Sens. Thom Tillis and John Cornyn — both Republicans spurned by the Trump administration for not being adequately loyal — are now being actively courted by the White House to confirm a key Cabinet official.
The Trump administration is engaging directly with Tillis and Cornyn’s aides as the North Carolina and Texas lawmakers continue to withhold firm commitments to voting to confirm attorney general nominee Todd Blanche in the Judiciary Committee — where a single “no” vote on the GOP side of the aisle could tank his prospects.
Tillis and Cornyn both confirmed the back-and-forth in interviews on Capitol Hill Monday evening, and a White House official, granted anonymity to speak candidly, also said in a statement that “the Administration continues to have active conversations with members of the Senate Judiciary Committee.”
It shows how the balance of power, at least in this high-stakes confirmation battle, has shifted for the two outgoing lawmakers — and how Cornyn and Tillis both know it.
“Well, does he want to get confirmed or not?” was Cornyn’s response when asked whether he would be able to extract concessions from Blanche given his previous reticence to amend a controversial settlement agreement he entered into on President Donald Trump’s behalf.
The senator is still coming off a bruising primary loss to Texas attorney general Ken Paxton, whom Trump propelled to victory with an endorsement during the run-off.
Cornyn said Monday he is currently discussing with the Trump administration two main components of that settlement Blanche, in his capacity as deputy attorney general, brokered with the IRS: one shielding Trump and his family from IRS audits, the other launching a $1.8 billion “anti-weaponization fund” critics believe could operate as a slush fund for the president’s allies.
“Those are the issues we’re continuing to discuss with the administration to see whether we can get a modification of the settlement agreement,” said Cornyn.
Blanche has said repeatedly the fund is now effectively dead amid bipartisan backlash at the time of its announcement. But Cornyn pushed Blanche to admit during his confirmation hearing last week that the program could still be revived through a breach of contract lawsuit brought in the future by Trump, absent a written change to the underlying settlement.
Tillis, who also said he needs the fund nullified in order to vote for Blanche, said Monday he’s been encouraged that the Justice Department has coordinated with his staff to ameliorate concerns.
“I know my staff have been in touch, almost, probably daily,” with the DOJ, said Tillis, “so they are acting. I mean, they’re following up in good faith.”
Neither Tillis nor Cornyn were specific about how, exactly, the Trump administration might cut a deal with Republican senators putting the prospects of the fund’s revival to rest — whether it would be something the Justice Department could facilitate internally or if Congress would have to take legislative action.
Cornyn said Monday that changing the settlement through legislation would be “much more problematic.” Tillis, however, has been talking about drafting legislation that could pass the Senate through a unanimous consent agreement; Blanche, during his confirmation hearing last Wednesday, didn’t shoot down the idea.
“I have to be convinced that there is no way that it could actually ever be resurrected again,” Tillis said, “which is exactly why I talked about the legislation … that [Blanche] offered to help write the technical language for.”
Blanche has already acquiesced to another one of Tillis’ demands: that he meet with victims of the late, convicted sex offender Jeffrey Epstein, after Blanche, as deputy attorney general, oversaw the haphazard release of the Epstein files resulting in victims’ identities being inadvertently exposed.
Tillis appeared largely satisfied that this meeting took place according to his wishes — even though at least one of the survivors of Epstein’s abuse called the sit down “insufficient” and alleged Blanche took no responsibility for the botched redaction process.
He did, however, say he would “like to understand what, if any, steps were taken for opening FBI investigations — whether it was a request or whether it was an acceptance to do it,” regarding what Blanche may or may not have committed to in that meeting in terms of continuing to bring Epstein’s co-conspirators to justice.
Ultimately, the general consensus is that Tillis will end up voting “yes” for Blanche and may already, privately, be decided: “Tillis, we think, is squared away,” said one person granted anonymity to discuss sensitive matters regarding the nomination process.
Senate Judiciary Chair Chuck Grassley (R-Iowa) also indicated Monday he believed the North Carolina lawmaker was coming around, saying he had heard “favorable comments over the weekend from Tillis.”
He did not answer when asked what he thought of Cornyn, however, who has been less willing to offer praise.
Republicans hope the Judiciary Committee can vote to report Blanche’s nomination favorably to the Senate floor July 30, and subsequently confirm him the first week of August before the chamber leaves for a monthlong recess.
Senate Majority Leader John Thune said Monday he “think[s]” Grassley and his team are prepared to get Blanche out of committee “in time to process him in this work period.”
“At this point, I’m not certain,” Thune said. “I think they’re hopeful.”
