Todd Blanche is the most conflicted nominee for attorney general the US Congress has yet to encounter. As former private attorney for Donald Trump, Blanche has represented the president in multiple criminal prosecutions, including the hush-money case brought by Manhattan District Attorney Alvin Bragg, the Mar-a-Lago classified documents case, and the January 6 prosecution by Special Counsel Jack Smith.
Conflicts of Interest and Controversial Actions
Since becoming deputy attorney general and acting head of the Justice Department in April, Blanche has continued his advocacy for Trump. He signed off on an IRS settlement that would permanently bar the agency from pursuing litigation against Trump, his family, or his businesses. A federal judge ruled this settlement as self-dealing and referred the case to the Florida Bar Association. The New York Bar has issued a letter stating Blanche is unfit for office.
Blanche pursued an 'anti-weaponization' fund to compensate individuals allegedly unfairly investigated by the federal government, potentially including January 6 defendants or Trump himself. According to former Attorney General Pam Bondi, Blanche oversaw redactions of Epstein material that inadvertently revealed victim names and carefully redacted information about Trump and other powerful men. He also shut down the Justice Department unit investigating crypto market fraud and has been a key proponent of vindictive investigations, including those against Kilmar Ábrego Garcia, former CIA Director John Brennan, and former FBI Director James Comey.
Senate Scrutiny and Recusal Concerns
During his confirmation hearing for deputy attorney general, Senator Adam Schiff pressed Blanche on conflicts of interest. Blanche accepted that overseeing the weaponization working group could constitute a conflict but refused to call it 'blatant.' He rejected committing to recuse himself from matters where he served as Trump's attorney, though he said he would follow the advice of career ethics attorneys. As Schiff suggested, Blanche might easily secure a DOJ career attorney's sign-off on a non-recusal opinion.
Claire Finkelstein, law professor at the University of Pennsylvania, argues that no judiciary committee member should vote for Blanche without full satisfaction that he would recuse himself in any matter implicating the president's personal interests. However, Trump has made his personal interests the department's main policy focus, and Blanche cannot recuse without risking Trump's ire or removal, as happened with Jeff Sessions after his Russia investigation recusal.
Historical Precedent and the Need for Rejection
Former attorneys general John Ashcroft and Bill Barr engaged in problematic behavior, but neither had Blanche's personal conflicts of interest. Barr eventually showed independence by refusing to support Trump's 2020 election fraud claims, leading to his resignation. Personal conflicts of interest should be automatically disqualifying, especially when the nominee refuses to address them honestly.
Zoe Baird and Matt Gaetz failed to secure confirmation over compliance and misconduct issues, showing the system can work. The Senate must reject Blanche unless his hearings paint a very different picture than his last confirmation hearing, striking a blow for the rule of law.
