The Todd Blanche hearings will test senators’ commitment to the rule of law | Claire Finkelstein

Todd Blanche Nomination for Attorney General Draws Senate Focus on Prior Representation and Department Actions

Todd Blanche, nominated to serve as attorney general, previously represented Donald Trump in multiple criminal cases after leaving the law firm Cadwalader, Wickersham & Taft in 2023. Those matters included the Manhattan district attorney’s prosecution on charges related to hush-money payments, the special counsel’s case involving classified documents at Mar-a-Lago, and the special counsel’s case concerning events of January 6, 2021.

Blanche has held the position of deputy attorney general and, following the April dismissal of Attorney General Pam Bondi, has served as acting head of the Justice Department. During this period, the department reached a settlement with the IRS concerning Trump’s tax matters that included a provision barring future litigation against Trump, his family, or his businesses. A federal judge later described the settlement as self-dealing and referred the matter to the Florida Bar Association. The New York City Bar Association issued a letter stating that Blanche is unfit for the attorney general position.

Blanche participated in planning for a proposed compensation fund for individuals described by supporters as having faced unfair federal investigations or prosecutions. The fund was not implemented. Department records show that Blanche oversaw redactions of materials related to Jeffrey Epstein; those redactions drew criticism after some victim names became public, while references to Trump and other individuals were removed. The department also closed a unit that had investigated fraud in cryptocurrency markets. Blanche has supported several investigations and prosecutions, including the case of Kilmar Ábrego Garcia, an inquiry into former CIA Director John Brennan, and proceedings involving former FBI Director James Comey.

Critics, including members of Congress and advocacy organizations, have compiled lists of these and other department decisions under Blanche’s tenure. A grievance complaint filed with the department references many of the same actions. Supporters of the nomination describe the decisions as exercises of prosecutorial discretion consistent with administration priorities.

During Blanche’s confirmation hearing last year for the deputy attorney general position, Senator Adam Schiff questioned him about potential conflicts arising from his prior representation of Trump. Blanche stated that he would consult career ethics attorneys at the department on recusal questions but did not commit to automatic recusal in matters involving the president’s personal interests. He acknowledged that oversight of a working group on investigations could raise conflict issues but disputed characterizations of those issues as blatant.

The Senate Judiciary Committee is scheduled to hold hearings this week on the attorney general nomination. Under the Constitution, the Senate provides advice and consent on such appointments. Past nominees have withdrawn when bipartisan opposition emerged over compliance issues. Zoe Baird abandoned her nomination after objections related to the hiring of an undocumented worker. Matt Gaetz withdrew after a House ethics committee prepared a report on allegations of sexual misconduct and drug use. Joe Biden, then chair of the Judiciary Committee, conveyed Democratic objections to a Clinton administration nominee on similar grounds.

Former attorneys general John Ashcroft and William Barr also faced criticism for their handling of department matters involving the executive branch. Ashcroft supported legal opinions on interrogation techniques that were later withdrawn. Barr’s public presentation of the Mueller report drew accusations of selective emphasis; he later resigned after declining to endorse certain claims about the 2020 election. Neither Ashcroft nor Barr had previously served as personal counsel to the president in criminal proceedings.

Blanche has not been disciplined by any bar association in connection with the complaints or the court referral. Formal ethics complaints remain pending and have not resulted in findings of professional misconduct. The New York City Bar Association letter and the grievance complaint originate from organizations that have publicly opposed the nomination.

Senate rules require a majority vote for confirmation. No attorney general nominee in recent decades has been rejected solely on the basis of prior representation of a president, though the issue of recusal standards has been raised in multiple confirmation proceedings. The current hearings will determine whether additional commitments on ethics procedures or case assignments are sought before a vote.