Even conservative legal experts call Senate deal with Blanche 'inexcusable'

Acting U.S. Attorney General Todd Blanche attends a rally at the Great American State Fair, marking the 250th anniversary of U.S. on the National Mall in Washington, D.C., U.S., June 24, 2026. REUTERS/Jonathan Ernst/

Sens. Thom Tillis (R-N.C.) and John Cornyn (R-Texas) on Monday issued a joint statement saying that they both believe that an agreement with President Donald Trump's attorney general nominee, Todd Blanche, is trustworthy. At the same time, legal analysts and experts are flooding social media calling the lawmakers out for buying into something that isn't even legally binding.

"From the outset, Senator [Cornyn] and I were clear that we needed a written document addressing our concerns on the IRS audit agreement and the anti-weaponization fund that included constraining the scope of audit protection by limiting it to the parties of the Settlement Agreement and legally ending the anti-weaponization fund," Tillis wrote on X.

"We are pleased that the Department of Justice has issued a formal order terminating the anti-weaponization fund. Additionally, the Department has acknowledged in a binding written order that the audit settlement is limited to the plaintiffs and the scope does not extend beyond the defendants in the lawsuit, the IRS and the Treasury, addressing concerns that multiple of our Republican colleagues share," the statement continued.

Legal affairs reporter Josh Gerstein at Politico wrote on X that it is "Not at all clear that the narrowing of the IRS claims waiver in the Trump settlement is 'binding.' That's simply Blanche's interpretation at this point. Nothing to stop other Trump family members, affiliates, trusts, etc., from claiming they can rely on the original wording."

Legal experts and scholars were quick to agree, calling Blanche's pledge to Tillis and Cornyn a "sham" and highlighting that it is far from legally binding. The agreement also doesn't have any consequences if Blanche were to break it.

Former federal prosecutor and University of Michigan Law School Professor Barbara McQuade said, "Blanche’s appeasement is hollow. Trump still gets immunity from tax audits worth $100 million. And last week’s payout to abortion clinic blocker shows the path to payouts to rewrite history will be individual settlements instead of one designated fund."

Ben Meiselas commented that the contract between the Justice Department, IRS and Trump makes it clear that all three parties must agree to edit the agreement. "This is an unenforceable sham document," he added.

Lawyer and Lincoln Project co-founder George Conway tagged both senators and agreed, "This cannot be emphasized enough."

Criminal Law Professor at the University of North Carolina, Carissa Byrne Hessick agreed, writing on X, "Others might have a different impression, but I see nothing in Blanche's letter that would prevent him from reviving the fund the moment that he is confirmed. Sen. Cornyn is a former state AG and judge on the TX Supreme Court ... so I imagine he is aware of this as well."

National security expert Marcy Wheeler similarly commented, "The order is not remotely binding. And you're still [clapping] that Trump will get excused from his $200 million known tax dodge, the money laundering Capital Bank just disclosed and the bribes he accepted between November 2024 and end of 2025. Why do you love crime so much, Tillis?"

She then added, "Let's be honest. Tillis ' concerns were the POLITICS of the corruption, not the corruption itself. This gives the GOP top cover through the election ... and then Blanche will forgive more Trump crimes afterwards."

Conservative Federalist Society-approved lawyer Gregg Nunziata added his name to opposition to Blanche, saying, "Mr. Blanche demonstrated his unfitness to serve as Attorney General before the slush fund and the tax immunity deal; any purported limitations on the latter cannot possibly cure his manifest defects. To perform its constitutional duty as a check, the Senate should vote no."

Conservative columnist Quin Hillyer similarly agreed: "Blanche rescinds Trump's 'Anti-Weaponization Fund' amid AG confirmation pressure 1.) Blanche still isn't close to being fit for AG 2.) Federal Vacancies Reform Act badly needs reform and stricter limits 3.) Blanche's lawfare vs. Trump's enemies = inexcusable."

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