Blanche confronts skeptical questioning of fund, tax deal for Trump at Senate confirmation hearing

WASHINGTON (AP) — Acting Attorney General Todd Blanche confronted skeptical questioning at a Senate confirmation hearing Wednesday about the creation of a fund to compensate allies of President Donald Trump and a tax immunity deal for the president as he aimed to lock down the Republican support needed to advance his nomination.

Blanche insisted that the $1.776 billion “Anti-Weaponization Fund,” which was scrapped after fierce bipartisan backlash, was “not moving forward.” But lawmakers, including Republican Sen. John Cornyn, raised concerns that the Trump administration has yet to commit in writing that the fund is dead and that it could therefore conceivably be resurrected.

“Just to be clear, the president of the United States, who's a plaintiff in this lawsuit, has not agreed in writing to delete the ‘Anti-Weaponization Fund’ and there’s no guarantee that he won’t raise it in the future?” Cornyn asked. Blanche replied that Trump has no power over the fund, which was to have been administered by the Justice Department but never launched.

Cornyn's questions were closely watched given that Blanche requires the support of all Republicans on the Judiciary Committee and the Texas senator has yet to commit to back him.

The hearing arrived at a tumultuous time for the Justice Department, with mass firings and resignations hollowing out the workforce and Democrats and other critics raising alarms that Blanche is still functioning as the president's personal lawyer. He has led the department on an interim basis since April, functioning during that time as the public face of the maligned and later-withdrawn fund and accelerating investigations into perceived Trump adversaries

Those actions, along with the flawed release of files from the Jeffrey Epstein sex-trafficking investigation, received fresh scrutiny Wednesday as Blanche testified for the opportunity to serve out the duration of Trump’s term.

“You’re in charge of a Department of Justice I don’t recognize, prosecuting the president’s political enemies, firing rank and file prosecutors and FBI agents,” Democratic Sen. Chris Coons of Delaware told Blanche. “These are some actions that in your previous confirmation hearing before us, you said you would not take.”

Blanche, for his part, insisted that he has presided over a course correction at the department following investigations into Trump during the Biden administration.

“In recent years, we watched the Justice Department turned against many of you and a former president, and it damaged the public’s faith in justice,” Blanche argued. “We are fixing that.

Blanche will need the support of each Republican on the panel

Key to Blanche's confirmation are Cornyn of Texas, who in May lost his primary, and Sen. Thom Tillis, a North Carolina Republican who has opted not to seek reelection. Entering the final stretches of their Senate career, both men are seen as more likely than before to split from Trump and both have been outspoken critics of the fund the Trump administration created to compensate people who feel unjustly persecuted by the criminal justice system, and then quickly withdrew.

Tillis has said he will not support for attorney general anyone who equivocates on the events of Jan. 6, 2021, when pro-Trump rioters stormed the U.S. Capitol in a bid to halt the congressional certification of Trump's election loss to Democrat Joe Biden.

Democrats tried to press Blanche on his views on the Jan. 6 violence and Trump’s pardons of the more than 1,500 people who were charged, including those who were convicted of violently attacking police.

He appeared to grow frustrated as Democratic Sen. Sheldon Whitehouse criticized him for comments he made at a political conference earlier this year in which he spoke of the Jan. 6 pardons as an accomplishment for the administration. Blanche replied that he has “never said that any sort of violence against law enforcement is appropriate.”

“He has the absolute right to pardon anybody for any reason he sees fit,” Blanche said of the president. “I am not celebrating that. It is a fact.”

With the death of South Carolina Republican Sen. Lindsey Graham, who was a member of the Senate Judiciary Committee, there are 11 Republicans and 10 Democrats on the panel. If even one Republican on the committee votes against Blanche, it could scuttle his nomination.

Blanche insists the fund is dead. Lawmakers aren't so sure

The “Anti-Weaponization Fund" emerged as part of a settlement of Trump’s $10 billion lawsuit against the Internal Revenue Service over his leaked tax returns.

Blanche initially defended the fund during congressional appearances only to reveal later that it was being scrapped, a retreat that followed fierce bipartisan backlash that flared during a tense closed-door meeting he had with lawmakers.

The judge who presided over the case said in a scathing ruling Monday that Trump and his lawyers had manipulated the court system through the lawsuit and subsequent settled. The judge, Kathleen Williams, said Monday she was troubled by Blanche's involvement in the settlement given that he previously represented Trump and sent a copy of her ruling to the New York Bar Association, where an investigation is pending.

“I very much disagree with the judge's insinuations about me, and we're going to do what we can to make that right,” Blanche said.

Blanche also defended a separate element of the settlement that afforded Trump and members of his family protection from tax audits and that, he has said, remains on track despite outrage over it even from Republicans. He denied that it placed Trump above the law.

Epstein files are also under scrutiny

Other testimony focused on Blanche's handling of the Epstein files, especially after his predecessor Pam Bondi told lawmakers behind closed doors after her ouster as attorney general that Blanche was the department’s point person on the release of documents from the sex trafficking case into the late financier.

The staggered release, mandated by an act of Congress, was beset by problems, including redaction errors that left exposed nude photos showing the faces of potential victims. Some names, email addresses and other identifying information were either unredacted or not fully obscured. About 1% of the records had redactions that needed to be fixed, he said.

Blanche said though “mistakes were made,” the disclosure of the documents was an exercise in unprecedented transparency.

“I want to make sure that the American people know that this administration, when it comes to Jeffrey Epstein, has been more transparent than any administration,” he said.

The Justice Department only released additional files after Trump bowed to bipartisan political pressure to sign a law forcing the department to do so.

A former federal prosecutor and key member of Trump's defense team as the Republican battled four indictments between his first and second terms, Blanche arrived at the Justice Department last year as deputy attorney general. At one point, under friendly questioning from Republican Sen. John Kennedy about whether he and Trump are friends, Blanche responded: “I’m his lawyer,” before quickly correcting himself to say he “was his lawyer.”

He ascended to the top job after Trump ousted Bondi, who had frustrated the White House by struggling to bring successful cases against Trump's political opponents. Blanche has tried to satisfy the president in that regard.

He has appointed a new prosecutor to spearhead a Florida-based investigation centered on former government officials Trump dislikes. The Justice Department under Blanche's watch also secured an indictment of ex-FBI Director James Comey, another Trump adversary, on charges of threatening the 47th president by posting a social media photograph of seashells in the numerical arrangement of “86 47.” Comey has said he assumed the numbers reflected a political message, not a call to violence.

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Associated Press writers Meg Kinnard and Michael Kunzelman contributed to this report.

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