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Blanche’s Campaign Appearances Test Traditional Wall Between Justice Department and Politics

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Attorney General Todd Blanche’s Political Appearances Renew Debate Over Justice Department’s Independence From Campaign Politics

By — SCN News

WASHINGTON — U.S. Attorney General Todd Blanche’s increasingly visible appearances at Republican political events are testing longstanding Justice Department norms intended to separate federal law enforcement from election campaigns, drawing complaints from ethics watchdogs even as the department says his participation has been reviewed and cleared by its ethics officials. The dispute centers not simply on whether an attorney general may attend a partisan event, but on whether the nation’s top law-enforcement official should publicly participate in campaign politics while overseeing prosecutions and investigations that are supposed to be insulated from partisan influence.

Blanche appeared Wednesday at an event supporting Republican Senate nominee Michael Whatley in North Carolina, days after addressing a Republican midterm convention in Dallas. During the North Carolina appearance, Blanche praised President Donald Trump and Vice President JD Vance for what he described as improvements in public safety and called Trump “the greatest president of our generation.” He also discussed inflation, wages and the stock market — subjects extending beyond the Justice Department’s traditional law-enforcement portfolio.

The Justice Department rejects suggestions that Blanche is improperly using his office for partisan purposes. Department spokesperson Kiersten Pels told the Associated Press that Blanche makes the appearances in his personal capacity, that ethics officials review and clear them and that he reimburses travel expenses in accordance with federal rules and policies. The department also says his political-event speeches discuss the administration broadly rather than disclosing or discussing official Justice Department business.

Blanche has similarly rejected criticism of his participation. Discussing an earlier appearance at a Long Island event where Trump promoted Republican candidates, Blanche told the AP that he had attended to thank police officers and highlight the administration’s work rather than endorse candidates. Public Citizen, however, filed a complaint alleging that his participation violated restrictions on political activity by federal employees. No finding cited in the available reporting establishes that Blanche violated the Hatch Act, and the legal and ethical questions should therefore be distinguished from criticism of the appearances themselves.

The controversy is rooted partly in the unusual institutional position of the attorney general. The president appoints the attorney general, who is a member of the administration, but post-Watergate Justice Department practice has placed particular emphasis on maintaining distance between partisan politics and federal criminal investigations. Attorneys general from both parties have generally sought to avoid campaign activity that could create an appearance that prosecutorial decisions were being influenced by electoral considerations.

Federal law does not impose a simple prohibition on every political appearance by an attorney general. The Hatch Act restricts federal officials from using their official authority to interfere with or influence elections, while political appointees have historically been permitted to engage in some political activity in their personal capacities. Legal specialists cited in current reporting disagree about how those provisions apply to Blanche’s conduct, making the controversy partly a question of institutional norms and appearances rather than an established statutory violation.

Justice Department rules themselves have also changed significantly in recent years. In 2022, then-Attorney General Merrick Garland tightened department policy by barring political appointees from attending campaign events even in their personal capacities, saying the restriction was intended to ensure that politics did not affect — or appear to affect — law enforcement. Former Attorney General Pam Bondi rescinded those tighter restrictions this year, restoring greater latitude for political appointees to participate personally in partisan events, subject to applicable federal rules.

Blanche’s history has intensified scrutiny of those appearances. Before joining the Trump administration, he served as Trump’s personal criminal-defense attorney in several cases brought against the president before his return to office. Blanche later became deputy attorney general, took over as acting attorney general after Bondi’s departure and was sworn in as the 88th attorney general on Aug. 10, according to the Justice Department.

His proximity to the White House has also become part of the institutional debate. Blanche held a news conference in the White House Rose Garden this week where he addressed Justice Department matters, including newly announced criminal charges and questions involving artificial intelligence. Reuters reported on Sept. 15 that Blanche said the department would investigate AI-related conduct when criminal laws were violated, while maintaining that he did not see DOJ as the agency responsible for regulating artificial intelligence.

Critics argue that combining such official visibility with appearances at Republican campaign events risks weakening public perceptions that federal prosecutions are politically neutral. Richard Painter, a former White House ethics lawyer under Republican President George W. Bush, told the AP that Blanche’s activities strengthen arguments from those who believe the department has become politicized. That is Painter’s assessment rather than an established finding about Blanche’s handling of particular investigations.

The distinction is important. The available evidence establishes that Blanche has participated in Republican political events, that the Justice Department says those appearances were undertaken personally and cleared by ethics officials, and that outside watchdogs and legal specialists have challenged their appropriateness. It does not, on that evidence alone, establish that Blanche has made a specific prosecution or investigative decision for partisan political reasons.

The wider question is therefore whether the traditional separation between electoral politics and federal law enforcement depends only on compliance with statutory rules or also on voluntary institutional restraint. Blanche’s appearances are bringing that distinction into sharper focus ahead of the November midterm elections, when Justice Department decisions involving politically sensitive cases could face particularly intense scrutiny from both parties.

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