Todd Blanche's path to confirmation as attorney general stalled Wednesday when the Department of Justice failed to meet a deadline set by two powerful Republican senators: deliver written modifications to a settlement agreement involving the IRS, President Donald Trump and his family.
Senators John Cornyn of Texas and Thom Tillis of North Carolina have effectively halted Blanche's confirmation momentum by demanding the DOJ produce explicit, written proposals modifying the nearly $2 billion anti-weaponization fund and audit immunity provisions that were part of the IRS settlement announced earlier this year. Without those documents, no confirmation vote would proceed.
The deadline was 4 p.m. Wednesday. The DOJ missed it. Within hours, Senate Judiciary Committee Chair Chuck Grassley postponed the hearing indefinitely.
Cornyn is asking for the written agreement to match what Blanche testified under oath. During his confirmation hearing, Blanche claimed the settlement included specific restrictions on IRS audits of Trump and his affiliates. But the actual signed agreement apparently contains language that Cornyn believes creates ambiguity or loopholes.
"We need to conform the actual document to what Todd Blanche testified under oath as the president's acting attorney general," Cornyn said, adding that meetings with the administration had been canceled twice because "they have not been responsive in providing those written documents."
Tillis struck a more diplomatic tone, insisting he has no "beef" with the DOJ or Blanche personally. But he emphasized that getting written modifications through the bureaucratic process is complex and that multiple parties need to sign off on any changes.
"If we can get it done or possibly get him reported out on Tuesday, if they schedule a markup, I would support that if we get the language," Tillis said.
Senate Majority Leader John Thune characterized the dispute as one between the White House and the two holdout senators, encouraging both sides to reach resolution. But Thune's optimism that a deal could be struck before a floor vote next week appeared premature.
The Trump administration's public posture has been notably detached. When asked about the holdup, Trump told reporters he hadn't heard there was a problem and suggested Cornyn might be acting out of personal frustration over a lost endorsement. "All I can say is Todd Blanche is outstanding," Trump said. "I thought it was pretty routine because he's so good."
The anti-weaponization fund that Cornyn and Tillis want modified has drawn criticism from both parties. Republicans and Democrats expressed alarm that billions in the fund could potentially reach individuals involved in the January 6 Capitol riot. The audit immunity provisions raise another question: Should the IRS agree never to audit the president and his business interests as part of a settlement, especially one negotiated while that president's hand-picked attorney general oversees the department managing the IRS?
Blanche spent Wednesday afternoon meeting with various senators, including Senate Majority Whip John Barrasso. He declined to comment. His schedule reflected the frantic efforts of a nominee whose confirmation suddenly became uncertain.
Cornyn, who is leaving the Senate at year's end after being ousted by Trump-backed Ken Paxton, has less incentive than ever to yield. Tillis appears willing to negotiate, but only if the documentation appears.
Blanche's confirmation hinges on whether the government can produce the written modifications two Republican senators demand.
