immunity

WASHINGTON — Sen. Bill Cassidy, a Republican from Louisiana, said Friday he will vote to confirm Todd Blanche as attorney general, likely delivering the decisive vote needed to push President Trump’s embattled nominee to oversee the Justice Department.

Cassidy, who had expressed reservations about Blanche’s nomination, had been the last undecided Senate Republican, and his support all but locks in the 50 votes Blanche needs to be confirmed after two other GOP moderates — Sens. Lisa Murkowski of Alaska and Susan Collins of Maine — said they would vote no. All Senate Democrats are expected to oppose the nomination.

Speaking from the Senate floor, Cassidy acknowledged Blanche was an imperfect pick, but that he had come to the conclusion that he would be better positioned to lead the Justice Department than another candidate, in part because he “knows the law.”

“Mr. Blanche is not perfect and he will tell you this,” Cassidy said. “But the choice is not between perfection and Mr. Blanche. It is between Mr. Blanche and another acting attorney general, who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche.”

Cassidy, who lost his reelection bid to a Trump-backed challenger, said he is aware his decision will come with criticism, but said: “What’s new?” He then appeared to become emotional, as he assured his constituents that he worked “hard to understand the issue and make the right decision.”

The Louisiana lawmaker’s decision puts Blanche’s turbulent nomination process back on course. His path to confirmation was complicated over his involvement in a settlement agreement that included the creation of a nearly $1.8-billion so-called anti-weaponization fund that would have been used to pay Trump allies, including Jan. 6 rioters.

In an order issued Sunday night, Blanche declared the settlement dead. It was seen as an effort to appease GOP senators who threatened to block his confirmation. Despite the promise to terminate the settlement, Murkowski said she was worried the Trump administration could proceed with the proposed compensation fund, noting that the Senate only had leverage over the fund because Blanche’s nomination is pending.

“Once we vote, that will end, and there is no telling what the future holds,” she said.

The Justice Department also clarified in writing that a tax audit immunity agreement, which was part of the settlement agreement Blanche negotiated, would apply only to claims open at the time of the settlement and does not protect Trump from examination of future tax filings.

It also makes clear that only the parties that brought the lawsuit — Trump, two of his sons and the Trump Organization — are covered by the tax agreement. The fund and the immunity were the result of the settlement reached after Trump, two of his sons and their businesses sued the Internal Revenue Service over the leak of tax documents.

Lawmakers and legal experts have questioned the lawfulness of the tax protections for Trump. A federal judge who oversaw the IRS case has described Trump’s lawsuit as an improper exercise in self-dealing, and on Thursday the union representing IRS workers asked another judge to block the immunity agreement.

Trump has continued to support the idea of the fund and told reporters this week that he would still like to compensate Jan. 6 rioters, who he said have been “hurt so badly.”

Asked about Trump’s continued support for the fund on Tuesday, the day the Senate Judiciary Committee advanced Blanche’s nomination, Sen. John Cornyn (R-Texas) said “there’s nothing we could do” to change Trump’s mind on it.

“Well, there’s nothing we could do to rein in the president when he said he likes the fund and he wishes it still exists. But the fact of the matter is it’s dead, and that’s all we could do under these circumstances,” Cornyn said.

When Cassidy announced his decision, Blanche was in Colombia, leading a U.S. presidential delegation to the inauguration of the country’s new president, Abelardo de la Espriella. As of Friday afternoon, he had not commented on the developments in Capitol Hill.

Karoline Leavitt, the White House press secretary, posted on social media a news article with only its headline: “Todd Blanche wins votes for Senate confirmation.”

This article includes reporting from the Associated Press.

WASHINGTON — President Trump’s lawsuit against the Internal Revenue Service over his leaked tax returns was filed for an “improper purpose,” a judge said Monday in a scathing decision that referred one of his lawyers for discipline and characterized the $10-billion complaint as an exercise in self-dealing.

U.S. District Judge Kathleen Williams accused Trump of having manipulated the court system when he sued a federal agency under his control, bypassing a requirement that parties in a lawsuit must have adverse interests and laying the groundwork for a settlement last spring that granted him immunity from tax audits and created a fund to compensate allies of the president who say they were unjustly persecuted.

Though the practical impacts of the ruling may be limited given the administration’s public pronouncements that the so-called $1.776 billion Anti-Weaponization Fund has been abandoned, the judge’s ruling nonetheless amounts to a scathing rebuke of the Trump administration and resurfaces a politically damaging storyline for acting Atty. Gen. Todd Blanche just as he prepares to face the Senate Judiciary Committee for his confirmation hearing Wednesday.

“The nature of the suit itself and the conduct of the Parties and counsel from its filing make plain that this was an attempt to use the Court to provide some legitimacy to an agreement to confer immunity to people and entities affiliated with the President and to earmark billions of dollars from American taxpayers to redress grievances not defined in the law,” Williams wrote in her ruling.

She added: “The President may be the functional ‘dominus litus’ of the Executive Branch, but as a party to a civil suit, he, as well as all the parties and lawyers before a court, are bound by the rules. Ensuring that our courts are used only for the express purpose created by the Constitution is the obligation of every judge and an obligation that this Court must discharge in light of the matter before it. ”

The judge pointed to Blanche’s congressional testimony in early June in which he revealed that the “anti-weaponization” fund was no longer moving forward amid intense bipartisan backlash. Though nothing had been filed in court, Blanche appeared confident in his testimony that he “could speak for, and bind, both sides of this matter,” the judge wrote.

“Acting Attorney General Blanche’s apparent capacity to speak for both Plaintiffs and Defendants, sign a ‘settlement’ document on behalf of all Parties to this action, and then repudiate part of that agreement, demonstrates that there was only one party whose interests were being represented throughout this case,” the judge wrote.

Tucker and Richer write for the Associated Press. AP writers Fatima Hussein and Michelle L. Price contributed to this report.