Blanche clears key nomination hurdle after deal wins senators' vote

WASHINGTON — Todd Blanche cleared a major hurdle Tuesday on his path to nomination for U.S. attorney general as Republicans voted to advance him out of committee on a party-line vote.

But questions persist about a deal he said would end President Donald Trump's "anti-weaponization" fund and narrow an agreement giving Trump immunity from audits of past tax returns.

Blanche, Trump's former personal lawyer and the current acting attorney general, agreed Sunday to amend the terms of the fund and the tax immunity deal to win the backing of two holdout Republican senators, though critics say the amendments do not go far enough.

He issued orders that he said ended the fund, and directed that the related tax immunity agreement only barred audits on past tax returns of Trump, his son and their family business. The agreement, though, allows for tax audits on future tax returns.

"You even have conservatives coming out and saying these are not worth the paper they are drawn on," Sen. Cory Booker, D-N.J., said at Tuesday's hearing. “We got nothing. No guarantees whatsoever that this slush fund still can’t go forward. We got nothing that the president of the United States can’t cheat on his taxes and have no accountability."

The holdout senators, John Cornyn and Thom Tillis, said Monday they were pleased with the agreement and would vote to advance Blanche's nomination through the Judiciary Committee. Approval by the committee clears the way for a Senate confirmation vote this week.

"Given this agreement with Mr. Blanche, I expect the department to live up to this in future litigation," Cornyn said at Tuesday's hearing, thanking Blanche for being willing to work with him and Tillis to find a solution.

Tillis echoed Cornyn's sentiment, and claimed both Democrats and Republicans politicized the Justice Department to go after their perceived enemies of the opposing side.

"I thought the fund was an insult," Tillis said. "It’s been rescinded, and I am satisfied."

Critics called the deal Blanche struck a "farce," arguing it does not prevent Trump from resurrecting the fund later and does not resolve the ethics of Trump's administration shielding him from tax scrutiny. Some called on Republicans to pass legislation that would explicitly bar the fund from being revived and end Trump's tax protections.

The dispute over Trump's tax immunity and the $1.8 billion “anti-weaponization” fund stems from a settlement of Trump's $10 billion lawsuit against the IRS.

The fund is meant to support people who claim they were unfairly prosecuted for their political activities, and could benefit Trump allies who said they were targeted by the federal government for their involvement in the Jan. 6, 2021 attack on the U.S. Capitol.

‘Real commitments’

Critics call it a Republican slush fund and noted that Trump's personal lawyers did not sign off on Blanche's order to end it, even though the original settlement requires approval from all parties to make any changes. Trump's lawyers have not publicly commented on the matter.

The Justice Department and Blanche refused in court to say the weaponization fund could never be resurrected, and Trump has repeatedly said how much he loves the idea of the payouts.

"The cop-beaters fund can easily be revived with a new DOJ order the day after Mr. Blanche is confirmed," said Sen. Dick Durbin, the top Democrat on the Senate Judiciary Committee. "Indeed, the president himself has telegraphed his plan."

Durbin also alleged Blanche committed perjury during his confirmation hearing by claiming he did not tell Durbin that the fund was a mistake, though Durbin says Blanche did, setting a possible foundation for an investigation should Democrats retake the Senate this fall.

The Judiciary Committee postponed its confirmation vote last week after Cornyn and Tillis demanded written proof that the fund was dead and the tax immunity deal would be scaled back.

The demands from Cornyn and Tillis, who said they represented views held by fellow Republican senators, were among the highest-profile Republican revolts against the president in his second term.

Democracy Forward, an advocacy group which is suing over the fund, sent a letter Monday asking the DOJ to declare the program permanently canceled but has not yet received a response.

Under Blanche's leadership, the Justice Department has prosecuted Trump's perceived enemies while upending long-standing norms of the department's independence. Blanche also oversaw the release of files related to late sex offender Jeffrey Epstein.