Two Republican senators on the Senate Judiciary Committee—Thom Tillis and John Cornyn—are withholding support for President Trump's nominee for attorney general, Todd Blanche, largely over concerns about a controversial IRS settlement provision dubbed an "anti-weaponization fund" and questions about an open-ended non-prosecution understanding. Blanche remains acting attorney general and could serve in that role for up to roughly 210 days after a nomination withdrawal. The standoff highlights limited but meaningful resistance within the GOP—driven in part by the holdouts' diminished political vulnerability—and creates uncertainty around the nomination's prospects.
When Senate Republicans Have Little To Lose: Why Two GOP Senators Are Blocking Trump's AG Pick
Tolga Akdoğan
President Donald Trump has privately indicated he may temporarily withdraw his nominee for attorney general, Todd Blanche, after two Republican senators on the Senate Judiciary Committee refused to back the nomination. The standoff—over a controversial element of an IRS settlement—offers a rare window into cracks in GOP unity and how political dynamics have limited the president's leverage over some Republicans.
Who Is Todd Blanche?
Todd Blanche, a lawyer who previously served as President Trump’s personal defense attorney, was confirmed as deputy attorney general and later became acting attorney general after the departure of Pam Bondi. In that acting role, Blanche has overseen Justice Department actions that critics say align closely with the president’s political priorities. That alignment prompted Trump to nominate Blanche to serve permanently as attorney general.
What’s Stopping the Nomination?
Two Republican members of the Senate Judiciary Committee—Sen. Thom Tillis (N.C.) and Sen. John Cornyn (Texas)—are withholding support. Democrats on the committee are also opposed, leaving Blanche short of the votes needed to advance his nomination. To avoid a contentious and likely embarrassing committee defeat, the committee postponed the scheduled vote.
What’s the Controversy?
The senators’ principal concern centers on a provision in a settlement between the Trump team and the IRS that critics labeled an "anti-weaponization fund." The settlement included a mechanism to compensate people the administration said were wronged by the Biden administration; opponents warned it could function like a slush fund to benefit political allies, including potential participants in the Jan. 6 riot. Blanche told the committee the plan had been abandoned, but Tillis and Cornyn want firmer, written guarantees that the fund will not be revived. They also seek clarity about an open-ended non-prosecution understanding for the president and his immediate family included in parts of the settlement.
Why Are These Two Republicans Willing To Defy Trump?
Political context matters. Earlier this year, both senators faced diminished political security after Trump declined to actively support them in their renomination fights. Sen. Tillis ultimately announced he would not seek another term, and Sen. Cornyn has faced pressure from more MAGA-aligned challengers. With less to lose politically, both senators appear more willing to press the White House for assurances.
What Happens Next?
One likely scenario is that Trump temporarily withdraws Blanche's nomination and re-submits it after the holdout senators leave office. That strategy carries risks: if Republicans lose their Senate majority or shrink their margin, the nomination could become even harder to confirm. Meanwhile, Blanche remains acting attorney general and continues to lead the Justice Department’s day-to-day operations.
How Long Can Blanche Stay Acting AG?
Federal rules limit how long someone can serve in an acting capacity after a nomination is rejected, returned, or withdrawn. Under typical guidance, Blanche could remain acting attorney general for up to 210 days (about seven months) following such an event, meaning he may continue to exercise the authority of the office for a substantial period even without Senate confirmation.
Key Takeaways
1. The incident highlights continued politicization of the Justice Department and demonstrates that even within a Republican-controlled Senate, presidential nominees can face meaningful resistance.
2. The dispute centers on controversial settlement terms with the IRS—chiefly a proposed compensation pool critics called an "anti-weaponization fund" and concerns about an open-ended non-prosecution understanding.
3. The holdouts’ willingness to object is tied in part to their reduced political vulnerability after losing Trump’s backing, increasing their freedom to push back.
On a lighter note, if you want a break from this story, Slate recommends Tolga Akdoğan’s deep take on the Michigan Senate primary, Christina Cauterucci’s entertaining look at the Trump administration’s odd TikTok videos, Chason Gordon’s piece on multiple-choice restaurant ordering systems, a Decoder Ring episode on changing views of sun exposure, and Luke Winkie’s archive feature about Creed’s reunion cruise.
Help us improve.
