On Aug. 1, President Donald Trump said he would keep Todd Blanche serving as acting attorney general if the Senate does not confirm his nomination, and said he would push Congress to enact a proposed "anti-weaponization" fund. The fund, estimated at $1.8 billion, has been a focal point of resistance among some Republican senators who have delayed Blanche’s confirmation.
Trump posted on his Truth Social account on Saturday morning that Blanche is "one of the most respected professionals, according to everybody, in the Country," and added that if Senators John Cornyn of Texas and Thom Tillis of North Carolina do not support the nomination, he would "push hard to get the Anti-Weaponization Bill ... PASSED." Trump had said as recently as Friday that the $1.8 billion fund was dead.
Republican Senators Cornyn and Tillis have held up Blanche’s nomination while seeking written commitments from the Justice Department that it will not establish the fund. Critics of the proposal characterize the fund as a potential source of taxpayer money to benefit the president’s allies, a characterization the White House dispute is part of the debate that has slowed the nomination process.
The U.S. Senate Judiciary Committee is scheduled to vote on Blanche’s nomination on Tuesday. Tillis, whose Senate term ends in January, posted on Saturday on X that Blanche would not be confirmed because of what Tillis described as Trump’s reversal, though Tillis said he hoped the issue could be resolved by the committee vote. In his post, Tillis wrote: "Despite comments as late as yesterday that the fund is dead, President Trump clearly intends to resurrect the payout pot for punks either by inappropriately establishing another bogus fund or pushing Congress to vote for a bill that the majority of Republicans in the Senate would be against."
Requests for comment to Senator Cornyn’s office were not immediately returned.
Even if the Senate does not act, Blanche may be able to remain in his current role through the end of the administration. Acting officials can continue to serve while their nominations are pending in the Senate provided they are not formally rejected or withdrawn. Trump has indicated he could resubmit Blanche’s nomination next year after the departure of Cornyn and Tillis from the Senate.
Several facts about the two senators are relevant to the timeline: Cornyn lost a May primary election to Ken Paxton, who had been supported by Trump; Tillis said last year he would not seek re-election.
The proposed "anti-weaponization" fund was part of a legal settlement crafted between Trump and the Justice Department intended to resolve Trump’s $10 billion lawsuit against the Internal Revenue Service. That settlement addressed allegations that the IRS mishandled his tax records, but the portion of the settlement creating the fund was placed on hold amid opposition from some Republicans in Congress.
The fund could be directed to allies who say they were unfairly targeted by federal authorities for their involvement in the January 6, 2021, attack on the U.S. Capitol after Trump’s 2020 election defeat. Cornyn and Tillis have also registered objections to an IRS agreement contained in the settlement that would prevent tax audits of Trump and his associates.
What happens next
The immediate sequence centers on the Senate Judiciary Committee vote set for Tuesday and whether Cornyn and Tillis secure written assurances from the Justice Department. If assurances are not provided and the committee declines to advance the nomination, Trump has said he will retain Blanche in an acting capacity and press the legislature to consider a bill implementing the fund.