Todd Blanche is the most conflicted nominee for attorney general the US Congress has yet to encounter.
As the former private attorney for Donald Trump, Blanche has been an unflappable ally for the president since 2023.
He left his private firm, Cadwalader, Wickersham & Taft, to represent Trump in the hush-money prosecution brought by Manhattan District Attorney Alvin Bragg.
Blanche also represented Trump in the Mar-a-Lago classified documents case and the January 6 prosecution, both brought by Special Counsel Jack Smith.
Blanche's Actions as Deputy Attorney General
Since April, when Attorney General Pam Bondi was fired by Trump, Blanche has served as both deputy attorney general and acting head of the Justice Department.
He has continued his advocacy for his former client through other means.
Blanche signed off on a settlement between the IRS and Trump regarding the latter's taxes.
The settlement would ban the IRS from pursuing litigation against Trump, his family, or his businesses forever.
A federal judge ruled the settlement as self-dealing and referred the case to the Florida Bar Association.
The New York Bar has issued a letter stating that Blanche is unfit for office.
Until recently, Blanche pursued an “anti-weaponization” fund to compensate individuals allegedly unfairly investigated by the federal government, potentially including January 6 defendants or even Trump himself.
According to Bondi, Blanche oversaw redactions of the Epstein material that inadvertently revealed victims' names.
He also shut down the Justice Department unit investigating fraud in the crypto market.
Blanche has been a key proponent of vindictive investigations, including the prosecution of Kilmar Ábrego Garcia, the investigation of former CIA Director John Brennan, and the prosecution of former FBI Director James Comey.
Conflicts of Interest and Senate Responsibility
Blanche's many conflicts of interest from his role as private attorney for the president stand out as particularly consequential.
There should be a strong presumption that any private attorney for the president must be disqualified from serving as the country's chief law-enforcement officer.
Trump chose Blanche for the job because of his conflicts, not despite them.
Trump appears to require only that cabinet members engage in rank partisan behavior to benefit him.
During Blanche's confirmation hearing for deputy attorney general, Senator Adam Schiff questioned his conflicts.
Blanche accepted that oversight of the weaponization working group could constitute a conflict but refused to call it “blatant.”
He rejected the abstract statement that he should recuse himself from matters involving the president's interests if he had served as Trump's attorney on that matter.
Blanche did not commit to recusal but said he would follow the advice of career ethics attorneys.
As Schiff suggested, Blanche could secure a sign-off from a DOJ attorney he oversees.
The Senate's advice and consent process should filter out nominees lacking impartiality. This is critical for the attorney general, whose role impacts US democracy profoundly.
Prior misuse of the Justice Department includes Attorney General John Ashcroft's support for enhanced interrogation and Attorney General Bill Barr's handling of the Mueller Report.
However, neither had Blanche's conflicts of interest. Barr eventually broke with Trump over election fraud claims and resigned.
Personal conflicts of interest should be automatically disqualifying, especially when the nominee refuses to grapple with them honestly.
No judiciary committee member should vote for Blanche without assurance he will recuse himself in matters implicating the president's interests.
But Trump has turned his personal interests into every department's main policy focus. Blanche cannot recuse without risking Trump's ire or removal, as seen with Jeff Sessions.
If he recuses from all conflicted matters, he would be dysfunctional as attorney general.
Very few attorney general nominees have failed to secure confirmation. Zoe Baird abandoned her nomination over hiring an undocumented nanny.
Matt Gaetz gave up his bid as a House ethics committee prepared a report on sexual misconduct.
When nominees are forced to resign upon senatorial scrutiny, the system works. The Senate must do its job with Blanche.
Unless the hearings paint a very different picture, the Senate must reject him for cause.
