Trump’s AG Pick May Not Have the Votes to Get Confirmed (w/ Andrew Weissmann) | Illegal News
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Summary
Takeaways
- ❖Trump's "slush fund" settlement initially included a $1.776 billion anti-weaponization fund and a broad civil release from IRS prosecution for him and his family.
- ❖The anti-weaponization fund component of the settlement has been withdrawn due to congressional pressure, but the civil release remains.
- ❖A judge is examining the "slush fund" settlement for collusion and fraud, but her remedies are limited, potentially to sanctions or bar association referrals.
- ❖Todd Blanch, Trump's AG pick, is expected to face intense scrutiny during his confirmation hearing over his role in the "slush fund," the Ghislaine Maxwell case, and attempts to indict members of Congress and Jerome Powell.
- ❖Blanch has argued that bar associations should not oversee DOJ attorneys for ethics violations, indicating a mindset that seeks to avoid accountability.
- ❖John Bolton's guilty plea for mishandling classified information is viewed as a righteous prosecution, distinct from other politically motivated cases, despite concerns about lenient sentencing for senior officials.
- ❖The Southern Poverty Law Center (SPLC) superseding indictment is considered "garbage" due to its flawed legal theory and the DOJ's apparent incompetence in misinterpreting Supreme Court precedent.
- ❖Vulnerable Republican senators and those targeted by Trump's retribution could form a bloc to block Blanch's confirmation.
Insights
1The "Slush Fund" Settlement: A Two-Part Corrupt Deal
The settlement for Trump's $10 billion lawsuit against the government involved two main components: a $1.776 billion "anti-weaponization fund" for alleged victims (often convicted criminals) and a broad civil release protecting Trump, his family, and companies from future IRS prosecution. While the fund was withdrawn due to congressional pressure, the civil release remains active.
settlement... there were two parts to it. 1.7676 billion which was going to create this anti-weaponization fund... That's the thing that Congress was... upset about. That's the thing that Todd Blanch said, 'No, no, no. We're not going forward with it ever.'... But thing two was this broad civil release... that's staying.
2Judicial Limitations and Political Strategy in the "Slush Fund" Case
The judge overseeing the "slush fund" case can still rule on its collusive nature and potential fraud, but her practical remedies are limited. Dismissing the case aligns with the DOJ's current desire to withdraw the fund, and direct criminal charges are unlikely. Her primary power lies in potential sanctions or referrals to the bar association, which could be damaging for Todd Blanch during his confirmation hearing. The DOJ is expected to stonewall and appeal to delay any findings until after Blanch's confirmation.
the judge in the case still will have jurisdiction and still can say this is bogus because that civil release is not the product of negotiation... She can sort of still go forward... The real power she has is whether she can sanction somebody for bad conduct and what that could look like... for Todd Blanch both a referral and any findings that she might make or hearing she might want to have could be the worst thing for him because that's going to it's all going to be coming up in the context of his coming up for a confirmation hearing.
3Todd Blanch's Confirmation Hurdles: A Record of Politically Motivated Actions
Todd Blanch's path to Attorney General is fraught with challenges stemming from his past actions as a DOJ official under Trump. These include opening a criminal investigation into Federal Reserve Chair Jerome Powell, attempting to indict six members of Congress for asserting First Amendment rights (which a grand jury rejected), and the controversial transfer of Ghislaine Maxwell to a "camp" with a puppy, ostensibly for protection, rather than standard high-security lockdown. These actions are seen as politically motivated and demonstrate a willingness to use the DOJ for Trump's bidding.
Under Todd Blanch's watch, two things happened. one, they opened a criminal investigation and issued grand jury subpoenas to the Federal Reserve and and put Jerome Powell under criminal investigation... two, under Todd Blanch's watch, six members of Congress... they sought to indict them in DC... The grand jury said no... he's got to answer that and he's going to be like going his answer which is oh it's okay cuz she was being threatened. That is that is the legal term for that... [expletive].
4The Abuse of Pardon Power and Lack of Accountability
The broad presidential pardon power is identified as a significant structural flaw that enables corruption, allowing a president to effectively promise immunity for crimes committed on their behalf. This creates a system where accountability for politically motivated actions by DOJ officials is severely diminished, as they expect pardons. This issue, requiring a constitutional amendment, contributes to a perception of unchecked executive power.
the pardon power um is it is really a terrible thing when it is abused in this way... The idea that you essentially can be like commit a crime for me and don't worry about consequences cuz I can pardon you... you end up with this situation where there's no accountability for anybody.
5John Bolton's Classified Information Case: A Righteous Prosecution
John Bolton's expected guilty plea for mishandling classified information is presented as a legitimate prosecution, unlike other cases deemed vindictive. Career prosecutors were involved, and the conduct—sharing classified information on unclassified social media, storing it at home, and showing it to family without clearance—is consistent with charges brought against lower-level officials. While senior officials often receive lenient sentences, the prosecution itself is considered merited.
John Bolton's was different... career people put their names on that... he had classified information that he was not only putting on unclassified um uh social media... but then he was storing it in his house and he was showing it to family members who didn't have clearance... low-level people are charged with this all the time when it happens.
6SPLC Indictment: A Case of Malign Incompetence
The superseding indictment against the Southern Poverty Law Center (SPLC) is criticized as a "garbage" case, demonstrating both political malice and legal incompetence from the DOJ. The core charge—that SPLC promoted hate groups—is directly contradicted by the government's own knowledge that SPLC provided information to combat these groups. Furthermore, the indictment misapplies Supreme Court precedent regarding false versus misleading statements, highlighting a fundamental legal error.
Garbage. That's not to say... Criminal law deals with whether the Southern Poverty Law Center as charged wanted hate groups to succeed... the government knows that they were given information by the Southern Poverty Law Center to combat hate groups... they got the law wrong... they ignored a Supreme Court case from just a year ago that said that it is a crime only if the statements that they made were false.
Bottom Line
The public's perception of complex legal issues is highly selective; scandals involving clear moral outrage (like Ghislaine Maxwell's "sweetheart deal") resonate far more than intricate legal processes (like the "weaponization fund").
Political campaigns and advocacy efforts need to simplify complex legal corruption into easily digestible, morally compelling narratives to capture public attention and pressure elected officials.
For opposition groups, focusing on the most egregious and easily understood aspects of a nominee's record, such as the Ghislaine Maxwell situation, can be more effective in swaying public opinion and vulnerable senators than detailed legal arguments.
Trump's "retribution brain" and short-term political thinking can inadvertently create vulnerabilities for his nominees, as senators he has targeted may feel emboldened to vote against his appointments.
The political landscape is fluid, and personal grievances among politicians can override party loyalty, especially when senators are no longer seeking reelection or are in vulnerable races.
Opposition strategists can identify and leverage these personal and political frictions within the opposing party to secure votes against controversial nominees, by highlighting how a nominee's actions could personally or politically harm specific senators.
Lessons
- Advocates for judicial and governmental integrity should push for constitutional amendments to limit the presidential pardon power, especially concerning crimes committed on behalf of the president.
- Congress needs to assert its power of the purse to explicitly define the exclusive legal schemes for compensating victims of government action, preventing the executive branch from creating parallel, corrupt "slush funds."
- During confirmation hearings for high-level appointees, focus questions not only on ethical compliance but also on demonstrated legal competence, particularly regarding understanding and applying established legal precedent.
Quotes
"It's enough complaining and moaning and belly aching. It's like like you know put your big boy pants on and let's do something."
"The reason there's this court case is so that it you all have this illusion of, oh, here's a claim. It went to court. Now there's a settlement. And you sort of have this impremature of the court case. So that you will be using language like, oh, there was a there was a court case. There was a settlement. You sort of use words that sound like it's real. When it's just like, I was stealing. I wanted to steal $10 billion, but now I'm going to just steal $1.776 billion."
"He's been auditioning for this job by making sure Trump understands that he will give him whatever he want. He will prosecute Comey. He will do he will happily sit and do all of Trump's revenge store stuff."
"The idea that you essentially can be like commit a crime for me and don't worry about consequences cuz I can pardon you. I mean, that's sort of the if that's not being said overtly, it's being said, you know, covertly."
"It is a reminder of how sort of Congress and unfortunately the Democrats who are trying to, you know, work in opposition sort of are woefully underreacting to sort of the gravity and the bigness OF WHAT THE WHOLE thing is."
"This is the guy who after he did a softball interview of Galain Maxwell had her move to a camp and is saying and is saying oh I did it because she was being threatened. You know what happens to prisoners who were sentenced to that amount of time in jail if they're being threatened? They're put in lockdown in the highsecurity prison and instead she she get to like get a dog. She like she had a puppy."
"They are both uh malign and incompetent, which sometimes, you know, I'm grateful for how incompetent they are."
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