, urging them to reject Blanche’s confirmation.
It remains unclear whether Cornyn and Tillis intend to genuinely advocate for their concerns — and maintain a firm stance.
