Dem
47
GOP
53
In theory, there are rules about the Senate approving high-ranking executive branch officeholders. In practice, l'état c'est Donald Trump, and he just does whatever he wants. And so, acting AG Todd Blanche is going to be running the Justice Department for the foreseeable future, regardless of what the Senate says.
As we have noted several times, Sen. John Cornyn (R-TX) is squabbling with the White House over the "settlement" that Blanche "negotiated" with the Trump family. However, it is not even clear what Cornyn wants, as he's said different things at different times. Maybe he wants limits on the slush fund. Maybe he wants limits on the immunity for the Trumps. Nobody seems to really know, though he keeps exchanging proposals with the White House.
Meanwhile, as it turns out, Trump holds most or all of the cards, and he doesn't mind playing them. On Thursday, he threatened to pull the nomination until next January (when, of course, Cornyn and fellow troublemaker Thom Tillis, R-NC, will no longer be in office). Yesterday, he not so idly lamented that the slush fund is dead, and he really wishes it wasn't. And early this morning, in case anyone missed his drift, Trump got on his Louis XIV-approved social media platform to share this:
If Senators Cornyn and Tillis, both upset because I wouldn't Endorse them (they lost, and quit, respectively!), aren't going to approve Todd Blanche, one of the most respected professionals, according to everybody, in the Country, to be the United States Attorney General, then I will keep Todd as Acting A.G., and push hard to get the Anti-Weaponization Bill, which takes care of those who have been so badly treated by the Crooked Joe Biden (and Obuma!) Administration (I get nothing, although I was treated horribly!), PASSED. Todd Blanche was a voice of reason! It will immediately be back on the table, and I will get it done. Thank you for your attention to this matter! President DJT
Short version: "Go screw yourself, Cornyn."
Trump himself is generally pretty dumb and pretty ignorant, but he has some smart lawyers working for him. And undoubtedly one or more of them have pointed out a couple of things to him. The first is that the Federal Vacancies Reform Act (FVRA) allows an acting appointee to serve for 210 days. And then, they can serve while a replacement nomination is pending, plus 210 more days if that nomination is rejected by the Senate. They can then continue to serve while a second replacement nomination is pending, plus 210 more days if that second nomination is rejected by the Senate. So, under the terms of the statute, Blanche could serve until sometime in August 2028.
But wait, there's more. The second thing that Trump has undoubtedly been advised of is the Attorney General Succession Act (AGSA), which says that, "[i]n case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office." And this legislation, unlike the FVRA, does not place a time limit on such service. So, there's a pretty good argument that Blanche can serve for as long as Trump wants, Senate be damned.
So, of these two sets of rules, which one takes precedence? The FVRA, that gives Blanche until August 2028, or the AGSA, which gives him until January 2029? Probably the AGSA. First, because the FVRA has language that says that if there is more specific legislation tailored to a specific office, that more specific legislation carries the day. Second, because when the courts have looked at this matter, they've favored the pro-AGSA interpretation. Third, because while Trump may hate "Crooked Joe Biden," Biden has handed Trump a very useful precedent. There is a statute, governing succession at the Department of Labor, which has wording nearly identical to the AGSA. And Biden used that statute to defy the Senate, which would not approve Julie Su as the replacement for Marty Walsh, and to keep her on the job for nearly 2 years, until his term ended.
It would make life a little easier for Trump if Blanche was formally approved. There would be legal challenges to Blanche, and to any official actions he takes, and you can never know what will happen once judges get involved. Further, he would become an evergreen talking point, and a walking reminder of the administration's lawlessness. But Trump doesn't care THAT much about these things. So, even if Cornyn won't play ball, and even if the Democrats retake the Senate and can block Blanche's confirmation from January 3, 2027, forward, Trump really doesn't care all that much. What he really cares about is getting his man. And what he really, really, really cares about is getting his money and his immunity. And if Trump does not get the money and the immunity, it likely won't be the Senate that puts the kibosh on it, it will be the courts. (Z)