“I have no objection to temporarily withdrawing Todd’s name, if they do not do the right thing,” Trump posted on Truth Social.
Republican Sen. John Cornyn of Texas, one of the key holdout votes, told reporters Wednesday that he had not received a written confirmation from the Department of Justice that it would eliminate provisions in a proposed settlement between Trump and the department over a lawsuit he filed concerning the leak of his tax returns.
Read more: What to Know About the DOJ’s $1.8B 'Anti-Weaponization Fund' That Could Compensate Trump Allies Investigated Under Biden
The committee did not immediately announce a new date for a confirmation vote. Shortly after the postponement, Cornyn said negotiations between the committee members and the DOJ were still ongoing, and that the DOJ had received “some pushbacks” from the White House.
Republican Sen. Thom Tillis of North Carolina, who is not seeking reelection over his disagreement with the Trump administration, has also made clear his opposition to the Anti-Weaponization Fund.
Todd Blanche has been serving as acting attorney general for the DOJ since Trump removed Pam Bondi in April over her handling of the Epstein files. Unlike interim U.S. prosecutors, who can lawfully serve 120 days without a Senate confirmation, an acting attorney general can serve for as long as a president wants.
The law, which was passed decades before the Federal Vacancies Reform Act (VRA) of 1998, takes legal precedence. While the FVRA generally limits officials serving in a temporary capacity to no longer than 210 days after the position becomes vacant, the law also made exceptions to agency-specific laws that had been previously codified.
Su served as acting labor secretary for the rest of the Biden administration under a similar statutory provision, despite Republicans' objections. In 2023, the Government Accountability Office, which oversees the federal government’s compliance with vacancy laws, concluded in a letter that time limitations “do not apply” to Su’s case.
What did Blanche say about the demands?
However, Sen. Cornyn pointed out during the hearing that the settlement agreement made between Trump and the Department of Justice that included the fund could only be modified through “a written agreement” between two parties. When pressed by Cornyn, Blanche said Trump could potentially enforce the agreement if he decides to do so.
TIME has also reached out to the Department of Justice for comment.
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