Todd Blanche's Record Raises Alarming Questions About the Future of DOJ

For more than 90 years, Department of Justice (DOJ) headquarters, known as Main Justice, has had a warning engraved prominently on its stone walls: "Where law ends tyranny begins," attributed to John Locke. This inscription is a permanent reminder of the value of the rule of law, uncorrupted by partisan interference or favor.

This past year, however, we’ve seen DOJ abandon that rule of law and announce the rise of tyranny by hanging a massive poster of a scowling Donald Trump on the exterior facade of Main Justice — on the very walls that are etched with Locke’s prescient warning. This image encapsulates the legacy to date of former Attorney General Pam Bondi and Acting Attorney General Todd Blanche.

Ahead of Blanche’s Senate confirmation hearing, we’re breaking down his startling record on immigrants' rights, civil rights, and civil liberties — and sharing clear examples of how a DOJ under Blanche has been increasingly operating “where the law ends.”

First as deputy attorney general and now as acting attorney general, Blanche has had authority over criminal investigations and prosecutions of a long list of current or former officials perceived by Trump as political enemies or critics. That list includes Federal Reserve Chairman Jerome Powell, former FBI Director James Comey, Minnesota Governor Tim Walz, New York Attorney General Letitia James, and Senators Mark Kelly, Adam Schiff, and Elissa Slotkin. None of the matters investigated or prosecuted were actual crimes. Blanche took this misuse of prosecutorial power to an entirely new level when DOJ charged a preeminent civil rights organization, the Southern Poverty Law Center, for essentially carrying out its historic mission of investigating racist groups.

Politically motivated misuse of criminal prosecutions knows no bounds under President Trump and a DOJ leadership that kowtows to him. In a particularly bizarre twist on the misuse of criminal process, veteran prosecutors were fired or resigned for refusing to dismiss criminal charges against then-New York City Mayor Eric Adams, as DOJ sought to carry out a reported deal that Adams had with a White House official to comply with the White House’s wishes in exchange for DOJ dropping charges. It gets worse. Under Blanche’s leadership, Trump can now simply imagine a crime that has not actually happened, as in phantom vandals causing an algae bloom in the Washington reflecting pool. Given the word, DOJ then dutifully arrested and charged a scapegoat, a former Olympian, for touching the pool.

At the same time, DOJ under Blanche’s leadership has fired, demoted, or otherwise forced out thousands of career prosecutors, FBI investigators, and civil rights attorneys who had dedicated their careers to enforcing the law without regard to anyone’s ideology or beliefs. The legendary “crown jewel” of DOJ, the Civil Rights Division, has been gutted; much of its remaining or replacement staff are now perversely focused on trying to use civil rights laws to undermine protections for the very women and racial and ethnic minority communities those laws were written to protect. FBI agents and prosecutors have been routinely fired, or left with no choice but to resign, for past work in carrying out lawful investigations and prosecutions or for refusing to participate in vengeful political prosecutions.

Politically motivated misuse of criminal prosecutions knows no bounds under Trump and a DOJ leadership that is all too happy to do his bidding. Blanche has been a part of that strategy from the beginning.

As the midterm elections approach, escalating activities under Blanche’s leadership threaten the integrity of the election process and could deny or depress the vote for eligible voters. DOJ continues to demand private, sensitive voter data — including names, addresses, dates of birth, driver’s license numbers, and partial Social Security numbers — in lawsuits across more than 30 jurisdictions despite consistent losses in federal courts. These unwarranted actions undermine state privacy protections and aim to justify aggressive, erroneous voter roll purges that threaten to disenfranchise eligible voters. DOJ’s efforts to obtain unredacted voter registration files also create severe risks of data misuse, exposure to hackers, and weaponization to suppress voting.

As acting attorney general, Blanche has overseen escalating tactics to improperly obtain election records, intimidate election officials, and interfere with state election administration. Based on thoroughly debunked falsehoods about election fraud, the FBI executed an unprecedented search warrant on Fulton County, Georgia in January of this year, seizing ballots, ballot images, tabulator tapes, voter rolls, and other records from the 2020 election. Recent reporting revealed that the FBI is directing over 200 staffers to this Fulton County investigation. Under Blanche, DOJ further sought the private information of thousands of Fulton County poll workers and volunteers, an attempt that was blocked by a federal judge. And in a broad move to intimidate top election officials in every state and D.C., DOJ recently sent letters to these officials threatening criminal prosecution related to their routine election administration responsibilities.

Blanche’s priorities as acting attorney general continue to move DOJ further away from its vital duty of protecting our freedom to vote and supporting free and fair elections. Under Blanche’s leadership, DOJ has mounted a coordinated campaign of intimidation designed to suppress turnout and prevent voters from holding those in power accountable at the ballot box.

Federal courts are also tiring of DOJ leadership’s conduct. Many judges even question the honesty of DOJ attorneys who appear before them.

Last year, the Trump administration lawlessly ordered the removal of more than 130 men from the United States under the 1798 Alien Enemies Act. Despite a judge’s temporary restraining order restricting the administration’s ability to deport these men without due process, the plane left to deliver them to a torture prison in El Salvador anyway. Based on court filings, it’s become clear that when Blanche was operating as deputy attorney general, he was involved in the Trump administration’s willful violation of this court order. The ACLU is litigating whether this criminal contempt inquiry can proceed.

Unfortunately, this isn’t a rare occurrence. The Trump administration has avoided complying with hundreds of court orders. And while there are solutions within our legal system to enforce compliance, these actions represent a dangerous break from the rule of law.

We’ve outlined only a few examples of how DOJ has devolved. From immigration enforcement to war authority to attacks on the most vulnerable people in our communities, DOJ under Blanche has lawlessly carried out the wishes and the revenge fantasies of a president who has shown no regard for the law.

We may be only 18 months into this presidential term, but Locke’s warning, “Where law ends tyranny begins” could not be more timely. It is now the responsibility of each senator to stand up for the law and ask Blanche questions that ensure Locke’s warning is heeded.