Todd Blanche is scheduled to appear at a Senate confirmation hearing this week as the acting head of the Justice Department, carrying a set of controversies that have drawn sharp attention from both sides of the aisle. The matters include a client roster that listed the president who tapped him for the role, a since-abandoned $1.8 billion settlement arrangement criticized by many Republicans as reckless, and calls from Democratic lawmakers, former prosecutors and survivors of Jeffrey Epstein urging senators to oppose his confirmation over what they say was mishandling of the release of Epstein-related files.
Yet Republican operatives and advisers close to the process say the nomination looks likely to succeed. Mike Davis, who formerly served as chief counsel for nominations to then-Senate Judiciary Chairman Chuck Grassley and is advising Blanche ahead of the hearing, said the nominee is "on a glide path to confirmation" and predicted Blanche would be confirmed before the Senate's August recess.
Republican confidence in Blanche has strengthened in recent weeks, according to those familiar with the nomination process. A short-lived revolt within the party erupted after reporting about the proposed settlement fund that critics labeled a tool for shielding political allies from scrutiny. Blanche's decision to abandon the fund and a concerted effort of face-to-face meetings with senators appear to have reduced the unease that had threatened to erode support.
Adding to the pressure around the settlement, a federal judge in Miami ruled on Monday that the settlement which would have created the fund and provided tax-immunity provisions for President Trump and his family was never a legitimate legal dispute between two adversarial parties. The judge's finding effectively nullified the agreement two days before Blanche's confirmation hearing.
Blanche, who previously served as the president's personal lawyer, was confirmed by the Senate in March 2025 as deputy attorney general, a post responsible for running the department's daily operations. Allies portray him as a steadying force within the Justice Department; critics argue the appointment simply formalized the influence of a close Trump ally. He assumed the role of acting attorney general this spring following Pam Bondi's departure.
Since taking the acting post, Blanche has at times repeated President Trump's unfounded claims about election fraud while overseeing a Justice Department that has pursued prosecutions against figures viewed as opponents of the president. Among those prosecuted is former FBI Director James Comey. The Justice Department did not respond to a request for comment.
Supporters of the nomination say Blanche is focused on reversing what they see as the mistakes of prior administrations and is prioritizing efforts to reduce violent crime. Mike Fragoso, a former senior Senate aide with experience working for Republican leadership, said Blanche's current status as acting attorney general makes his confirmation more probable because senators may prefer to formalize a person who already performs the duties of the office.
"I think they probably recognize he has the job and is going to keep doing the job," Fragoso said, describing the calculation he believes Senate Republicans are making.
Despite the prevailing optimism among Republicans, Blanche's path to confirmation depends on retaining the support of each Republican member on the Senate Judiciary Committee. Two potentially pivotal committee Republicans remain publicly undecided: Senator Thom Tillis of North Carolina and Senator John Cornyn of Texas. Both senators are in the final months of their terms and have not announced how they will vote.
After a late-June meeting with Blanche, Tillis told CNN he had a "positive predisposition" toward the nominee provided the contested settlement fund was made "inoperative." Tillis's office did not respond to a request for comment for this report. Blanche has informed senators that the fund is effectively dead, but the Justice Department has declined to formalize that commitment in writing and has so far refused to unwind the tax-immunity provisions linked to the settlement.
Cornyn said on the social platform X last month that his meeting with Blanche was productive, that Blanche agreed to brief him on the tax-immunity aspects of the agreement, and that Cornyn would reserve judgment until after the hearing. Cornyn's office declined to say whether that briefing has taken place.
Advocates representing survivors of Jeffrey Epstein have seized on the continued uncertainty surrounding Blanche's nomination, running billboard campaigns in North Carolina and Texas that accuse him of betraying victims. Another billboard in New Orleans targeted Senator John Kennedy of Louisiana. One Charlotte billboard read, "Blanche betrayed Epstein survivors." A New Orleans billboard read, "Blanche protects predators."
Those groups object to what they say was flawed handling of the release of Epstein-related files by the Justice Department. Blanche has defended the department's actions, saying any identification of victims in the released materials was accidental and vowing to hold perpetrators accountable when evidence supports such steps.
Fragoso and other Republican-aligned advisers say the criticism tied to the settlement fund and the Epstein file release, while politically sensitive, are unlikely to be decisive. Fragoso noted conversations he has had on Capitol Hill suggesting those concerns will not derail the nomination. Davis characterized the suspension of the fund as the principal obstacle that has now been removed, saying, "The holdup was the weaponization fund, and that is over. I'd be surprised if he lost any votes."
It was not clear at the time of reporting how the recent death of Senator Lindsey Graham, an influential Judiciary Committee member who had signaled his support for Blanche after meeting with the nominee, might alter the dynamics of Wednesday's hearing.
Blanche is facing critiques from multiple quarters beyond the fund and the Epstein file dispute. Some activists on the far right and other allies of the president argue Blanche has been too slow to seek dismissals or pardons for defendants charged in connection with the January 6, 2021, attack on the U.S. Capitol. Democrats counter that Blanche has simply carried out presidential directives rather than acting independently in the role.
More than 1,200 former Justice Department officials from both political parties signed a letter arguing that Blanche's tenure as acting attorney general has already harmed the agency and endangered public safety. Senate Democrats, led by Senator Sheldon Whitehouse of Rhode Island, have launched a series of records requests and oversight letters scrutinizing Blanche's conduct while serving as acting attorney general.
Whitehouse argued in an opinion piece published last month that Republican senators considering a vote to confirm Blanche misunderstand what his confirmation would entail. "Republican senators who vote to confirm Blanche are deluding themselves if they believe he will do anything but accelerate the weaponization of the justice system," he wrote.
Democratic senators are expected to press Blanche sharply at the hearing on questions of his independence, his judgment, and specifics surrounding the settlement fund. Fragoso said the administration has adopted a confrontational posture in past hearings and suggested Blanche is unlikely to accept Democratic attacks without pushing back. "This administration has been pretty combative in hearings," he said. "I'd be surprised if he takes attacks from the Democrats lying down."
The confirmation vote will determine who formally leads the Justice Department at a moment when it is prosecuting cases involving individuals viewed as opponents of the president and when the department's perceived independence is being debated sharply on Capitol Hill and beyond.
Summary
Todd Blanche's confirmation hearing arrives amid a series of controversies: a now-shelved $1.8 billion settlement fund that critics labeled a risk for political weaponization, disputes over the Justice Department's handling of Epstein-related files, and broad criticism from former DOJ officials and lawmakers. Republican insiders point to Blanche's acting role and his pledge to drop the fund as reasons they expect an eventual confirmation, while Democrats and advocacy groups signal aggressive scrutiny at the hearing.
Key points
- Republican operatives say Blanche is likely to be confirmed; advisers describe him as "on a glide path to confirmation," with predictions of a vote before the August recess.
- A federal judge ruled the settlement that would have created the $1.8 billion fund and provided tax-immunity protections was not a legitimate adversarial dispute, effectively nullifying the agreement days before the hearing.
- Blanche's confirmation depends on committee Republicans, including Thom Tillis and John Cornyn, who remain undecided; the Justice Department has not put the nominee's commitment to abandon the fund in writing nor unwound the tax-immunity provisions.
Sectors potentially impacted
- Legal and litigation services - shifts at the Justice Department could influence enforcement priorities and high-profile prosecutions.
- Government and political risk - developments at the Justice Department may affect investor assessments of political and regulatory risk.
Risks and uncertainties
- Senate uncertainty - with key Republican senators undecided, the confirmation outcome is not mathematically assured and could hinge on committee dynamics. This uncertainty affects expectations about the Department of Justice's leadership and policy direction.
- Oversight and reputational risk - ongoing oversight requests from Senate Democrats and criticism from more than 1,200 former DOJ officials raise the prospect of prolonged scrutiny that could affect departmental operations and public confidence.
- Legal residue from the settlement - although the judge ruled the settlement invalid, the Justice Department has not formally rescinded tax-immunity provisions in writing, leaving open questions about lingering legal implications.
Tags: Justice, Confirmation, Politics, DOJ, Epstein