Todd Blanche, President Donald Trump’s nominee to be attorney general, promises Americans that he has no intention of going forward with a $1.8 billion slush fund designed to funnel money out of the Treasury and into the pockets of right-wing attorneys. The outcry that followed the Justice Department’s May 19 announcement of the fund, which would pay the legal bills of political allies charged with crimes ranging from fraud to storming the Capitol on Jan. 6, was deafening. In addition to blowback from many congressional Republicans, a federal judge halted the administration’s disbursement of the money, which was created as part of Trump’s agreement with the federal government stemming from his lawsuit for the leak of his tax returns. Blanche, in his role as acting attorney general, claimed the administration would voluntarily walk away from using the money.
Now, months later, he has resolutely avoided putting this promise in writing, and his failure to formally give up the slush fund is putting at risk his Senate confirmation to permanently head the Justice Department.
The reason behind Blanche’s refusal is obvious: He and Trump want to keep the option to re-open the fund at a later date, along with the ability to write fat checks, paid for with taxpayer money, to the lawyers working on behalf of unsavory right-wing figures.
Blanche knows that world quite well; he has become personally wealthy doing exactly this kind of work.
Blanche knows that world quite well; he has become personally wealthy doing exactly this kind of work. Before taking his job at the Justice Department, first as Pam Bondi’s deputy attorney general, and then as her replacement, Blanche was making millions representing Trump in everything from a civil rape case to criminal fraud. Blanche also knows how such funds pay for that type of work. According to ABC News, between March 2023 and December 2024, his law firm was paid almost $10 million, not by Trump personally, but by a political action committee that was supposed to be funding Republican campaigns.
Blanche’s nomination is imperiled by his refusal to let go of the chance to flood the coffers of right-wing lawyers defending shady characters like his former client and current boss. Thursday’s vote to approve his nomination by the Senate Judiciary Committee was delayed. Sen. John Cornyn, R-Tex. and Sen. Thom Tillis, R-N.C., both who are leaving the Senate at the end of the year, are threatening to vote no unless Blanche formally commits to rolling back the deal that created this slush fund and also gave Trump and his family eternal immunity from IRS audits.
“This is not popular,” Tillis told the New York Times. “It is killing some of our candidates because they can’t explain it. And now it looks like they weren’t being honest when they said it was inoperative.”
It’s not just a “looks like” issue. Anyone who said the fund was inoperative because of Blanche’s informal say-so is either ignorant or lying. As the Democrats on the House Judiciary Committee wrote in June, Blanche and Trump remain committed to funding a “pipeline of taxpayer-funded payouts to political allies and convicted criminals.” Even the conservative National Review’s Andrew McCarthy agrees, writing on Wednesday that “Blanche has resisted memorializing in writing his claim that the fund is kaput, because President Trump wants the fund.”
The White House has already been funneling taxpayer funds to these bad actors through a slightly different but related process. As the Washington Post reported in June, the Justice Department has paid out millions to Trump allies who claim victimization because they were investigated or even convicted of crimes. The family of Ashli Babbitt got a nearly $5 million check over baseless claims that her shooting death during the Jan. 6 riot was unwarranted, even though video footage clearly showed her climbing through a window in an apparent attempt to chase down congressional members and staff fleeing in fear. On Wednesday, the New York Times reported on a seven-figure check written to Paul Vaughn, who was convicted of a federal crime in 2024 for conspiring to blockade an abortion clinic before being pardoned by Trump last year.
Vaughn’s legal representation by the Thomas More Society is a reminder of who really benefits if Blanche and Trump succeed in reviving the fund after the midterm elections: right-wing lawyers, who started licking their lips within moments of the Justice Department’s announcement.
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“Everybody’s very excited about it,” Mark McCloskey, a lawyer representing Jan. 6 defendants, told the Washington Post. Even though his clients have been pardoned by Trump, he has been lobbying for the fund, hoping to see a big payday by claiming wrongful prosecution. Such a claim would be all but certain to fall apart in a court of law. But as the existing track record shows, the goal is to get the Justice Department to “settle” these claims by writing checks to people who otherwise wouldn’t see a dime. Clients would get money, but so would the lawyers — especially those who, like McCloskey, would get a cut of check after check.
At this point, it’s unclear if Blanche would be able to personally benefit from various schemes to pay off Trump’s political allies with government money. He could return to private practice and start taking on those kinds of clients after leaving the Justice Department. By then, though, it’s possible a Democrat will be in the White House again, and will have either shut down the fund or started blocking payments for phony claims made by right-wing operatives. But, as someone who was on a similar gravy train not that long ago, Blanche knows full well how rich his fellow right-wing lawyers could get from this.
And it’s not just private practice lawyers, either. Groups like the Thomas More Society, Alliance Defending Freedom and other far-right legal nonprofits need funding for their legal crusades, as seen by the lawsuit that overturned Roe v. Wade, or the ongoing cases meant to curtail voting rights or LGBTQ+ equality. Taking on right-wing clients with baseless claims of victimization could be an easy way to get money, which could then be used to fund cases attacking reproductive rights or religious freedom.
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That Cornyn and Tillis are taking this stand is surprising. The pair have a long history of supporting the right-wing legal organizations that could find themselves flush with slush money. As Tillis’s comments about the midterm campaigns show, it may not be anything deeper than a sense that this is politically toxic. Trump’s consideration of withdrawing Blanche’s nomination would be nothing more than a pause until after the midterm elections, when he is banking on new Republican senators to replace Cornyn and Tillis — and put his payola scheme back into action.
It may not even come to that. On Thursday, Senate Majority Leader John Thune, R-S.D., was assuring reporters that Blanche’s nomination would be back as soon as next week, after “a resolution on the issues that Senators Cornyn and Tillis raised.” Thune’s comments suggest that as long as Trump does a slightly better job at deflecting attention from the fund, the two senators can claim victory and give Blanche their support.
Or perhaps this will really be the moment that Republicans, two of them at least, stand up to Trump for real, instead of just doing so as quickly-dispatched political theater. If so, it’s a hopeful sign that Republicans can read a poll and see his corruption is starting to wear thin, especially for a public struggling to make ends meet while the president enriches himself and his cronies.
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