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Why Todd Blanche Should Not Be Attorney General

为什么托德·布兰奇不该当司法部长
In a Senate that took its constitutional role seriously, Blanche would not win confirmation a second time.
在一个认真履行宪法职责的参议院里,布兰奇根本不可能第二次获得确认。
Photo montage of Donald Trump's head next to Todd Blanche.
Photo illustration by Cristiana Couceiro; Source photographs from Getty

Shortly before midnight on April 27th, two days after a gunman disrupted the White House Correspondents’ dinner, the acting Attorney General, Todd Blanche, submitted an extraordinary petition to a federal court that had blocked the construction of the White House ballroom. Despite the late-night filing in the case, which had been brought by the National Trust for Historic Preservation, there was no actual emergency; rather, the Department of Justice seized on the moment to make its case that security required the construction to proceed. Attorneys General do not ordinarily put their names on such filings, as Blanche had. But more astonishing was the language of the document: the United States speaking in the unmistakable voice of Donald Trump.

4月27日午夜前不久——也就是一名枪手扰乱白宫记者晚宴的两天后——代理司法部长托德·布兰奇(Todd Blanche)向一家联邦法院提交了一份非同寻常的申请书,该法院此前已叫停了白宫宴会厅的建造。尽管这份深夜递交的文件涉及的是国家历史保护信托基金(National Trust for Historic Preservation)提起的诉讼,但当时并不存在真正的紧急情况;司法部不过是抓住了这个时机,试图论证安全需求要求工程继续推进。司法部长通常不会像布兰奇那样,在这种文件上署上自己的名字。但更令人震惊的是文件的语言:美利坚合众国以唐纳德·特朗普那毫不掩饰的口吻在说话。

The motion began mid-rant: “ ‘The National Trust for Historic Preservation’ is a beautiful name, but even their name is FAKE.” It said that those seeking to stop the ballroom “suffer from Trump Derangement Syndrome” and “are represented by the lawyer for Barack Hussein Obama, Gregory Craig.” Then it shifted to praising Trump’s brilliance—“a highly successful real estate developer, who has abilities that others don’t”—and to arguing that the ballroom was “being given FREE OF CHARGE AS A GIFT TO THE COUNTRY!” This claim was dubious; the President has unsuccessfully sought a billion dollars in government funding. Yet it was also unfiltered Trump, a Truth Social post in the guise of a legal document, and it was met with predictable failure. But although the document was submitted to Richard Leon, the U.S. district judge who had issued the injunction, Blanche was targeting a different audience of one.

这份动议一开篇就带着怒气:“‘国家历史保护信托基金’是个漂亮名字,但就连他们的名字也是假的。”文中称,那些试图阻止宴会厅建造的人“患有特朗普错乱综合征”,并且“由巴拉克·侯赛因·奥巴马(Barack Hussein Obama)的律师格雷戈里·克雷戈(Gregory Craig)代理”。接着,话锋一转,开始赞美特朗普的才华——“一位极为成功的房地产开发商,拥有他人所不具备的能力”——并声称宴会厅是“作为礼物免费赠予国家的!”这一说法颇为可疑;总统曾试图争取十亿美元的政府拨款,但未能成功。然而,这又是未经任何过滤的特朗普风格,一份披着法律文书外衣的Truth Social帖子,其结果也如预料般以失败告终。不过,尽管这份文件是提交给签发禁令的美国地区法官理查德·莱昂(Richard Leon)的,布兰奇瞄准的却是另一个只有一位观众的舞台。

In Trump’s Washington, subservience works. Last Monday, the President formally nominated Blanche to be the nation’s eighty-eighth Attorney General. Blanche, who had represented Trump in his criminal trials and was confirmed as Deputy Attorney General last March, has served in an acting capacity for more than eight weeks, since Pam Bondi was fired. He professed equanimity about getting the job permanently, announcing that, if Trump “chooses to nominate somebody else and asks me to go do something else, I will say, ‘Thank you very much. I love you, sir.’ ” But Blanche used the intervening weeks to engage in what has looked like a manic spree of auditioning for the top job.

在特朗普治下的华盛顿,顺从是管用的。上周一,总统正式提名布兰奇出任美国第八十八任司法部长。布兰奇曾在特朗普的刑事审判中担任其代理律师,并于去年三月被确认为副司法部长,自帕姆·邦迪(Pam Bondi)被解雇后,他已代理部长职务超过八周。对于能否永久获得这个职位,他表现得泰然自若,宣称如果特朗普“选择提名别人,让我去做别的事,我会说,‘非常感谢。我爱您,先生。’”但在等待的这几周里,布兰奇进行了一场近乎疯狂的、为争取这个最高职位而试镜的表演。

Blanche has touted one flimsy indictment (of the former F.B.I. director James Comey, for posting on social media a photo of “86 47,” written in seashells) after another (criminal charges against the Southern Poverty Law Center, for allegedly defrauding its donors). He ramped up a seemingly stalled criminal investigation into the former C.I.A. director John Brennan, enlisting Joseph diGenova, who had represented the Trump campaign in challenging the 2020 election results, to lead it. And he presided over the creation of a nearly $1.8-billion “anti-weaponization” slush fund, supposedly to settle the Trump family’s lawsuit against the I.R.S., for a private contractor’s leak of tax records. This looting of the Treasury has apparently been averted, following a rare revolt by Republican lawmakers. But, for the Trumps, the most valuable benefit of the deal remains—a Blanche-signed addendum stating that the federal government is “FOREVER BARRED and PRECLUDED” from pursuing an I.R.S. audit that, according to the Times, could have cost the family some hundred million dollars. (Asked about Blanche’s tenure, a Justice Department spokeswoman offered a list of “key accomplishments,” including a decrease in the national murder rate, the arrest of numerous alleged cartel members, the filing of multiple fraud cases, and the hiring of additional immigration judges.)

布兰奇先是吹嘘了一份站不住脚的起诉书(针对前联邦调查局局长詹姆斯·科米,因他在社交媒体上发布了一张用贝壳拼出“86 47”字样的照片),紧接着又吹嘘了另一起(对南方贫困法律中心提起刑事指控,指控其涉嫌欺诈捐赠者)。他加大了对前中央情报局局长约翰·布伦南(John Brennan)一项看似已停滞的刑事调查的力度,并招募了曾代表特朗普竞选团队挑战2020年大选结果的约瑟夫·迪吉诺瓦(Joseph diGenova)来领导这项调查。他还主持设立了一个近18亿美元的“反武器化”行贿基金,据称是为了解决特朗普家族因私人承包商泄露税务记录而对国税局提起的诉讼。在共和党议员罕见地发起反抗后,这种对财政部的掠夺显然已被阻止。但对特朗普家族来说,这笔交易最有价值的好处依然保留了下来——一份由布兰奇签署的附录,声明联邦政府“永远被禁止且不得”进行一项据《纽约时报》称可能让该家族损失约一亿美元的国税局审计。(当被问及布兰奇的任期表现时,司法部一位发言人提供了一份“关键成就”清单,包括全国谋杀率下降、逮捕众多被指控的贩毒集团成员、提起多起欺诈案件,以及增聘移民法官。)

The Senate vote on Blanche’s nomination to be Deputy Attorney General last year was 52–46, along party lines. But that was when his background offered the hope that he would stand up for the norms of Justice Department independence. He had been a registered Democrat until 2023, the Times reported, and had worked for years as a prosecutor in the Southern District of New York, the flagship U.S. Attorney’s office. He was, former colleagues have said, no superstar, but he was reasonably well regarded and even better liked. The optimism that Blanche would be a moderating force, though, seems to have underestimated the corrupting power of ambition. News reports suggest that Blanche has at times urged restraint; if so, his successes appear to have been few, if any. He tolerated the firing of a respected prosecutor, Maurene Comey, for no other reason than her last name. In March, at the Conservative Political Action Conference—not normally a venue for a Justice Department official—he boasted of the wholesale ouster of F.B.I. agents who had worked on Trump prosecutions, saying, “There isn’t a single man or woman with a gun, federal agent, still in that organization that had anything to do with the prosecution of President Trump.”

去年,参议院就布兰奇担任副司法部长的提名投票结果是52比46,完全按党派划线。但那时,他的背景让人抱有希望,认为他会捍卫司法部独立的准则。据《纽约时报》报道,他在2023年之前一直是注册民主党人,并曾在旗舰级的纽约南区联邦检察官办公室担任多年检察官。前同事说,他并非什么超级明星,但能力还算受认可,人缘甚至更好。然而,认为布兰奇会是一股温和力量的那种乐观,似乎低估了野心的腐蚀力。新闻报道显示,布兰奇有时也曾主张克制;如果是这样,他的成功案例似乎少之又少,甚至可能根本没有。他容忍了一位受人尊敬的检察官莫琳·科米(Maurene Comey)被解雇,原因无他,只因为她的姓氏。三月,在保守派政治行动会议上——这通常不是司法部官员该去的场合——他吹嘘了对曾参与特朗普相关起诉的联邦调查局特工的大规模清洗,说:“那个组织里,现在没有一个配枪的男女联邦探员,跟起诉特朗普总统的事有任何瓜葛。”

Last month, a federal judge in Tennessee, citing “Blanche’s vindictive motive,” ordered dismissal of the indictment of Kilmar Abrego Garcia, whom the Justice Department had prosecuted after it removed him to El Salvador, his home country, in violation of a court order, and was forced to return him to the U.S. This month, in a podcast interview with Sean Hannity, Blanche not only discussed ongoing grand-jury investigations into a supposed “grand conspiracy” among government officials to go after Trump but played along as Hannity named potential targets, from James Comey and John Brennan to the former director of National Intelligence James Clapper and President Joe Biden. “All those folks were certainly part of it,” Blanche said. This is the antithesis of how prosecutors are instructed to behave. On Wednesday, the conservative National Review came out against his nomination. “Todd Blanche has been everything President Trump wants in an attorney general, and that’s the problem,” the editors wrote.

上个月,田纳西州一位联邦法官以“布兰奇的报复性动机”为由,下令驳回对基尔马·阿夫雷戈·加西亚(Kilmar Abrego Garcia)的起诉。司法部在违反法院命令将其遣返回祖国萨尔瓦多后,又对他提起公诉,最后被迫将他送回美国。本月,在接受肖恩·汉尼提(Sean Hannity)的播客采访时,布兰奇不仅讨论了正在进行的、针对政府官员中所谓“大阴谋”的大陪审团调查,还顺着汉尼提的话头,列出了潜在目标,从詹姆斯·科米、约翰·布伦南到前国家情报总监詹姆斯·克拉珀(James Clapper)和总统乔·拜登(Joe Biden)。“那些人肯定都参与了,”布兰奇说。这与检察官被教导的行为准则完全背道而驰。周三,保守派刊物《国家评论》公开反对他的提名。“托德·布兰奇在各方面都符合特朗普总统对一位司法部长的期望,而这正是问题所在,”编辑们写道。

A year ago, senators uncomfortable with the idea of Trump’s criminal-defense lawyer becoming the department’s No. 2 could point to Blanche’s testimony before the Judiciary Committee, where he said that “political prosecutions should never happen, period” and that, if pressed to bring a bogus case, “I will follow the law.” Now they have a record against which to judge those assurances. Will any of this matter to Republican senators—perhaps to members of the growing “wounded-bear caucus,” who have been the targets of Trump’s fury? A no vote from a single Republican on the committee could block the nomination. On the floor, just four Republican no votes could doom it. In a Senate that took its constitutional role seriously, Blanche would not win confirmation a second time. But, as John Thune, the Majority Leader, observed, “obviously most of our members are pretty deferential to who the President wants.” Like the nominee it will consider, this Senate is more inclined to consent to Trump than to advise him. ♦

一年前,对让特朗普的刑事辩护律师成为司法部二号人物感到不安的参议员,还可以拿布兰奇在司法委员会的证词来说事,当时他说“政治起诉绝不应该发生,句号”,并且如果被迫提起虚假案件,“我会遵守法律”。现在,他们有了可以评判这些保证的实际记录。这些对共和党参议员——也许是那些日益壮大的、成为特朗普怒火目标的“受伤熊核心小组”成员——会有任何影响吗?委员会中只要有一位共和党人投反对票,就能阻止这项提名。在全体会议上,只需四张共和党反对票就能让它失败。在一个认真履行宪法职责的参议院里,布兰奇根本不可能第二次获得确认。但是,正如多数党领袖约翰·图恩(John Thune)所言,“显然,我们大多数成员对总统想要的人选都相当顺从。”就像它将要审议的这位提名人一样,这个参议院更倾向于顺从特朗普,而非向他提供建议。 ♦

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