Topline
Sens. John Cornyn, R-Texas, and Thom Tillis, R-N.C., said Monday they’ll back Todd Blanche’s confirmation as attorney general after he issued an order rescinding the Justice Department’s controversial “anti-weaponization fund,” but critics fear the government could still revive the fund in the future.
Key Facts
Blanche released two orders Sunday night addressing the DOJ’s settlement agreement with President Donald Trump, after Cornyn and Tillis said they wouldn’t support his confirmation without written modifications to the deal.
The senators requested an order that formally rescinded the $1.8 billion “anti-weaponization” fund—meant to benefit Trump’s political allies like Jan. 6 rioters who felt the judicial system had wronged them—and narrowed the scope of an immunity deal that appeared to broadly shield Trump and his associates from prosecution or litigation over acts they’ve already taken.
Blanche’s order on the fund specifies his initial order establishing the fund “shall have no force or effect” and states, “This Order establishes, beyond any doubt, that there is no fund.”
Critics immediately took issue with the order and suggested it may not be legally binding, as the initial settlement agreement between the IRS and Trump that created the fund notes it can only be modified “with the written agreement of the parties,” but Blanche is the only party that signed Sunday’s order and the DOJ gave no indication the other parties agreed to it.
That suggests the acting AG could change his mind in the future and bring back the fund, or Trump could sue to enforce it, arguing the fund is still active because it was not nullified according to the terms of the agreement.
Despite those issues, Cornyn and Tillis said Monday the order is enough for them to support Blanche’s confirmation, saying in a joint statement, “We are pleased the Department of Justice has issued a formal order terminating the anti-weaponization fund” and they “look forward to voting to advance [Blanche’s] nomination out of the Senate Judiciary Committee soon.”
Crucial Quote
Initial reaction to Blanche’s order suggested even allies of the Trump administration believe the acting AG’s language rescinding the fund could be legally toothless. “Can be undone after Tuesday,” Mike Howell, president of the right-wing Oversight Project, said on X, referring to the Senate Judiciary Committee’s upcoming Tuesday vote on Blanche’s confirmation. “The Anti-Weaponization Fund is great.”
Chief Critic
Legal experts have been broadly skeptical of Blanche’s order since it was released, with Carissa Byrne Hessick, criminal law professor at the University of North Carolina, writing Monday, “I see nothing in Blanche’s letter that would prevent him from reviving the fund the moment that he is confirmed.” Former U.S. Attorney Barb McQuade similarly called the order “hollow,” noting that even if the fund isn’t revived, the Trump administration can still make payouts to allies like Jan. 6 rioters through individual settlements.
What About The Immunity Deal?
Cornyn and Tillis also got the assurances they were seeking Sunday on Trump’s IRS immunity agreement with the government, which was another highly controversial component of the settlement. An accompanying release from the DOJ on Sunday, which is unsigned, says the immunity agreement only applies retroactively—meaning it cannot shield Trump from future legal action—and applies only to the named parties in Trump’s lawsuit against the IRS, which would be Trump, his eldest sons and the Trump Organization, and the IRS and Treasury Department on the government’s side. That still gives Trump and his family cover from tax audits and other government investigations of their finances, but means other Trump-affiliated businesses wouldn’t be able to claim immunity under the agreement.