By admin 
Does anyone really believe that Todd Blanche, if confirmed as attorney general, would say no to President Donald Trump?
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The Justice Manual of the U.S. Department of Justice says that the attorney general must ensure that the legal judgments of the Justice Department are “impartial and insulated from political influence” so that the department’s “investigatory and prosecutorial powers (are) exercised free from partisan consideration.”
Blanche is the wrong person to do this. He served as Trump’s lead lawyer in the New York trial where Trump was convicted of 34 felony counts of falsifying business records in connection with the payment of hush money to Stormy Daniels. Over the last year and a half, as deputy attorney general and as acting attorney general, he has repeatedly demonstrated that his primary loyalty is not to the U.S. Constitution or the rule of law, but to Trump.
That is why the Senate Judiciary Committee should reject Blanche’s nomination. And, if it goes forward, the Senate should deny his confirmation.
Trump’s tool
Blanche was instrumental in orchestrating the settlement of Trump’s lawsuit against the Internal Revenue Service, which would have created an almost $1.8 billion slush fund to pay Trump’s allies and which also provides Trump and his family immunity for past tax liabilities. On Monday, July 13, Florida Federal Judge Kathleen M. Williams issued a scathing rebuke to the lawyers responsible for this. As she noted, no other president in history has ever engaged in such an abuse of power.
Trump filed a lawsuit for a huge amount of money — $10 billion — and then directed federal officials, including Blanche, to settle it to his great benefit. Williams said it was egregious misconduct for the lawyers — who are officers of the court — to be part of this.
Blanche has used his powers as acting attorney general to implement Trump’s desire to use the Justice Department’s prosecutorial powers for retribution. For example, former FBI Director James Comey has twice been indicted, once on charges that a federal judge dismissed and then on the absurd charge of threatening the president’s life by posting a photo of a stranger’s shell collection that depicted the numbers “86 47,” shorthand for kicking Trump out of office.
Another example of such prosecutorial misconduct is the repeated effort to indict New York Attorney General Letitia James in retribution to her having brought successful lawsuits against Trump. The first indictment of James was dismissed by a federal judge. Subsequently, two grand juries have refused the Justice Department effort to have her indicted.
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Other individuals, such as former FBI director John Brennan and former White House aide Cassidy Hutchinson, have faced criminal investigations motivated solely by a desire for retribution. The attorney general must stop — not engage —in such misuse of power.
Unconstitutional behavior
In his roles at the Department of Justice, Blanche attacked the federal judiciary when it acted to uphold the Constitution and defied court orders. Under the direction of Blanche and then-Attorney General Pam Bondi, the Trump administration attempted to use the Alien Enemy Act of 1798 to take individuals to a maximum security prison in El Salvador. This law allows summary deportation of enemies when the United States is in a declared war or faces imminent military invasion. Until the Trump presidency, it had been used only three times, during the War of 1812, World War I and World War II.
When a federal judge ordered that planes carrying individuals to El Salvador return to the United States, the Trump administration ignored this command. Blanche then described the administration as being at “war” with the federal judiciary.
Blanche has defied the federal statute requiring disclosure of files concerning the investigation of Jeffrey Epstein. A federal judge recently ruled that the Department of Justice violated the Epstein Files Transparency Act, concluding that the government had conceded it was not complying with the law.
The list goes on and on of actions by Blanche that show that his loyalty is to Trump’s personal agenda, not to upholding the Constitution and the rule of law.
Never before in American history has there been a president who has shown such disregard for the Constitution and laws of the United States. It is imperative that there be an attorney general who will try to stop this, not facilitate it. Todd Blanche is clearly not that person, and his nomination should be rejected.
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Erwin Chemerinsky is dean and professor of law at the UC Berkeley School of Law.