President Trump has secured a legal pathway to maintain Todd Blanche’s role as acting Attorney General without requiring Senate confirmation, bypassing Republican senators who have stalled his nomination.
Blanche, the Senate-confirmed Deputy Attorney General, serves under federal law that permits him to exercise the Attorney General’s duties when the office is vacant. Section 508 of Title 28 of the U.S. Code explicitly designates the Deputy Attorney General as the first in line for these responsibilities, a provision independent of temporary acting authority rules used for other federal appointments.
The legal basis for Blanche’s interim role was confirmed by the Congressional Research Service, which noted courts have upheld Section 508 as valid authority for the deputy to act as Attorney General even after standard vacancy timelines expire. This allows Blanche to oversee Justice Department operations—spanning over 100,000 employees across federal law enforcement agencies—while the Senate deliberates his permanent nomination.
Sens. John Cornyn of Texas and Thom Tillis of North Carolina have delayed Blanche’s confirmation by demanding written assurances about disputed provisions in President Trump’s tax-lawsuit settlement. While they claim concerns center on the settlement’s implementation, Trump has asserted that Blanche’s current legal authority under Section 508 remains intact regardless of their objections.
The White House maintains Blanche already commands broad support from law enforcement groups, state attorneys general, and Justice Department officials. Yet Cornyn and Tillis retain leverage to delay committee votes or impose additional conditions without removing Blanche from his confirmed position as Deputy Attorney General—a role he has held since June 8.
President Trump formally nominated Blanche for the permanent role on June 8 but continues to defend the principle of compensating Americans harmed by government weaponization, emphasizing that Blanche’s acting authority does not depend on Senate approval. The administration insists Blanche remains the department’s leader while senators resolve their objections.