Todd Blanche’s Recusal Dilemma: Ethics, Politics, and Ongoing Investigations

In March 2025, newly appointed Deputy Attorney General Todd Blanche received a briefing from the Justice Department’s top ethics lawyer, Joseph Tirrell. The meeting, documented by a PowerPoint on departmental ethics, formally informed Blanche that he must recuse himself from any DOJ matters involving President Donald Trump in his personal capacity. The recusal rule also bars participation in criminal investigations where Blanche has a personal or political relationship with any party, a standard meant to preserve the integrity of prosecutions.

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Before joining the DOJ, Blanche served as the primary defense counsel for Trump in two federal cases—one concerning alleged mishandling of classified documents in Florida after Trump’s first term, and another alleging a conspiracy to overturn the 2020 election results. Both cases were dismissed before final adjudication. Upon assuming his DOJ role, Blanche signed an ethics pledge prohibiting involvement in matters related to former clients of his private firm, the Blanche Law Group.

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An internal memo authored by a senior career lawyer in early 2025 warned that Emil Bove, then-deputy to Blanche, faced a conflict of interest for overseeing the “Weaponization Working Group,” which targeted DOJ actions from the Biden era, including January 6 prosecutions. The memo was copied to the Office of Professional Responsibility and the Inspector General. Shortly thereafter, the department’s ethics staff, including Tirrell, were dismissed, and several career officials in the Office of Professional Responsibility were terminated. Bove later left the DOJ to become an appeals-court judge.

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A Justice Department spokeswoman confirmed that Blanche is recused from “many cases before DOJ” and would step aside from any ongoing matters in which he previously represented a client. The department declined to name specific investigations, describing any potential recusal as “hypothetical” until a conflict is formally identified.

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Benjamin Grimes, a former deputy director of the DOJ’s Professional Responsibility Advisory Office and now a Columbia Law School professor, called the situation “a conflict that is insurmountable.” He warned that if Trump seeks DOJ information to benefit himself, Blanche’s dual loyalty could undermine the department’s independence. Grimes also urged congressional oversight, stating that “Congress needs to take action if either Congress or the public find this to be untenable.”

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Two weeks after Tirrell’s dismissal, Blanche interviewed incarcerated Ghislaine Maxwell, probing her past interactions with Trump. Maxwell asserted that “Trump had done no wrong.” In his first press conference as acting attorney general, Blanche addressed Trump with the remark, “I love you, sir,” underscoring the personal rapport between the two.

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The DOJ has not disclosed which specific investigations Blanche has recused from, leaving ambiguity around high-profile probes such as the inquiry into former CIA director John Brennan. Sources indicate Blanche has delegated oversight of the “conspiracy investigation” to senior aides and has not attended recent meetings, but the exact boundaries of his recusal remain undocumented.

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• “He is recused from many cases before DOJ. In any cases that are still ongoing where he previously represented someone, he is recused,” — Justice Department spokeswoman

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• “To the extent DOJ is investigating something related to the President for which Todd was previously representing him, then hypothetically yes, he would recuse,” — Justice Department spokeswoman

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• “It’s a conflict that is insurmountable,” — Benjamin Grimes, former DOJ ethics adviser, Columbia Law School professor

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• “Congress needs to take action if either Congress or the public find this to be untenable. And it is to me,” — Benjamin Grimes

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• “I love you, sir,” — Todd Blanche, Acting Attorney General, to President Donald Trump

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Legal scholars caution that future criminal charges arising from Trump-related matters could be contested on grounds of improper departmental involvement by Blanche. Congressional committees are expected to hold hearings on DOJ ethics reforms, and the Inspector General may review the department’s recusal procedures to address the identified gaps.

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