Todd Blanche is unfit to serve as attorney general

Opinion>Opinions - Judiciary The views expressed by contributors are their own and not the view of The Hill Todd Blanche is unfit to serve as attorney general Comments: by Chris Truax, opinion contributor - 07/24/26 9:00 AM ET Comments: Link copied by Chris Truax, opinion contributor - 07/24/26 9:00 AM ET Comments: Link copied

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At his confirmation hearing, acting Attorney General Todd Blanche told Congress a bald-faced lie.

In the aftermath of President Trump’s effort to set up a $1.776 billion “anti-weaponization” fund, Sen. Alex Padilla (D-Calif.) pressed Blanche about whether he would commit to fighting any future claims for compensation from pardoned defendants involved in the January 6 Capitol riot. Blanche responded, “I can tell you we always vigorously defend our cases.”

I don’t know about January 6 defendants, but that’s certainly not true when it comes to President Trump himself.

The fund in question came to be out of a $10 billion lawsuit filed by Trump, claiming that the government was liable for releasing his tax information. The settlement, signed by Blanche himself, included a provision barring the government from prosecuting or pursuing any claims “known or unknown” against Trump, his companies, and his family members for anything that occurred prior to May 19, 2026. Tax returns are specifically mentioned.

This extraordinary and unprecedented auto-settlement is simply a presidential self-pardon by the back door.

As acting attorney general, Blanche didn’t defend this case vigorously. He didn’t defend this case at all. The government settled with Trump without filing an answer or raising any defenses, not even what appears to be a slam-dunk claim that the case should have been thrown out because the statute of limitations had expired.

This is all as bad as it sounds. The judge in the case found that the Department of Justice had “abdicat[ed] its responsibility to zealously defend the interests of the United States” and that the settlement disregarded Justice Department policies “and accomplished objectives beyond those authorized, as well as those specifically prohibited, by law.” She even specified that her opinion should be sent to the New York state bar, where Blanche may face discipline.

There were a lot of questions about this settlement at Blanche’s recent confirmation. But the problem here isn’t just the details of the settlement. The problem is that Blanche was willing to settle.

The attorney general occupies a unique position in the constitutional firmament, representing the U.S. itself rather than the president. Consequently, one of the attorney general’s most important jobs is telling the president, when appropriate, “No.”

This happens more often than you might think. Attorney General John Ashcroft refused to sign off on a secret domestic spying program because he believed it was illegal. Not only did he resist intense pressure from then-President George W. Bush, he did so from his hospital bed shortly after undergoing emergency surgery.

Attorney General Jeff Sessions, much to Trump’s shock and annoyance during his first term in office, became a zealous defender of the rule of law and the independence of the Justice Department. Even Bill Barr stood up to the president when he finally found a line he could not cross.

Blanche clearly lacks this independence, and it makes him unfit to serve as attorney general. He couldn’t say “no” to Trump’s attempt to abuse the court system by filing a $10 billion sham lawsuit. He can’t even bring himself to say “no” to the president now that the court has declared that “the purported ‘settlement agreement'” is void. Despite the court’s order, Blanche continues to insist that Trump’s immunity deal is still in force.

This isn’t about Trump’s policies or Blanche’s resume. It’s not about party politics. It’s about Blanche lacking an ethical backbone and the willingness to exercise independent judgment. Blanche gave the game away himself when asked by Sen. John Kennedy whether he was Trump’s friend. Blanche replied, “I’m his lawyer.” He quickly corrected himself by adding, “was his lawyer.” But slips don’t come much more Freudian than that.

I understand why Trump, personally, is desperate to have Todd Blanche as his attorney general. It’s the same reason why Republican senators should refuse to confirm him.

Even if you give garden-variety Republicans a pass, there are 21 Republican lawyers in the Senate, and every single one understands that Blanche is ethically and temperamentally unfit to be attorney general. The attorney general of the U.S. is supposed to be the country’s chief defender of the rule of law, not the president’s tool for subverting it.

Should Blanche be confirmed, it will say far more about Senate Republicans than it does about Blanche. If congressional Republicans view their job as simply rubber-stamping Trump’s worst impulses, why are they there? That’s a question a lot of people will be asking come November.

Chris Truax is an appellate attorney and charter member of the Society for the Rule of Law.

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