Commentary: Blanche's experience makes him more dangerous than Bondi
Published in Op Eds
Pam Bondi’s current replacement as attorney general, Todd Blanche, may be even worse than she was for the Department of Justice.
When President Donald Trump dismissed Bondi after 14 months on the job, defenders of DOJ independence — including me — celebrated. Under her watch, the department routinely ignored the separation of powers, withheld evidence that may have painted the president in unflattering light and even undertook prosecutions at his behest. But don’t expect Blanche, who will serve as acting AG until a permanent successor is confirmed, to change that.
In fact, he’s more dangerous than his predecessor because he may be more effective at wielding the law as a weapon.
Bondi was fired after botching the rollout of the so-called Jeffrey Epstein files and failing to successfully indict Trump’s enemies — but it wasn’t for lack of trying. Perhaps no moment better demonstrated her willingness to debase herself to please her boss than a congressional hearing about the Epstein investigation in February: She responded to questions about the survivors by touting the value of the stock market.
Blanche has already said he does not expect any other individuals to be charged in the Epstein case. It was Blanche, after all, who met in prison with Epstein’s codefendant Ghislaine Maxwell. Following the meeting, she was moved to a more desirable facility.
At the moment, Blanche seems unlikely to be any better than Bondi as steward of an independent DOJ. Before becoming deputy attorney general, Blanche represented the president in criminal cases against him, including falsifying business records regarding hush money payments to adult film star Stormy Daniels and conspiracy charges related to the Jan. 6 attack on the Capitol. That relationship creates at least an appearance of personal loyalty, something the president has long demanded.
In addition, Blanche shares the president’s aggressive posture toward the courts: He publicly stated that DOJ was at “war” with the judiciary.
So when it comes to prosecuting Trump’s enemies, I expect Blanche to be on the same page as Bondi, though possibly more successful. Bondi’s efforts to indict FBI Director James Comey, who had investigated ties between the Trump campaign and Russia, ended in a dismissal. She also whiffed twice on charging New York Attorney General Letitia James, who has led multiple lawsuits against the Trump administration.
Reports indicate that criminal investigations are pending against other targets of Trump’s wrath: Fed Chair Jerome Powell, whom Trump has criticized over failing to lower interest rates; Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, who encouraged residents to protest aggressive immigration enforcement tactics; and members of the intelligence community, who initiated the investigation into connections between Russia and Trump’s 2016 political campaign.
Unlike Bondi, who previously served as attorney general at the state level in Florida, Blanche has prior federal experience at the DOJ. He worked for eight years as a prosecutor in the Southern District of New York, considered by some to be the nation’s preeminent U.S. attorney’s office. That background gives Blanche insights into how DOJ operates.
Of course, the criminal justice system has checks that should prevent innocent people from being convicted of crimes, but that doesn’t mean a prosecutor willing to eschew ethics and norms can’t make someone’s life miserable.
For example, DOJ policy requires a factual basis to believe a crime may have been committed before an investigation may begin. But no law prevents Blanche from ordering agents to go on fishing expeditions against Trump’s political rivals.
And when seeking an indictment, DOJ policy requires prosecutors to share with grand jurors evidence that might negate a defendant’s guilt, even though no law mandates they do so. Again, Blanche could direct prosecutors to dispense with this practice, making it easier to obtain an indictment.
Blanche could also change DOJ policy that prohibits prosecutors from even confirming the existence of an investigation and requires them to speak only through their indictments. As Trump’s pardon attorney, Ed Martin, previously said, “We will name them, and in a culture that respects shame, they should be people that are ashamed.” Those comments represent a remarkable shift in outlook. Although it would be a significant change in operating procedure, Blanche has the power to order federal prosecutors to smear Trump’s rivals without filing criminal charges.
A crucial part of the U.S. criminal justice system is the people who run it acting on good faith. But given his history and comments thus far, Blanche may have a new view of winning that’s tied to Trump’s fortunes. And he may be better at achieving it than his predecessor.
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This column reflects the personal views of the author and does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.
Barbara McQuade is a professor at the University of Michigan Law school, a former U.S. attorney and author of the forthcoming book, "The Fix: Saving America from the Corruption of a Mob-Style Government."
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