Trump’s Own Lawyer Now Runs the DOJ After a 50-49 Nail-Biter

The Senate voted 50-49 in the early hours of Saturday to confirm Todd Blanche, President Trump’s former personal criminal defense attorney, as U.S. attorney general, capping a bruising confirmation fight that came down to a single vote taken around 4:31 a.m. The path cleared Friday when Sen. Bill Cassidy (R-La.) announced he would vote yes, heading off fears of a third Republican defection; Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) joined every Democrat in voting no, while Senate Minority Leader Mitch McConnell did not vote. Cassidy said the choice was “not between perfection and Mr. Blanche” but between Blanche and a less accountable acting attorney general [1, 2, 3]. The confirmation was complicated by conflict-of-interest concerns tied to a $1.8 billion settlement fund benefiting Trump allies and January 6 defendants that Blanche will now help oversee as head of the Justice Department [4].

Why It Sucks:

Conservatives

• Loyalist finally leads DOJ. Conservatives argue Blanche’s firsthand experience defending Trump against what they call a politicized prosecution gives him unique insight to root out the “weaponization” of the department against the right [1, 4].
• Cassidy’s vote validates the pick. Republicans point to Cassidy’s rationale — that the alternative was an unaccountable acting AG — as proof Blanche was the responsible, stabilizing choice for DOJ leadership [2].
• Overdue accountability on J6. Conservatives who back the $1.8 billion compensation fund say Blanche will finally deliver restitution to Jan. 6 defendants they view as wrongly targeted by the Biden-era DOJ [4].

Democrats

• Trump’s own lawyer now runs DOJ. Democrats warn that installing the president’s former personal criminal defense attorney atop the Justice Department erases any pretense of independence between the White House and federal law enforcement [1, 3].
• Razor-thin margin exposes the risk. With a 50-49 vote and only two Republican defections, Democrats argue Blanche lacks a mandate and will be seen as illegitimate by half the country whenever DOJ makes a controversial call [1, 2].
• Conflict of interest is baked in. Democrats point to the $1.8 billion fund benefiting Trump allies as the clearest example of why a former Trump defense lawyer shouldn’t be deciding DOJ’s spending and prosecutorial priorities [4].

Legal Ethics Experts and Career DOJ Officials

• Norms erode regardless of party. Ethics experts argue that any president installing his personal lawyer as attorney general sets a precedent that will outlast this administration, inviting future presidents of both parties to do the same [1, 3].
• Recusal questions go unanswered. Legal scholars note Blanche has not detailed how — or whether — he will recuse from matters touching his former client, leaving career prosecutors without clear guidance [2].
• DOJ morale takes another hit. Career officials worry that a confirmation decided by a single vote in the dead of night signals to the rank-and-file that department leadership is now inseparable from partisan combat [1, 4].

Sources & Citations:

[1] NPR: Senate votes to confirm Todd Blanche as attorney general
[2] The Hill: Senate confirms Todd Blanche as attorney general after bruising fight
[3] Washington Post: Todd Blanche confirmed as attorney general in narrow Senate vote after tough fight
[4] WUSF/NPR: Late-summer recess begins after Senate rushes through final votes