CREW, 18 groups urge senators to reject Blanche for attorney general

Acting Attorney General Todd Blanche’s recent statements intended to resolve questions about the Trump v. IRS “settlement” agreements are legally and practically insufficient and do not prevent future implementation of the agreement. CREW and 18 groups, including The Leadership Conference for Civil and Human Rights, Public Citizen and NAACP Legal Defense & Educational Fund  sent a letter urging senators to oppose Blanche’s nomination for attorney general, given his failure to adequately resolve the concerns expressed by a number of senators and the public about the “settlement” and his nomination. 

The documents Blanche issued on August 2 have no legal impact, because neither document is a written agreement between the Trump v. IRS parties, and the “settlement agreement” can be “modified only with the written agreement of the parties” according to its terms. President Trump could still sue to enforce the terms of the “settlement,” regardless of Blanche’s public representations.

Crucially, Blanche’s documents do nothing to stop the Trump administration from paying January 6th insurrectionists and Trump allies, whether by rescinding those documents, starting a new fund or paying claims under the Federal Tort Claims Act. Under Blanche’s leadership, Department of Justice officials are reportedly exploring how they can support claims against the government and “expedite payments without requiring an expensive and lengthy process that might draw attention,” and President Trump has repeatedly demonstrated his interest in paying convicted January 6th defendants and other allies.

Furthermore, Blanche’s documents do not solve the unprecedented immunity granted to Trump by Blanche’s original May 19 order, which goes far beyond an ordinary settlement of claims related to the underlying case. This immunity could absolve Trump of potential tax penalties of more than $100 million, and that alone is a glaring issue. Blanche’s statement purporting that the agreement is “only” retroactive and limited to the named parties does not resolve the corruption inherent in the deal—and any senator who votes to confirm Blanche would be signing off on what is essentially a $100 million get-out-of-jail-free card for Trump.

Blanche’s record as acting attorney general and deputy attorney general confirms that he acts, first and foremost, in the president’s interest, rather than that of the American people. The Senate must reject his nomination for attorney general.