What To Watch for
DOJ is reportedly working with Cornyn and Tillis on modifying the IRS settlement, but there’s so far still no indication when they’ll reach an agreement that will allow the vote on Blanche to move forward. Cornyn and Tillis are key votes on the Senate Judiciary Committee, which has to vote first to move the nomination forward to the Senate floor before the full Senate votes and Blanche can be officially confirmed. With all Democratic lawmakers on the committee opposed to Blanche, Republicans cannot afford to lose a single GOP vote, or else the nomination won’t clear the committee—which is why Cornyn and Tillis’ view of the agreement has become so pivotal.
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What Does The IRS Deal Do?
The language of the agreement in the IRS settlement suggests it gives Trump and his affiliates broadscale immunity from legal liability for actions that were taken by the time the settlement was signed in May. In his confirmation hearing before the Senate Judiciary Committee, Blanche has claimed the agreement is much narrower than that, such as alleging it does not apply to any agencies beyond the IRS and Treasury Department and that it does not stop the government from prosecuting people. Those claims are different from what the actual text of the agreement says, as it states it applies to “other agencies and departments” and says the federal government is “forever barred and precluded from prosecuting or pursuing” claims. Unless the DOJ does modify the agreement to more specifically spell out what exactly it does or does not include, it’s likely it would ultimately be up to a court to determine its scope, if a future Democratic White House ever tried to take legal action against Trump or his affiliates. The judge overseeing Trump’s initial lawsuit against the IRS, which resulted in the settlement, also issued an order that would appear to nullify the agreement, banning the government from using it in any official proceedings, but Blanche has said the DOJ believes the agreement is still in effect despite that order.
Tangent
Senate Democrats are also trying to kill the IRS immunity deal through legislation, with Democrats on the Senate Finance Committee introducing an amendment to a tax bill that would nullify the existing deal and more broadly ban the IRS from having tax immunity agreements with sitting presidents and their affiliates. That amendment is expected to be voted on Thursday.
What About The ‘Anti-Weaponization’ Fund?
The immunity agreement is one of two provisions in Trump’s settlement with the IRS, with the other being a $1.776 billion “anti-weaponization” fund designed to pay money to those who feel the judicial system has been “weaponized” against them. Blanche has already claimed the fund is “dead” after even Republicans raised objections to it, but it has also become an issue in his confirmation battle, as Tillis and Cornyn want the DOJ to formally rescind the order creating the fund. The Trump administration is also blocked in court from carrying out the fund, but the lawmakers want assurances the policy will not move forward if that order ever expires. Tillis has suggested the DOJ is closer to reaching an agreement on the fund with him and Cornyn than it is on the immunity agreement, but nothing has yet been formally announced on the DOJ killing the fund.
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Further Reading
Are Trump-Linked Companies Benefiting From His IRS Immunity Deal? Democrats Want To Find Out. (Forbes)
Trump’s DOJ ‘Simply Refuses’ To Formally Restrict IRS Settlement, Senator Says (Forbes)
Todd Blanche Says ‘Sorry’ To Epstein Victims—But Defends DOJ—In Testy Confirmation Hearing (Forbes)
Blanche Claims Trump’s IRS Immunity Deal Still In Effect—After Court Essentially Voids It (Forbes)
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