{"id":159487,"date":"2026-08-04T15:34:15","date_gmt":"2026-08-04T23:34:15","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/08\/04\/todd-blanche-will-probably-be-confirmed-even-though-some-republican-senators-are-performatively-on-the-fence\/"},"modified":"2026-08-04T15:34:15","modified_gmt":"2026-08-04T23:34:15","slug":"todd-blanche-will-probably-be-confirmed-even-though-some-republican-senators-are-performatively-on-the-fence","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/08\/04\/todd-blanche-will-probably-be-confirmed-even-though-some-republican-senators-are-performatively-on-the-fence\/","title":{"rendered":"Todd Blanche Will Probably Be Confirmed Even Though Some Republican Senators Are Performatively On The Fence"},"content":{"rendered":"

Todd Blanche cleared the Senate Judiciary Committee Tuesday<\/a>, which means the only thing standing between him and confirmation as the permanent Attorney General of the United States is a full Senate floor vote. Though it seems likely that step is but a formality, a handful of Republicans are being very careful not to commit to anything until they\u2019ve had a chance to read the fine print.<\/p>\n

At this point, the story<\/a> is the vote break down. With Mitch McConnell\u2026 ahem, absent from the Senate, Republicans can lose exactly two votes and still confirm Blanche. Democrats seem unified in opposition and, per Senate Minority Leader Chuck Schumer, ready to use every available procedural tool. That means they can drag the confirmation into the weekend, though they can\u2019t stop it if 50 GOP senators hold. Schumer has already framed his approach: Blanche is \u201cthe architect of Trump\u2019s grifts,\u201d which is also a pretty clean midterm bumper sticker.<\/p>\n

Senator Lisa Murkowski said Blanche\u2019s backing away from the Trump slush fund<\/a> \u2014 that is, the Anti-Weaponization Fund created by Blanche earlier this year as part of a deal to drop Trump\u2019s $10 billion lawsuit against the IRS over the leak of his tax returns \u2014 is \u201ca pretty good step\u201d before immediately adding that she\u2019d \u201clike to find out a little bit more about the negotiations\u201d and that she\u2019s \u201ccurious about what went on over the weekend.\u201d She plans to speak with Tillis and Cornyn first. Senator Susan Collins said she wants to read the agreement, \u201cUntil I do that, I am not going to make a judgment.\u201d Senator Bill Cassidy \u2014 who, like Cornyn, lost his primary to a Trump-backed challenger this year \u2014 declined to discuss Blanche at all Monday. Senator John Curtis of Utah has also not publicly committed. But let\u2019s be so for real right now, once Blanche got out of committee the rest of the MAGA faithful are going to fall in line.<\/p>\n

The Democrats predicting those commitments will prove worthless aren\u2019t exactly going out on a limb. \u201cThere are so many loopholes. I wouldn\u2019t be surprised if the president went ahead with the program,\u201d said Senator Dick Durbin, the top Democrat on the Judiciary Committee \u2014 who, you may recall, got told by Blanche that the fund was a mistake, only to have Blanche call him a liar in his written responses<\/a>. Senator Tammy Baldwin was more direct about the agreement Cornyn and Tillis struck, \u201cI don\u2019t think that that commitment is worth what it\u2019s written on.\u201d<\/p>\n

All of which feels pretty accurate. An AG order rescinding a previous AG order can be superseded by another AG order. Republican lawyer Mike Howell put it plainly, \u201cCan be undone after Tuesday.\u201d And Trump wants the fund back\u2026 so yeah, none of this is reassuring.<\/p>\n

Tillis, for his part, is prepared to vote yes, but made clear Monday he\u2019s \u201cnot done analyzing the anatomy of this deal and who played a role in there,\u201d a pointed reference to whoever in Trump\u2019s orbit was blocking written commitments for weeks while Blanche insisted words said out loud were plenty sufficient<\/a>. \u201cI\u2019m not going to speak for other members,\u201d Tillis added, \u201cbut I think that it\u2019ll be a solid vote.\u201d Former Blanche skeptic Senator John Kennedy changed his tune yesterday, when asked whether Blanche would be confirmed, he said simply, \u201cYes, I do.\u201d<\/p>\n

So, the confirmation will probably happen before recess. The slush fund will probably come back after that. And somewhere in the middle, a handful of Republican senators will have decided that hollow promises are good enough.<\/p>\n

Earlier:<\/strong> The Trump Slush Fund Is Dead. Long Live The Trump Slush Fund.<\/a>
Trump: I\u2019ll Pull Blanche\u2019s Nomination And Resubmit After Cornyn And Tillis Are Gone. Cornyn: Cool, Roll The Dice.<\/a>
Blanche Pantsed By Trump Rants<\/a>
Todd Blanche\u2019s Confirmation Vote Gets Postponed Because He Just Won\u2019t Put His Promises In Writing<\/a>
Todd Blanche\u2019s Confirmation Is Being Held Up By Todd Blanche<\/a>
Todd Blanche\u2019s Confirmation Strategy: Call Two Senate Judiciary Committee Members Liars<\/a>
A Former DOJ Lawyer Testified Against Todd Blanche. Then The Death Threats Started.<\/a>
Paging Dr. Freud: Todd Blanche Calls Himself Trump\u2019s Lawyer At His Attorney General Confirmation Hearing<\/a>
Todd Blanche Got The Attorney General Nomination. Getting Confirmed Is Another Matter.<\/a><\/p>\n

\n

\"\"<\/p>\n

Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/p>\n

The post Todd Blanche Will Probably Be Confirmed Even Though Some Republican Senators Are Performatively On The Fence<\/a> appeared first on Above the Law<\/a>.<\/p>\n

<\/em><\/strong><\/p>\n

\"\"
\n\t\t\t\t\t\t\t(Photo by Nathan Posner\/Anadolu via Getty Images)\t\t\t\t\t\t<\/figcaption><\/figure>\n

Todd Blanche cleared the Senate Judiciary Committee Tuesday<\/a>, which means the only thing standing between him and confirmation as the permanent Attorney General of the United States is a full Senate floor vote. Though it seems likely that step is but a formality, a handful of Republicans are being very careful not to commit to anything until they\u2019ve had a chance to read the fine print.<\/p>\n

At this point, the story<\/a> is the vote break down. With Mitch McConnell\u2026 ahem, absent from the Senate, Republicans can lose exactly two votes and still confirm Blanche. Democrats seem unified in opposition and, per Senate Minority Leader Chuck Schumer, ready to use every available procedural tool. That means they can drag the confirmation into the weekend, though they can\u2019t stop it if 50 GOP senators hold. Schumer has already framed his approach: Blanche is \u201cthe architect of Trump\u2019s grifts,\u201d which is also a pretty clean midterm bumper sticker.<\/p>\n

Senator Lisa Murkowski said Blanche\u2019s backing away from the Trump slush fund<\/a> \u2014 that is, the Anti-Weaponization Fund created by Blanche earlier this year as part of a deal to drop Trump\u2019s $10 billion lawsuit against the IRS over the leak of his tax returns \u2014 is \u201ca pretty good step\u201d before immediately adding that she\u2019d \u201clike to find out a little bit more about the negotiations\u201d and that she\u2019s \u201ccurious about what went on over the weekend.\u201d She plans to speak with Tillis and Cornyn first. Senator Susan Collins said she wants to read the agreement, \u201cUntil I do that, I am not going to make a judgment.\u201d Senator Bill Cassidy \u2014 who, like Cornyn, lost his primary to a Trump-backed challenger this year \u2014 declined to discuss Blanche at all Monday. Senator John Curtis of Utah has also not publicly committed. But let\u2019s be so for real right now, once Blanche got out of committee the rest of the MAGA faithful are going to fall in line.<\/p>\n

The Democrats predicting those commitments will prove worthless aren\u2019t exactly going out on a limb. \u201cThere are so many loopholes. I wouldn\u2019t be surprised if the president went ahead with the program,\u201d said Senator Dick Durbin, the top Democrat on the Judiciary Committee \u2014 who, you may recall, got told by Blanche that the fund was a mistake, only to have Blanche call him a liar in his written responses<\/a>. Senator Tammy Baldwin was more direct about the agreement Cornyn and Tillis struck, \u201cI don\u2019t think that that commitment is worth what it\u2019s written on.\u201d<\/p>\n

All of which feels pretty accurate. An AG order rescinding a previous AG order can be superseded by another AG order. Republican lawyer Mike Howell put it plainly, \u201cCan be undone after Tuesday.\u201d And Trump wants the fund back\u2026 so yeah, none of this is reassuring.<\/p>\n

Tillis, for his part, is prepared to vote yes, but made clear Monday he\u2019s \u201cnot done analyzing the anatomy of this deal and who played a role in there,\u201d a pointed reference to whoever in Trump\u2019s orbit was blocking written commitments for weeks while Blanche insisted words said out loud were plenty sufficient<\/a>. \u201cI\u2019m not going to speak for other members,\u201d Tillis added, \u201cbut I think that it\u2019ll be a solid vote.\u201d Former Blanche skeptic Senator John Kennedy changed his tune yesterday, when asked whether Blanche would be confirmed, he said simply, \u201cYes, I do.\u201d<\/p>\n

So, the confirmation will probably happen before recess. The slush fund will probably come back after that. And somewhere in the middle, a handful of Republican senators will have decided that hollow promises are good enough.<\/p>\n

Earlier:<\/strong> The Trump Slush Fund Is Dead. Long Live The Trump Slush Fund.<\/a>
Trump: I\u2019ll Pull Blanche\u2019s Nomination And Resubmit After Cornyn And Tillis Are Gone. Cornyn: Cool, Roll The Dice.<\/a>
Blanche Pantsed By Trump Rants<\/a>
Todd Blanche\u2019s Confirmation Vote Gets Postponed Because He Just Won\u2019t Put His Promises In Writing<\/a>
Todd Blanche\u2019s Confirmation Is Being Held Up By Todd Blanche<\/a>
Todd Blanche\u2019s Confirmation Strategy: Call Two Senate Judiciary Committee Members Liars<\/a>
A Former DOJ Lawyer Testified Against Todd Blanche. Then The Death Threats Started.<\/a>
Paging Dr. Freud: Todd Blanche Calls Himself Trump\u2019s Lawyer At His Attorney General Confirmation Hearing<\/a>
Todd Blanche Got The Attorney General Nomination. Getting Confirmed Is Another Matter.<\/a><\/p>\n

\n

\"\"Kathryn Rubino is a Senior Editor at Above the Law, host of\u00a0The Jabot podcast<\/a>, and co-host of\u00a0Thinking Like A Lawyer<\/a>. AtL tipsters are the best, so please connect with her. Feel free to email\u00a0her<\/a>\u00a0with any tips, questions, or comments and follow her on Twitter\u00a0@Kathryn1<\/a>\u00a0or Bluesky\u00a0@Kathryn1<\/a><\/em><\/strong><\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Todd Blanche cleared the Senate Judiciary Committee Tuesday, which means the only thing standing between him and confirmation as the permanent Attorney General of the United States is a full Senate floor vote. Though it seems likely that step is but a formality, a handful of Republicans are being very careful not to commit to […]<\/p>\n","protected":false},"author":3,"featured_media":159488,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-159487","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/08\/IMG_5243-1-scaled-e1623338814705-620x568-14Jmlj.jpg?fit=620%2C568&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/159487","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=159487"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/159487\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/159488"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=159487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=159487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=159487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}