The Senate narrowly confirmed Todd Blanche as attorney general on Saturday, elevating the former personal lawyer to President Donald Trump who has overseen a Justice Department widely viewed as closely aligned with the White House. The confirmation vote was tight, 50 to 49, with two Republican senators, Susan Collins of Maine and Lisa Murkowski of Alaska, joining all Democratic senators in opposing the nomination.
Blanche had served as acting attorney general since April, following the dismissal of his predecessor, Pam Bondi. His confirmation followed a contentious process marked by concerns about his independence and role in several controversial decisions during his tenure. Critics cited his involvement in a settlement resolving Trump’s lawsuit against the IRS that granted the former president and his family immunity from certain tax audits and established a $1.8 billion federal fund intended to compensate alleged victims of government abuses during the Biden administration. The fund, which included potential claims related to the January 6 Capitol attack, became a particularly contentious issue during Blanche’s confirmation.
Two Republican senators, John Cornyn of Texas and Thom Tillis of North Carolina, initially withheld support over the fund and audit immunity but dropped their objections after Blanche provided written assurances that the fund would be discontinued and that the tax immunity provisions would be narrowed. Despite these concessions, Collins and Murkowski remained opposed, citing a broader pattern of Blanche’s reluctance to challenge Trump’s influence over the Justice Department.
Blanche’s supporters, including Senator Bill Cassidy of Louisiana, argued that despite imperfections, Blanche was uniquely positioned to manage the department under Trump’s presidency. Cassidy, who announced his support late in the process, highlighted Blanche’s close relationship with Trump as an asset that would enable him to influence the president’s decisions constructively. He cited advice from former Attorney General William P. Barr, who had similarly expanded executive power but resigned amid conflicts with Trump.
In contrast, opponents warned that Blanche’s tenure would further erode the department’s independence. Murkowski emphasized the need for an attorney general who would restrain the “worst impulses” of the administration, expressing doubt that Blanche would fulfill that role. Collins criticized Blanche for actions she said contributed to politicizing the Justice Department, including his approval of tax protections favoring the Trump family and a hardline stance on enforcing post-Roe abortion restrictions.
During his confirmation hearing, Blanche repeatedly affirmed a broad interpretation of presidential authority over the Justice Department, asserting that Article II of the Constitution grants the president ultimate control over its operations. This perspective aligns with Trump’s approach to the department, which has included public interventions in prosecutorial decisions. Critics assert this stance conflicts with the traditional norm of Justice Department independence, a principle that many argue is essential for maintaining the rule of law.
As Blanche assumes the office, the Justice Department faces increased scrutiny over its relationship with the White House and whether it can maintain impartiality amid ongoing political pressures. Both supporters and detractors acknowledge that his confirmation symbolizes a continuation of Trump’s expansive view of executive power within the federal legal system.
