President Trump has found a legal pathway for his nominee Todd Blanche to serve as Acting Attorney General while the Senate remains stalled on confirming him.
Blanche, who is already the Senate-confirmed Deputy Attorney General, holds the position of first in line under federal law when the Attorney General’s office is vacant. The U.S. Code specifies that Section 508 authorizes the Deputy Attorney General to exercise all duties of the Attorney General until a successor is confirmed.
This legal provision has been upheld by courts as an independent source of authority, allowing Blanche to act without the typical acting-service clock that governs temporary appointments under the Federal Vacancies Reform Act. The Congressional Research Service notes that courts have recognized Section 508 as valid for this purpose.
President Trump nominated Blanche for the permanent role on June 8, and the White House has emphasized his broad support from law enforcement groups, state attorneys general, former Justice Department officials, and members of Congress. Over 382,000 members of the Fraternal Order of Police have backed him, as have the International Association of Chiefs of Police and the Major Cities Chiefs Association.
Despite this support, Senators John Cornyn of Texas and Thom Tillis of North Carolina have stalled Blanche’s nomination in the Senate Judiciary Committee. Cornyn has raised concerns about provisions in President Trump’s tax-lawsuit settlement, not Blanche’s qualifications.
The administration has suggested temporarily withdrawing Blanche’s nomination to allow him to serve as Acting Attorney General while the senators remain in office and then re-submitting it after they leave January 2025. However, Cornyn and Tillis have demanded written assurances that disputed portions of the settlement will not proceed.
President Trump maintains that the fund for compensating victims of government weaponization remains a priority. While the senators can delay a committee vote or refuse to support the nomination, they cannot remove Blanche from his confirmed position as Deputy Attorney General under Section 508.
Blanche, who began his career as a contractor and paralegal before becoming a federal prosecutor in the Southern District of New York, has represented President Trump in criminal cases filed in 2023 and 2024. He is currently implementing priorities on illegal immigration, transnational drug organizations, violent crime, and taxpayer fraud.
The administration argues that confirming Blanche would end the standoff cleanly, but if Cornyn and Tillis refuse, President Trump does not have to surrender his chosen Justice Department leader.