Blanche Declines to Pledge Justice Department Independence From the White House
The Facts
- Attorney General Todd Blanche declined on NBC's "Meet the Press" to pledge that the Justice Department will always act independently of the White House.
- Blanche said "no attorney general should ever pledge that" independence.
- Blanche said he would take Trump's views into consideration when making prosecution decisions.
- Blanche said Trump has never asked him to prosecute specific people and never will.
- Blanche was Trump's personal defense lawyer before joining the Justice Department.
- The Senate confirmed Blanche as attorney general last weekend after a contested nomination fight.
- Critics of Blanche's nomination questioned whether Trump's former lawyer could run the department independently of the president.
- Blanche said the Justice Department may ask the Supreme Court to intervene in its state voter-roll litigation, after losing 22 cases.
- Blanche said he supports U.S. Attorney Jeanine Pirro, whom Trump criticized over a Lincoln Memorial Reflecting Pool vandalism case.
- Blanche also appeared on "Fox News Sunday," where he disputed the idea that Trump directs him to prosecute individuals.
Context
What is the norm Blanche was being asked about?
Post-Watergate norms have largely shielded the Justice Department's case-by-case work from White House interference Washington Post. Blanche has repeatedly defended the president's right to weigh in on the department, telling reporters in April that Trump had a role in its direction Washington Post, and he framed a pledge of independence as one that would prevent him from carrying out lawful presidential priorities such as a directive to target violent criminals Fox News,Hill.
What are the voter-roll cases he mentioned?
The Justice Department has sought broad access to state voter rolls ahead of November's midterm elections and has lost more than 20 cases in lower courts MS NOW,NBC News. Blanche said an appeal to the Supreme Court is "absolutely" a possibility, citing election integrity MS NOW,NBC News. Trump and his administration have repeatedly claimed without providing proof that voter fraud is widespread MS NOW.
Why was the Washington prosecutor a point of tension?
Trump criticized U.S. Attorney Jeanine Pirro over her handling of a case involving alleged vandalism at the Lincoln Memorial Reflecting Pool, which had been renovated at a cost of about $14.7 million before an algae bloom developed Reuters. Federal authorities charged former U.S. Olympian David Hearn and others, and the case was later dismissed Reuters,Bloomberg Business. Blanche said he and Trump both support Pirro Reuters,Bloomberg Business.
Where Left and Right agree, and where they split
- Where Left and Right agree
- Both reads treat decisions about prosecuting specific people as the line that must stay clear of presidential direction, and both take Blanche's answer as the test of it.
- Where Left and Right split
- Whether the story is about a president's former lawyer refusing to promise he'll refuse an order, or about an elected executive's policy authority being honestly acknowledged.
How left and right read it
The power to prosecute is the sharpest thing the state can point at a person, so the burden has always been on the attorney general to show that power is not being aimed by the White House — not on critics to prove it is. Yet Trump's former personal lawyer would not pledge independence, and says he will weigh the president's views in charging decisions. That was the exact worry the confirmation fight raised. If the department now runs as an extension of the presidency, who is left to say no?
“Donald Trump's new attorney general made it clear Sunday: He will operate the Department of Justice in conjunction with the White House, affirming that America's top law enforcement agency will function as an arm of the presidency.” — The Independent
Law enforcement policy belongs to the elected executive. A department claiming permanent independence from the president is claiming independence from the voters who chose him, so declining a blanket pledge is the honest answer rather than the alarming one: weighing a president's views on policy is not taking orders in particular cases, and Blanche says Trump has never asked him to prosecute specific people. Case-level insulation is what actually matters.
“They permit coordination between the White House and DOJ on policy matters unrelated to pending cases, while limiting contacts about cases to senior officials to protect enforcement decisions from partisan or improper influence.” — Fox News
The receipts — all 79 sources
Wire services (3)
Independent coverage (50)
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