Sen. John Cornyn (R-Texas) speaks to reporters outside his Senate Judiciary Committee confirmation hearing at the Dirksen Senate Office Building on July 15, 2026 in Washington, DC.
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Two Republicans on the Senate Judiciary Committee said Thursday they are undecided on a vote to confirm Todd Branch as U.S. attorney general, jeopardizing President Donald Trump’s pick to be the nation’s top law enforcement official.
“It’s still under review,” Sen. John Cornyn (R-Texas) told MS NOW when asked about Blanche’s position on the controversial, now-defunct $1.8 billion Justice Department fund, a day after she and other members of the Judiciary Committee questioned the nominee on the first day of confirmation hearings.
Asked if he was still undecided, Mr. Cornyn replied, “Yes, I am.” “Well, I’ve said it many times.”
Cornyn is one of 11 Republicans on the Judiciary Committee, which also includes 10 Democrats. The Republican Party lost one member last weekend with the sudden death of Sen. Lindsey Graham (RS.C.). Cornyn is scheduled to resign from the Senate in early January after losing the state’s Republican Senate primary in May.
The committee’s other Republican, Sen. Thom Tillis of North Carolina, said during the second day of hearings Thursday that he wants to meet with victims of late sex offender Jeffrey Epstein before voting on Blanche’s confirmation.
This is another example of an outgoing Republican congressman posing a roadblock to President Trump’s policies while voicing concerns about some of his actions. Mr. Blanche is a former president’s criminal defense attorney.
Mr. Branch has faced criticism for not meeting with victims and for the Justice Department, which was the No. 1 position. 2 Leadership position — releasing files containing specific information about Epstein.
“Although no final decision has been made, Mr. Blanche said immediately yesterday that he would meet with Epstein’s victims today if he could arrange it,” Tillis said at the hearing, but Mr. Blanche did not attend.
“I understand the limitations of having an attorney present, and I look forward to that meeting occurring before I vote from this committee,” Tillis said. “This is a very important part of reaching Jesus.”
Tillis said he, like Cornyn, has concerns about the Justice Department’s funding.
“There are very specific, measurable work products, not winks and nods and handshakes. But with a definable, ratified and executed agreement, you can rest assured that this turkey idea is over,” Tillis said.
If Cornyn or Tillis vote with all Democrats against delaying Blanche’s nomination while the rest of the Republicans vote for her, as expected, the nomination would stall in the Judiciary Committee.
That would prevent all members of the Senate from voting on nominations.
Blanche was confirmed as deputy attorney general by the Senate last year and has been serving as acting attorney general since April, when President Trump fired Attorney General Pam Bondi.
If Blanche is not confirmed as her replacement, she could continue to serve as acting attorney general.
Acting Attorney General Todd Blanche appears during his confirmation hearing in front of the Senate Judiciary Committee on Capitol Hill on July 15, 2026 in Washington, DC.
Win McNamee | Getty Images News | Getty Images
When asked Thursday whether he was still concerned whether the Justice Department’s “anti-weaponization” funds were actually gone, as Blanche claimed, Cornyn replied, “Yes, that’s right.”
During Wednesday’s hearing, Cornyn pressed Branch about the fund created by the acting attorney general as part of an out-of-court settlement of Trump’s lawsuit against the Internal Revenue Service.
The fund was set aside for alleged victims of prosecutorial overreach by the Justice Department.
Critics, including Republican senators, called it a “slush fund” and feared it would be used to pay Trump supporters to those convicted of assaulting police officers during the Jan. 6, 2021, riot at the U.S. Capitol.
Mr. Blanche has previously told Congress that the fund is defunct, but he has declined to put that claim in writing in court filings related to a lawsuit challenging its legality. President Trump continues to express interest in the fund even after Blanche said it was canceled amid legal challenges.
Cornyn asked Wednesday whether Trump and the other plaintiffs in the IRS case could sue to reinstate the funds. He pointed to language in the settlement agreement that says it “may only be amended with the written consent of the parties.”
Blanche replied, “I think they could sue. Then we would sue.”
“But even if we had filed a lawsuit, there would be no fund. So whatever the outcome of such a lawsuit would not be to reinstate the fund.”
Cornyn later told reporters he was concerned that the language in the settlement left open the possibility that the fund could be reinstated.
At Thursday’s judicial hearing, former Attorney General John Ashcroft testified in favor of Blanche.
Epstein survivor Dani Bensky opposed the nomination, testifying to senators that “Todd Blanche has spearheaded the publication of nude images of survivors, the outing of Jane Does, and the disclosure of documents documenting the identities and horrific acts of abuse of more than 100 victims, including myself.”
