Sen. Marsha Blackburn signaled confidence this week that Acting Attorney General Todd Blanche will win full Senate confirmation — and she said investigators have turned up new material that could complicate matters for former Special Counsel Jack Smith. The developments tie a confirmation fight to fresh questions about how far special counsels can reach into private records. It’s a story about power, privacy and who polices the police.
Blanche moves forward after DOJ rescinds the disputed “anti‑weaponization” fund
The Senate Judiciary Committee advanced Todd Blanche’s nomination after the Justice Department provided written notice rescinding the so‑called $1.8 billion “anti‑weaponization” fund. That concession apparently satisfied holdout GOP senators, and Blackburn told reporters, “We will get him to the floor. He will be confirmed.” The committee vote was largely party line, but the written rescission was the key to unlocking the process.
The floor vote is still a real contest
Don’t pop the champagne yet. At least one Republican, Senator Susan Collins, has already announced she will oppose Blanche. That makes unity among Senate Republicans essential if Blanche is to win confirmation before the August work period. Blackburn is optimistic — but optimism is not a vote. The next step is the full Senate, where a few swing votes will decide whether the Justice Department gets a permanent leader who Republicans trust to rein in politicized probes.
New evidence tied to Jack Smith raises real accountability questions
Blackburn also said investigators are finding more evidence about what Jack Smith’s team obtained during past probes. Republicans point to documents showing investigators accessed the contents of private text messages and other records tied to dozens of lawmakers — not just phone tolling data. That finding triggered a criminal referral from House Judiciary Chairman Jim Jordan asking the Department of Justice to determine whether Smith misled Congress. The twist: the referral landed on the desk of Acting Attorney General Blanche, the very nominee Republicans are rushing to confirm. That is a conflict that needs plain talk, not dodgeball.
Why this matters and what should happen next
This moment is bigger than one nomination. It’s about checks and balances. If investigators did read the contents of lawmakers’ texts and then testified otherwise, that demands an independent review and, if warranted, accountability. At the same time, Congress should pass clear limits on special counsel powers so private communications and family records are not swept up without strict court oversight. Blanche can and should pledge transparency and, if the referral requires it, recuse himself so the process cannot be painted as political theater. Republicans who talk about rule of law should now do something about it — not just shout about it from the sidelines.

