Todd Blanche’s nomination to be President Donald Trump’s permanent attorney general is on hold. And it could stay that way until September — or potentially even longer.

Late Wednesday night, the Senate Judiciary Committee postponed Thursday’s vote to advance Blanche’s nomination after it became clear Republicans didn’t have the votes, with GOP Sens. John Cornyn of Texas and Thom Tillis of North Carolina withholding their support.

Cornyn and Tillis, both of whom are leaving Congress at the end of the year, say the Trump administration has yet to satisfy their demands on Trump’s IRS settlement. The pair is asking Blanche to formally kill the so-called anti-weaponization fund and narrow the scope of the IRS audit immunity afforded to Trump, his family, his businesses and others under the agreement.

Until then, they’re refusing to advance his nomination to the Senate floor.

Play

The two GOP senators traded draft language with the Justice Department on Wednesday, but it wasn’t enough to secure their support. With less than 12 hours to go until the vote, Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, called off the meeting Wednesday night.

In response to the news, a Justice Department spokesperson told MS NOW that the DOJ has been in “regular communication” with committee members for weeks, and that it looks forward to “continuing to work productively with Senators to address any concerns.”

But what happens now is anyone’s guess.

With the Senate set to leave town on Thursday — barring a sudden breakthrough in a matter of hours — the earliest a rescheduled vote could take place is next week. But even that timeline is tight.

If the committee votes to advance Blanche next Tuesday, the earliest Senate Majority Leader John Thune, R-S.D., could move to the nomination on the floor is Wednesday. Without time agreements, senators would be voting on cloture — a procedural motion to end debate — on Friday, which is the same day the Senate is scheduled to leave for its August recess. 

That’s if everything goes according to plan. Any additional hiccups and Blanche may not be confirmed until September — if at all.

Of course, Blanche is already the acting attorney general. He could stay in an acting role indefinitely. But it would be a considerable blow to Trump — and a statement about the president’s waning influence with Senate Republicans — if he isn’t able to get Blanche confirmed.

Even if Blanche makes it through the Judiciary Committee, his path through the rest of the Senate remains uncertain. On Tuesday, Sen. Susan Collins, R-Maine, told MS NOW she still has questions.

“I have been waiting to see the outcome of the hearing on the anti-weaponization fund and the IRS issues,” Collins said. “I’ve been following closely.”

And Sen. Lisa Murkowski, R-Alaska, another swing vote, declined to comment when asked where she stands on Blanche’s nomination.

The skepticism surrounding Blanche has centered on the settlement between the IRS and Trump’s DOJ. The agreement created a $1.776 billion fund for individuals who claimed they were the target of weaponization and it granted Trump, his businesses, his family members and others immunity from IRS investigations — two provisions that sparked bipartisan pushback.

Play

Cornyn and Tillis have pressed Blanche to reopen the settlement, eliminate the anti-weaponization fund in writing and narrow the scope of the audit immunity — an immunity that could personally benefit the president to the tune of $100 million. They say the administration still hasn’t agreed.

But the more resistance the administration puts up to their demands, the more conspicuous it becomes that the administration won’t meet them.

Separately, survivors of Jeffrey Epstein’s sexual abuse have been increasingly speaking out about Blanche, with a group of survivors telling reporters outside of Cornyn’s office on Wednesday that Blanche had been “very condescending” when he met with them — and even told them to “get to the point.”

As Blanche’s nomination lingers, GOP senators are making it clear they have real problems. And those problems only start with Cornyn and Tillis.

“They refused to commit to writing what he testified to under oath, and it’s not a big ask,” Cornyn told reporters Wednesday. “We’re trying to help them get this solved, but they refuse to accept our help.”

Asked why he believed the DOJ wasn’t meeting his requests, Cornyn mused that, “Maybe they think they can roll me.”

When reporters pressed whether the administration could “roll” him, Cornyn answered with one word: “No.”

Recommended

Cornyn and Tillis insist they aren’t asking for much from the administration. They just want Blanche and the DOJ to put in writing what they say they’ve been assured privately on the anti-weaponization fund and to provide assurances that Trump can’t just ignore his tax bill.

If that’s all they’re really looking for, the holdup over Blanche’s nomination could be resolved quickly. But the fact that this game of chicken has continued for so long is an indication that both sides think the other will cave — with neither side seemingly willing to give in.

The White House, for its part, has seemed surprised by the opposition. Blanche has spent weeks meeting with senators, and earlier Wednesday, Trump suggested the confirmation was all but assured.

“All I can say is Todd Blanche is outstanding, and I thought it was pretty routine because he’s so good,” Trump said. “He just wouldn’t find a better person.”

Still, the warning signs in the Senate have been building for weeks.

Cornyn and Tillis have repeatedly said the anti-weaponization fund must be declared dead in writing and the audit immunity must be narrowed.

The DOJ said it sent Cornyn a proposal on Tuesday, but Cornyn told reporters on Wednesday that the offer didn’t sufficiently address the audit immunity. He marked up the proposal and sent it back.

Asked why he believed the DOJ wasn’t meeting his demands, Cornyn said he assumed Blanche was getting “some pushback from the president’s lawyers.”

Play

By nightfall on Wednesday, it was clear to the holdouts that there wasn’t enough time for Blanche’s confirmation vote to be held the next morning.

“With the passing time, it’s gonna be difficult for me to think that we can get all this language ironed out,” Tillis told MS NOW Wednesday night. “To be fair to DOJ, there are several parties that they have to work with once you get the language. So I think that’s probably why I think it’s unlikely we could have all this settled tonight.”

Asked about Cornyn’s opposition on Wednesday, Trump looked back at his endorsement of Ken Paxton over the incumbent GOP senator.

“Maybe John Cornyn’s upset with me because I didn’t endorse him,” Trump said. “I don’t know what it is, but I haven’t heard that there’s a problem. I heard he’s going through quite nicely.”

Cornyn pushed back on that narrative, insisting his lame duck status hasn’t influenced his position.

“I think that’s a convenient excuse for not cooperating with the Judiciary Committee’s appropriate role in confirmations,” Cornyn said.

When a reporter pointed out that he’s been more independent since losing his primary, Cornyn seemed amused.

“Have you noticed?” he said.