Todd Blanche has been Attorney General for two weeks and already the DOJ’s next confirmation battle is taking shape… and it has a very familiar problem at its center.
Acting Deputy Attorney General Trent McCotter is reportedly the frontrunner for Blanche’s old job, according to Bloomberg Law, with strong backing from some in the White House and the support of Trump gadfly Boris Epshteyn. There’s just one catch: McCotter was one of the principal architects of the $1.776 billion Anti-Weaponization Fund. You know, the slush fund that caused Sens. Cornyn and Tillis to drag their feet on getting Blanche’s nom out of committee? Recall a federal judge found the slush fund was “akin to a fraud on the court,” and that Blanche had to formally rescind in writing (not that it’s worth more than the paper it is written on) just to get the AG role.
Are Republicans really ready for another news cycle that heavily features the phrase “Trump slush fund”?
But don’t worry! That’s not McCotter’s only baggage! After being elevated to Principal Associate DAG in April, McCotter intervened to dismiss DOJ’s blockbuster fraud charges against Indian billionaire Gautam Adani — charges that had been built over years by career prosecutors. A federal judge approved the dismissal on August 11 while taking the unusual step of criticizing McCotter’s justification directly, finding it contained a “baseless assertion” that was “unbecoming of his office.” That is not a great line to have in your file when you’re auditioning for the number two job at the DOJ.
All this is messy AF headed into a contentious election season, and some are questioning if it’s worth it. Other contenders for the role include Colin McDonald, who runs the newly created DOJ fraud division and has a closer relationship with Blanche; Harmeet Dhillon, who has had an interesting record at the Civil Rights division, is actively lobbying for the nomination but is considered nonviable by DOJ leadership; Stanley Woodward who, you may recall, filed a wildly inappropriate response to Judge Brinkema claiming she was violating separation of powers by asking for a sworn declaration, but who isn’t inclined to leave his current role; and Bill Essayli, the Los Angeles First Assistant U.S. Attorney, who has fans in the White House but a “polarizing” and “partisan” record that could complicate confirmation.
But finding a qualified and confirmable DAG that actually wants to serve in this administration is not the easiest thing. Blanche only got confirmed by the slimmest of margins, but he’s arguably the closest thing the administration could find to someone who fit the traditional profile while also being in Trump’s inner circle. Finding his replacement is going to be harder.
Earlier: The Senate Confirmed Todd Blanche At 4am. Nothing Good Happens After Midnight.
Todd Blanche Threading The Narrowest Of Needles For Confirmation
Todd Blanche Loses Susan Collins’s Vote. Blame His Secret Promises To Anti-Abortion Groups.
Todd Blanche Will Probably Be Confirmed Even Though Some Republican Senators Are Performatively On The Fence
The Trump Slush Fund Is Dead. Long Live The Trump Slush Fund.
Blanche Pantsed By Trump Rants
Trump: I’ll Pull Blanche’s Nomination And Resubmit After Cornyn And Tillis Are Gone. Cornyn: Cool, Roll The Dice.
Todd Blanche’s Confirmation Vote Gets Postponed Because He Just Won’t Put His Promises In Writing
Todd Blanche’s Confirmation Is Being Held Up By Todd Blanche
Todd Blanche’s Confirmation Strategy: Call Two Senate Judiciary Committee Members Liars
A Blanche Confirmation Hearing Witness Is Getting Death Threats. Thanks, Sens. Hawley And Schmitt!
Paging Dr. Freud: Todd Blanche Calls Himself Trump’s Lawyer At His Attorney General Confirmation Hearing
Todd Blanche’s Former SDNY Colleagues Vouched For Him Last Year. They Won’t Make That Mistake Again.
Well, This Doesn’t Help Todd Blanche
Former DOJ Prosecutors To Senate: Blanche Took The Same Oath We Did. But He Didn’t Keep It.
DOJ Tries To End Slush Fund Suit By Telling Judge Brinkema To Get Bent. Fails.
The DOJ’s $1.8 Billion Slush Fund Has A Child Molester Problem
Todd Blanche Got The Attorney General Nomination. Getting Confirmed Is Another Matter.
Todd Blanche Is Your New Attorney General. Probably.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Bluesky @Kathryn1
The post The Anti-Weaponization Fund Is Supposed To Be Gone. One Of Its Architects Wants To Be The Next Deputy Attorney General. appeared first on Above the Law.