Senate Judiciary Vote on Todd Blanche Faces IRS Settlement Dispute

The Senate Judiciary Committee is scheduled to vote Tuesday, August 4, on Todd Blanche’s nomination to become attorney general after two Republican senators withheld support over a disputed settlement involving the Internal Revenue Service.

The committee postponed its planned vote during a July 30 executive business meeting as Sens. John Cornyn of Texas and Thom Tillis of North Carolina sought written assurances about a proposed anti-weaponization fund and tax-audit protections described in reporting on the settlement of President Donald Trump’s lawsuit against the IRS.

The dispute has placed Blanche’s nomination at the center of a broader question about Senate confirmation power: how far can senators press the executive branch for written commitments about Justice Department and IRS actions while deciding whether to advance a top administration official?

What the committee did

The Judiciary Committee’s official record lists its July 30 executive business meeting as postponed. Todd Blanche was the only nominee listed on the agenda for that meeting.

Committee Chairman Chuck Grassley, R-Iowa, later placed Blanche’s nomination on the calendar for Tuesday, August 4. The Associated Press reported that Grassley wants Blanche confirmed before the Senate’s August recess and that scheduling the vote gives the White House more time to secure the votes needed to advance the nomination.

A committee vote would decide whether to send the nomination to the full Senate. It would not guarantee confirmation by the full chamber.

What Cornyn and Tillis want

The senators’ objections concern terms described in reporting on the administration’s settlement of Trump’s lawsuit against the IRS. The agreement was reported to include a proposed $1.776 billion Anti-Weaponization Fund to compensate people who say they were mistreated by the Justice Department, along with protections from tax audits for Trump and members of his family.

The Justice Department said in June that it was no longer moving forward with the fund after bipartisan objections. Cornyn and Tillis have nevertheless sought written language stating that Blanche’s May 18 order establishing the fund has been rescinded and has no legal effect.

The senators also want clarification about the settlement’s tax-audit provisions. Cornyn has said the protections should apply only to existing matters and should not extend to future tax filings. The scope and legal effect of those provisions remain disputed, and the settlement should not be treated as a settled expansion of immunity beyond what the documented reporting describes.

Trump’s August 1 threat

On Saturday, August 1, Trump threatened to keep Blanche as acting attorney general if Cornyn and Tillis did not support the nomination. He also said he would push to restore the Anti-Weaponization Fund.

That was a stated threat, not a completed administrative action. It followed Trump’s comments on Friday, July 31, that the fund was “dead,” even as he continued to defend its purpose. The conflicting public positions have made it harder for the senators to accept verbal assurances alone.

Blanche is already serving as acting attorney general. That makes the dispute relevant beyond the confirmation calendar: the Justice Department has a leader in place, while the Senate is deciding whether to advance his nomination and give the full chamber the opportunity to consider him for the permanent position.

Why the dispute matters

The Senate’s advice-and-consent role gives senators the power to consider, delay or reject executive nominations. In practice, senators may also seek answers, documents or written commitments from the administration before deciding how to vote.

That authority does not give the Senate direct control over every executive-branch decision. The central question in this dispute is whether written assurances connected to a Justice Department and IRS settlement can resolve senators’ concerns enough for them to advance Blanche’s nomination.

The timing also matters. The administration is seeking confirmation before lawmakers leave Washington for the August recess, while Cornyn and Tillis are holding out for additional assurances about the fund and the tax-audit provisions.

What to watch next

The immediate question is whether the Judiciary Committee holds its scheduled vote on August 4 and whether Cornyn and Tillis receive the written assurances they have requested.

If the committee advances Blanche, Senate leaders would then have to decide whether to bring the nomination before the full chamber before the August recess. If the objections remain unresolved, the nomination could face another delay even though Blanche is already serving in an acting capacity.

The settlement questions will also remain important. The fund, the scope of the tax-audit protections and the administration’s authority to change or revive disputed terms are separate issues from the committee vote, but they are now directly tied to the Senate’s decision over whether to advance the nominee who is currently leading the Justice Department.

Sources

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