Senate Confirms Todd Blanche as Attorney General by 50-49, After He Pledges to Kill Trump's $1.8 Billion Settlement Fund for Allies

The Senate confirmed Todd Blanche as attorney general early Saturday morning on a 50-49 vote, according to the Associated Press. Every Democrat voted no. So did two Republicans: Susan Collins of Maine and Lisa Murkowski of Alaska.

Blanche was President Trump's personal criminal defense attorney before joining the administration. He'd already been running the Justice Department in an acting capacity. Confirmation could free him to pursue the administration's agenda even more aggressively.

Blanche posted on social media that he was "deeply honored by the trust and confidence President Trump has placed in me" and said he was grateful to senators for staying late to vote him through.

The settlement problem

The confirmation nearly didn't happen. According to the AP, Republican senators had real concerns about a controversial settlement of Trump's lawsuit against the Internal Revenue Service.

That settlement included a $1.8 billion "Anti-Weaponization Fund" meant to compensate people who felt mistreated by the criminal justice system, including those who attacked the Capitol on Jan. 6, 2021. It also contained provisions designed to shield Trump and his family from IRS tax audits.

Under pressure from Republican Sens. John Cornyn of Texas and Thom Tillis of North Carolina, Blanche put it in writing: the Justice Department would abandon the $1.8 billion fund and rein in the audit-shield provision. That written commitment unlocked a vote in the Senate Judiciary Committee and moved the needle toward confirmation.

Cassidy's vote, and his reasoning

Sen. Bill Cassidy of Louisiana was the decisive vote, throwing his support behind Blanche on the Friday before confirmation. Cassidy lost his own primary this year to a Trump-backed challenger, so he had no obvious incentive to do the White House a favor.

His stated reasoning deserves consideration. Cassidy argued that no other nominee could run the department better under Trump, and suggested that Blanche's history as Trump's defense lawyer might actually make him more effective at pushing back on the president's demands, precisely because he has Trump's trust.

"This is not a referendum on President Trump. It is a decision regarding Mr. Blanche in very specific circumstances," Cassidy said, according to the AP.

That's a coherent argument: a nominee close to the president may have more leverage to say no to him than an outsider would. Whether that plays out in practice is a different question, and one that will only be answered by what Blanche actually does in office.

The case against him

Sen. Dick Durbin of Illinois, the top Democrat on the Judiciary Committee, called the confirmation a "serious mistake" and begged colleagues not to be on the "wrong side" of history, per the AP.

"If there is ever a moment in history when we need an Attorney General above reproach, who is clearly dedicated to ending corruption, even at the highest level of our government, it's right now," Durbin said.