There’s more than one reason that Todd Blanche should not be attorney general of the United States. You’ll be hearing plenty about them in the days and weeks ahead, following President Donald Trump’s nomination of his former criminal defense lawyer to lead the Department of Justice.
One way to view the nominee is through a single word: “tainted.”
That’s how a judge described Blanche’s investigation into Kilmar Abrego Garcia, who became a prime target of the administration’s crudely incompetent deportation regime last year. The Trump-controlled government illegally sent Abrego to El Salvador in violation of a court order, then resisted additional court orders for his return, and then finally secured his return but only to greet him with an indictment that a judge recently dismissed as unconstitutionally vindictive.
It’s rare for judges to grant vindictive prosecution motions, but the actions of Blanche and his colleagues made it possible. Indeed, U.S. District Judge Waverly Crenshaw emphasized that he didn’t reach the conclusion “lightly” in his ruling last month.
But in dismissing the charges of illegally transporting undocumented immigrants, to which Abrego had pleaded not guilty, Crenshaw wrote that “absent Abrego’s successful lawsuit challenging his removal to El Salvador, the Government would not have brought this prosecution.” The Obama-appointed judge recalled that the government had closed its investigation into the Tennessee traffic stop at the center of the case in 2022. It was only reopened after Abrego succeeded in vindicating his right to remedy his illegal removal.