todd blanche needs every single republican vote on the senate judiciary committee to become attorney general. as of this week, he doesn’t have it because one texas senator, who has nothing left to lose politically, is refusing to move until he gets something in writing.
Why Cornyn Blocks Blanche’s Nomination
john cornyn blocks blanche’s confirmation over unresolved terms in a settlement blanche’s own justice department negotiated in may the deal that resolved trump’s personal lawsuit against the internal revenue service and treasury department.
that settlement did two things simultaneously. it created a nearly $1.8 billion “anti-weaponization fund,” intended to compensate people who claim they were unfairly targeted by politically motivated prosecutions. and separately, in an order signed by blanche himself, it shielded trump, his family, and his business associates from IRS audits covering tax returns filed before the settlement.
The Backlash That Started This
the fund itself triggered immediate bipartisan criticism, largely centered on one specific concern: as written, participants in the january 6, 2021 capitol riot could potentially qualify as claimants for the taxpayer-funded payouts. facing that outcry, the trump administration backed off, with blanche publicly declaring the fund dead and not moving forward.
cornyn wasn’t satisfied with a verbal declaration. “has there been a written agreement of the parties to modify the settlement fund?” cornyn asked directly. blanche’s answer: “no, the settlement fund is just not moving forward… there’s no modification. it never started. no money went from the treasury to any other account.”
for cornyn, that’s not good enough. the reason cornyn blocks blanche specifically over documentation, rather than accepting verbal assurances, is that the underlying settlement itself states any changes must be agreed upon in writing by all parties involved meaning without a formal amendment, the fund technically remains available to be revived, including through a breach of contract lawsuit from trump himself attempting to compel the payouts.
The Audit Immunity Question
the second, arguably more significant piece of why cornyn blocks blanche involves the tax audit shield. as written, the settlement’s immunity language is broad enough that legal observers have described it as potentially covering a wide range of matters “currently pending or that could be pending” before the irs, treasury department, or other agencies.
cornyn and fellow republican senator thom tillis of north carolina want written confirmation narrowing that scope — specifically, that the audit protection applies only to the actual parties involved in the lawsuit (not extended broadly to other individuals or businesses), and that it applies only to the irs and treasury department, not other federal agencies. legal analysts have estimated the value of the audit immunity to trump personally at roughly $100 million.
blanche testified at his confirmation hearing that the settlement was never intended to protect non-parties or provide prospective immunity from future audits but cornyn wants that specific testimony converted into a binding, written legal document, not left as spoken assurance under oath.
The Political Backstory
what makes the situation where cornyn blocks blanche particularly notable is cornyn’s own political position. he lost his may republican primary to trump-endorsed texas attorney general ken paxton and is set to leave the senate entirely when his term ends in january 2027.
trump addressed the standoff directly with reporters in the oval office, suggesting a personal motive: “maybe john cornyn is upset with me because i didn’t endorse him.” cornyn has pushed back on that characterization, saying it has nothing to do with their political history, and telling reporters bluntly about the administration’s posture: “maybe they think i’m just going to give up or, you know, go along. but they’re mistaken.”
Where Things Stand Now
a scheduled wednesday meeting between cornyn and blanche was cancelled after blanche again arrived without any written proposal addressing cornyn’s demands. the committee vote, originally scheduled for the preceding thursday, remains indefinitely postponed and with democrats unanimously opposed to blanche’s confirmation, cornyn’s single “no” vote is sufficient to sink the nomination in committee.
cornyn has indicated senator tillis shares similar concerns, which would mean the administration needs to satisfy at least two holdout republicans, not one.
trump has reportedly floated the option of simply withdrawing blanche’s nomination altogether a move that would carry limited practical consequence, since blanche can continue serving indefinitely as acting attorney general regardless of whether he’s ever formally confirmed.
Cornyn Blocks Blanche The Bottom Line
a lame-duck republican senator with no reelection to worry about is the only thing standing between todd blanche and senate confirmation, over a settlement that critics say could shield the president from roughly $100 million in personal tax liability and potentially compensate january 6 defendants with public money.
whether cornyn’s demand for written modifications gets met or whether the administration simply lets blanche continue indefinitely as acting attorney general without ever resolving it remains unsettled.
follow this blog for updates as the confirmation standoff develops.
