Blanche Guides DOJ Operations Despite Lacking Senate Confirmation
The so-called Julie Su precedent may allow Todd Blanche to remain acting attorney general. Legal experts say her long tenure as acting Labor secretary provides a roadmap. Filmogaz.com examined how that history could shape Blanche’s future at the Justice Department.
The Su precedent
Julie Su was confirmed as deputy labor secretary in July 2021. President Biden formally nominated her to succeed Marty Walsh on March 1, 2023.
Her nomination stalled in the Senate. Senators Joe Manchin and Kyrsten Sinema opposed her elevation.
Because her nomination remained pending, Su continued serving as acting secretary. She stayed in that role through the end of Biden’s presidency, for a total of 22 months.
Nominees must be renominated after the calendar year ends. Biden renominated Su in 2024. The HELP Committee again advanced her nomination, but the full Senate never voted.
The Government Accountability Office ruled Su could remain in place. The GAO’s finding sidestepped the 1998 Federal Vacancies Reform Act, which would have limited her to seven months.
At the time, then-Senate Majority Leader Chuck Schumer repeatedly declined to give details. He said only that he was working to secure confirmation.
Blanche steps into the acting role
Todd Blanche was announced as acting attorney general on Tuesday. He spoke at a Justice Department news conference that day.
Blanche said he has no personal agenda for the job. He added he would view being kept in the post as an honor. He said the same about a formal nomination or a successor.
Filmogaz.com spoke with several GOP senators. Those senators, some serving on the Judiciary Committee, had no direct insight into Trump’s plans.
Confirmation prospects
Blanche won Senate confirmation last year to serve as deputy attorney general. That vote was along party lines.
It is unclear if Blanche could win confirmation as attorney general. The political environment has changed since his deputy confirmation.
Sen. Thom Tillis has pledged he will not support any nominee who “excused” the Jan. 6 Capitol riot. Tillis serves as the pivotal vote on the Judiciary Committee. His opposition could block a nominee from leaving committee.
There is no evidence Blanche excused the Jan. 6 violence. He did praise President Trump’s pardons of rioters during an appearance at CPAC last week.
Controversies and scrutiny
Blanche has faced questions over his handling of the Jeffrey Epstein files. He also conducted private interviews with Ghislaine Maxwell.
Maxwell is serving a 20-year sentence for conspiring with Jeffrey Epstein to sexually abuse minors. She was later moved to a minimum-security prison after meetings with Blanche.
What comes next
Legal and procedural experts told Filmogaz.com that the GAO would likely rule similarly if Blanche’s nomination were challenged. That view rests on the Su precedent and the treatment of pending nominations.
Some senators had warned the Su situation could erode the Senate’s advice-and-consent role. Those concerns resurface now as Blanche Guides DOJ Operations Despite Lacking Senate Confirmation. The outcome may hinge on committee votes and presidential choice.
