Todd Blanche cleared the Senate Judiciary Committee Tuesday, which means the only thing standing between him and confirmation as the permanent Attorney General of the United States is a full Senate floor vote. Though it seems likely that step is but a formality, a handful of Republicans are being very careful not to commit to anything until they’ve had a chance to read the fine print.
At this point, the story is the vote break down. With Mitch McConnell… ahem, absent from the Senate, Republicans can lose exactly two votes and still confirm Blanche. Democrats seem unified in opposition and, per Senate Minority Leader Chuck Schumer, ready to use every available procedural tool. That means they can drag the confirmation into the weekend, though they can’t stop it if 50 GOP senators hold. Schumer has already framed his approach: Blanche is “the architect of Trump’s grifts,” which is also a pretty clean midterm bumper sticker.
Senator Lisa Murkowski said Blanche’s backing away from the Trump slush fund — that is, the Anti-Weaponization Fund created by Blanche earlier this year as part of a deal to drop Trump’s $10 billion lawsuit against the IRS over the leak of his tax returns — is “a pretty good step” before immediately adding that she’d “like to find out a little bit more about the negotiations” and that she’s “curious about what went on over the weekend.” She plans to speak with Tillis and Cornyn first. Senator Susan Collins said she wants to read the agreement, “Until I do that, I am not going to make a judgment.” Senator Bill Cassidy — who, like Cornyn, lost his primary to a Trump-backed challenger this year — declined to discuss Blanche at all Monday. Senator John Curtis of Utah has also not publicly committed. But let’s be so for real right now, once Blanche got out of committee the rest of the MAGA faithful are going to fall in line.
The Democrats predicting those commitments will prove worthless aren’t exactly going out on a limb. “There are so many loopholes. I wouldn’t be surprised if the president went ahead with the program,” said Senator Dick Durbin, the top Democrat on the Judiciary Committee — who, you may recall, got told by Blanche that the fund was a mistake, only to have Blanche call him a liar in his written responses. Senator Tammy Baldwin was more direct about the agreement Cornyn and Tillis struck, “I don’t think that that commitment is worth what it’s written on.”
All of which feels pretty accurate. An AG order rescinding a previous AG order can be superseded by another AG order. Republican lawyer Mike Howell put it plainly, “Can be undone after Tuesday.” And Trump wants the fund back… so yeah, none of this is reassuring.
Tillis, for his part, is prepared to vote yes, but made clear Monday he’s “not done analyzing the anatomy of this deal and who played a role in there,” a pointed reference to whoever in Trump’s orbit was blocking written commitments for weeks while Blanche insisted words said out loud were plenty sufficient. “I’m not going to speak for other members,” Tillis added, “but I think that it’ll be a solid vote.” Former Blanche skeptic Senator John Kennedy changed his tune yesterday, when asked whether Blanche would be confirmed, he said simply, “Yes, I do.”
So, the confirmation will probably happen before recess. The slush fund will probably come back after that. And somewhere in the middle, a handful of Republican senators will have decided that hollow promises are good enough.
Earlier: The Trump Slush Fund Is Dead. Long Live The Trump Slush Fund.
Trump: I’ll Pull Blanche’s Nomination And Resubmit After Cornyn And Tillis Are Gone. Cornyn: Cool, Roll The Dice.
Blanche Pantsed By Trump Rants
Todd Blanche’s Confirmation Vote Gets Postponed Because He Just Won’t Put His Promises In Writing
Todd Blanche’s Confirmation Is Being Held Up By Todd Blanche
Todd Blanche’s Confirmation Strategy: Call Two Senate Judiciary Committee Members Liars
A Former DOJ Lawyer Testified Against Todd Blanche. Then The Death Threats Started.
Paging Dr. Freud: Todd Blanche Calls Himself Trump’s Lawyer At His Attorney General Confirmation Hearing
Todd Blanche Got The Attorney General Nomination. Getting Confirmed Is Another Matter.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Bluesky @Kathryn1
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