Trump Ally Blanche May Lead DOJ Without Confirmation

Acting Attorney General Blanche could continue serving even if Senate fails to confirm him.

Apr. 9, 2026 at 9:18am

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A cinematic painting of a dimly lit government office interior with a lone figure sitting at a desk, casting long shadows across the room in muted colors of browns, grays, and deep blues, conceptually representing the political tensions surrounding the acting attorney general position.The potential for a president to bypass Senate confirmation raises concerns about the balance of power in Washington.Washington Today

Todd Blanche, a close ally of former President Donald Trump, may be able to continue serving as acting attorney general for the remainder of Trump's term, even if he isn't confirmed by the Senate. This precedent was set when Julie Su was able to serve as acting labor secretary for nearly two years without Senate confirmation. Legal experts believe the Government Accountability Office would rule that Blanche can stay in the role despite the Federal Vacancies Reform Act.

Why it matters

This situation raises concerns about the Senate's advice-and-consent authority on presidential nominations, as Blanche could lead the Department of Justice without going through the full confirmation process. Blanche's past actions, including his defense of Trump and handling of the Jeffrey Epstein case, have also drawn scrutiny.

The details

Blanche was officially announced as the acting attorney general on Tuesday. He said he doesn't have any 'goals or aspirations' regarding his job status, indicating he is willing to continue serving in an acting capacity if Trump chooses not to nominate him. It's unclear whether Blanche could win Senate confirmation, as some Republican senators have vowed to oppose any nominee who 'excused' the January 6th Capitol riot. Blanche has faced criticism for his defense of Trump and his handling of the Epstein case.

  • Blanche was announced as acting attorney general on Tuesday.
  • Julie Su was able to serve as acting labor secretary for nearly two years without Senate confirmation, setting a precedent.

The players

Todd Blanche

A close ally of former President Donald Trump who has been named acting attorney general.

Julie Su

The former acting labor secretary who was able to serve in that role for nearly two years without Senate confirmation, setting a precedent.

Donald Trump

The former president who may choose to keep Blanche as acting attorney general or nominate him for the position.

Thom Tillis

A Republican senator who has vowed not to vote for any nominee who 'excused' the January 6th Capitol riot, which could sink Blanche's nomination.

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What they’re saying

“I love working for President Trump. It's the greatest honor of a lifetime. And if President Trump chooses to keep me as acting, that's an honor. If he chooses to nominate me, that's an honor. If he chooses to nominate somebody else... that's an honor.”

— Todd Blanche, Acting Attorney General

What’s next

It's unclear whether Blanche will be formally nominated by Trump or if he will continue serving in an acting capacity. The Senate Judiciary Committee will play a key role in determining Blanche's fate, as Sen. Thom Tillis has vowed to oppose any nominee who 'excused' the January 6th riot.

The takeaway

This situation highlights the potential for a president to circumvent the Senate's advice-and-consent authority on key nominations, raising concerns about the balance of power between the executive and legislative branches. Blanche's past actions and the political dynamics involved will make his path to confirmation, if nominated, a challenging one.