Republicans on the Senate Judiciary Committee voted to advance Acting Attorney General Todd Blanche’s nomination Tuesday, clearing the way for a confirmation vote before the full Senate.
As reported on Wednesday’s AM Update, the committee voted 12 to 10 along party lines after outgoing Republican Senators John Cornyn and Thom Tillis forced party leaders to postpone the vote last week over their objections to a proposed Justice Department agreement.
The Resolution
At the center of the dispute was the agreement resolving President Trump’s $10 billion lawsuit against the IRS over the leaking of his tax returns. The Department of Justice announced in May that the settlement would create a nearly $1.8 billion “Anti-Weaponization Fund” offering compensation to people who claim they were unfairly targeted by the federal government. The deal also reportedly included protections against certain tax investigations involving the president, his family, and his businesses.
Blanche announced in early June that the administration would abandon its plan altogether. During his confirmation hearing, Sens. Cornyn and Tillis demanded Blanche put that promise in writing, while also narrowing the tax protections to existing audits and making clear they cannot shield future filings from examination.
At yesterday’s committee vote, Republican Judiciary Committee Chairman Chuck Grassley acknowledged the prior objections of the two holdouts. “I want to thank Senator Cornyn and Senator Tillis… for their very hard work related to today’s nomination. Their concerns about the anti-weaponization fund and the IRS settlement were shared by many, including this senator,” he said.
“I am grateful that they, as well as Mr. Blanche and the White House, worked in good faith to solve them. Formally rescinding the fund and clarifying the scope of release of claims has put this issue to bed once and for all,” Grassley continued.
Sen. Cornyn outlined the written assurances he says Blanche provided after several rounds of negotiations. “This document will help limit the substance and scope of the audit protection to the defendants in the lawsuit, the IRS and the Treasury, and it limits it to the parties to the audit settlement. It limits the parties to the audit settlement to the plaintiffs, the people who brought the lawsuit, and no one else,” he explained.
But Democrats remain unconvinced that the changes permanently close either issue. Sen. Dick Durbin (D-IL) took issue with the fact that “Mr. Blanche’s statement on the slush fund and the IRS immunity agreement are not signed by the parties to the settlement agreement and are therefore unenforceable.”
In his view, “the parties could still sue to enforce the agreement, and the cop beaters fund can easily be revived with a new order from the Department of Justice 15 minutes after Mr. Blanche is confirmed as attorney general.”
More Work to Do
The nomination is now heading to the full Senate, where there is reportedly still work to be done to sure up support. Politico reported Republican Senators Lisa Murkowski of Alaska, John Curtis of Utah, and Bill Cassidy of Louisiana have not yet committed to supporting Blanche. Murkowski told the outlet the written elimination of the fund is a “pretty good step,” while the other two continue to review the nomination.
Meanwhile, Punchbowl News reported Tuesday afternoon that Sen. Susan Collins (R-ME) is a definite no. With Sen. Mitch McConnell (R-KY) absent from voting since June, Blanche can only afford to lose one additional Republican if every Democrat remains opposed.
Senate Majority Leader John Thune (R-SD) is aiming to hold the final confirmation vote before senators leave Washington, D.C., for August recess. That means the vote could come as soon as the end of this week.
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