Outgoing Senator John Cornyn (R-TX) said Tuesday he is withholding judgment on acting Attorney General Todd Blanche’s nomination to lead the Justice Department, following a contentious confirmation hearing where he pressed Blanche on the Trump administration’s now-defunct “anti-weaponization” fund.
“I continue to have some concerns, but I’m not going to make any decisions at this point,” Cornyn told reporters outside the Senate Judiciary Committee hearing room. “I’m going to wait until we actually vote on a confirmation.”
During the hearing, Cornyn zeroed in on Blanche’s role in approving a May agreement that permanently bars the IRS from auditing President Trump’s past tax returns. That deal stemmed from the DOJ’s decision to drop a $10 billion lawsuit against the IRS for leaking Trump’s tax information, instead using the funds to create a $1.776 billion “anti-weaponization fund” to compensate alleged government victims. The fund was later scrapped after bipartisan backlash.
“There’s so much that’s unusual about this,” Cornyn told Blanche, referencing the audit block.
On Monday, a federal judge ruled the settlement amounted to collusion, a decision Cornyn flagged as problematic. He predicted lawmakers would press Blanche further on the issue.
When Cornyn asked whether Trump could sue to revive the fund, Blanche said plaintiffs lack control over it but acknowledged litigation is possible. “I suppose they could bring a lawsuit, and then we would litigate it,” Blanche said. “But even if we were litigating it, there’s no fund. So the results of such litigation, whatever it would be, wouldn’t be a revival of the fund.”
Cornyn pushed back, arguing the fund remains legally alive. “The argument was that the anti-weaponization fund is dead, and what he confirmed was that it’s not,” he said. “The settlement agreement can’t be changed without written consent of the parties. There is no such written consent of the parties, and he admitted that it could be enforced as a matter of contract.”
The Texas Republican, a senior Judiciary Committee member, has frequently split with the Trump administration since losing his primary to a Trump-backed candidate in May. His vote is pivotal in the committee, where a single GOP “no” could stall Blanche’s nomination.
Ranking Democrat Dick Durbin (IL) also pressed Blanche on the IRS audit block, asking whether it puts Trump’s family and businesses above tax laws. Blanche countered that the practice applies broadly: “We do it with all kinds of people. It’s not just President Trump. It doesn’t make any of these individuals above the law.”
Earlier this month, top Senate Democrats sent letters to companies tied to the Trump family, questioning whether the settlement shields them from IRS scrutiny. The lawmakers warned the agreement could serve as “a broad and valuable get-out-of-jail-free card” for financial misconduct.
The hearing comes amid broader scrutiny of Blanche’s tenure, including his handling of the Epstein probe and the defunct fund. For more on that, see Blanche Faces Senate Grilling Over Epstein Probe, Defunct Fund.
Cornyn’s stance adds uncertainty to Blanche’s path, with the committee vote likely weeks away. As the debate unfolds, the anti-weaponization fund remains a flashpoint, as detailed in Durbin: Acting AG Blanche Admitted Anti-Weaponization Fund Was 'a Mistake'.
