Todd Blanche’s Acting Tenure Triggers Senate Scrutiny Over DOJ Actions

Acting Attorney General Todd Blanche has drawn intense Senate attention for two recent DOJ moves. In a filing last month, the department sought to vacate the seditious-conspiracy convictions of members of the Oath Keepers and Proud Boys who participated in the Jan. 6, 2021, Capitol assault, describing the request as being “in the interests of justice.” At the same time, a grand jury in the Eastern District of North Carolina returned a three-page indictment against former FBI director James Comey, alleging he “knowingly and willfully made a threat” toward President Donald Trump after posting a seashell-arranged Instagram photo. Both actions have become focal points for Senate debate over Blanche’s suitability for a permanent appointment.

• Todd Blanche – Acting Attorney General, overseeing the DOJ’s Jan. 6-related motions and the Comey indictment.

• Sen. Thom Tillis (R-NC) – Member of the Senate Judiciary Committee, vocal opponent of any nominee who appears to condone Jan. 6 violence.

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• Sen. Adam Schiff (D-CA) – Judiciary Committee member, critic of the Comey indictment and of Blanche’s broader agenda.

• Jeanine Pirro – U.S. Attorney for the District of Columbia, co-author of the motion to vacate the Jan. 6 convictions.

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• James Comey – Former FBI director, subject of the indictment.

• Jan. 6, 2021 – Capitol attack; subsequent convictions of Oath Keepers and Proud Boys members.

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• Late April 2024 – DOJ files motion to vacate those convictions.

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• Early May 2024 – Grand jury returns Comey indictment in North Carolina.

• May 5 2024 (Sunday) – Sen. Tillis and Sen. Schiff appear on national news programs to state their positions on Blanche’s potential confirmation.

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Sen. Tillis told CNN’s Jake Tapper that his opposition to Blanche is “not a situational position” and that he will not support the nominee’s confirmation, likening his stance to earlier refusals to back U.S. attorney Ed Martin and Joe Kent. Sen. Schiff, speaking to NBC’s Kristen Welker, argued that the Comey indictment is a “weak case” driven by political motives, noting that it stems from a disputed Instagram post. Blanche, when questioned, affirmed his willingness to follow the president’s directives, stating, “Trump can ask me to do whatever he chooses and I’ll be happy to do my job.”

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Both senators framed Blanche’s actions as undermining accountability. Tillis emphasized that “these thugs that injured police officers… will not get my vote,” while Schiff warned that the Comey case could set a precedent for “seashells” lawsuits, suggesting it will likely be dismissed before trial.

• “It’s very personal to me,” — Thom Tillis, Senator (NC)

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• “These thugs that injured police officers and anybody who condoned their behavior will not get my vote,” — Thom Tillis, Senator (NC)

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• “never saw such a weak case” — Adam Schiff, Senator (CA)

• “In the future, in the Department of Justice, if anyone ever suggests bringing a case this weak, there’ll be a new name for it. They’ll be called ‘seashells’ cases,” — Adam Schiff, Senator (CA)

• “can ask me to do whatever he chooses and I’ll be happy to do my job.” — Todd Blanche, Acting Attorney General

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The controversy highlights a broader struggle over the DOJ’s independence and the politicization of legal actions tied to the Jan. 6 attack and former administration officials. Senate confirmation votes could set precedents for how future acting officials are evaluated.

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The DOJ’s motion cites “interests of justice,” yet Tillis and Schiff argue the same actions serve partisan ends. No independent assessment of the legal merits of either the vacated convictions or the Comey indictment is provided in the sources.

The Senate Judiciary Committee is expected to schedule a hearing on Blanche’s nomination. Both Tillis and Schiff have signaled they will oppose confirmation, suggesting a potentially contentious vote that could influence the administration’s ability to shape DOJ policy moving forward.

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