Court Allows DOJ to Conceal Todd Blanche Records Before Senate Confirmation

Friday, the U.S. District Court for the District of Columbia denied American Oversight’s motion for a preliminary injunction seeking to require the Department of Justice (DOJ) to expedite processing of Freedom of Information Act requests for records about Attorney General nominee Todd Blanche’s official work on two matters that have generated extraordinary public scrutiny: the Trump administration’s review and release of records related to convicted sex offender Jeffrey Epstein and DOJ’s attempt to bury a report produced by former Special Counsel Jack Smith.

The order comes as the Senate Judiciary Committee prepares to consider Blanche’s nomination for Attorney General on July 15 and 16. We argued that expedited processing was required because the records were urgently needed to inform senators and the public before the Senate considers his nomination to serve as the nation’s top law enforcement officer.

In response to the ruling we released the following statement from our Executive Director Chioma Chukwu:

“Today’s decision is a loss for transparency. The Justice Department is sitting on records that could shed light on how Todd Blanche exercised extraordinary authority entrusted to him, depriving the American people of the opportunity to evaluate the factual record and engage meaningfully with their elected representatives as the Senate considers his nomination.

A Senate confirmation is a one-time constitutional responsibility. Once that vote is over, the opportunity for the public to meaningfully evaluate Blanche’s record and engage with their elected representatives before he is confirmed cannot be recreated.

Americans still deserve answers about Blanche’s role in matters involving Jeffrey Epstein and Special Counsel Jack Smith’s report, and we will continue pursuing these records so the public can understand how one of the nation’s most powerful law enforcement officials exercised his authority.”

We will continue seeking the records, which could help illuminate to what extent Blanche — who served as President Trump’s personal criminal defense attorney before becoming deputy attorney general and then acting attorney general — has abandoned independent judgment in matters directly implicating his former client and political patron.

Prior to joining the Justice Department, Blanche served as President Trump’s lead defense attorney in multiple criminal cases, including the federal prosecutions brought by Special Counsel Smith and the New York criminal case that resulted in Trump’s conviction on 34 felony counts.

As deputy attorney general, Blanche reportedly played a central role in the department’s review of records related to Jeffrey Epstein and his associates, including personally interviewing convicted sex trafficker Ghislaine Maxwell. His involvement has drawn scrutiny given that President Trump’s name reportedly appears thousands of times in the Epstein files and because questions have arisen about whether Blanche’s prior representation of Trump could affect his impartiality in matters involving the president.

Blanche has also faced questions about his role in matters connected to former Special Counsel Smith’s investigations. According to public reports, Blanche has boasted about helping “clean house” at the DOJ and FBI following Trump’s return to office, including the removal of personnel involved in Smith’s investigations. During his 2025 confirmation process for deputy attorney general, Blanche also testified that he would not support releasing the full second volume of Smither’s report concerning Trump’s handling of classified records. Shortly before Blanche’s confirmation, DOJ aligned itself with Trump’s motion to block public release of the report.

Our requests seek communications, emails, calendar invitations, text messages, and messages sent through encrypted or third-party platforms concerning Blanche’s involvement in the Epstein files review, including discussions involving redactions, President Trump, Ghislaine Maxwell, and Maxwell’s transfer within the federal prison system. The requests also seek records concerning Blanche’s involvement in matters related to Special Counsel Smith’s investigations and reports, including communications regarding the classified documents investigation and decisions concerning the release of portions of Smith’s final report.

We have previously raised concerns about Blanche’s ability to independently oversee matters involving records related to President Trump. Earlier this year, we called on Blanche to step aside from any role reviewing or overseeing the release of presidential records from Trump’s first term under the Presidential Records Act, citing his prior role as Trump’s personal criminal defense attorney and his acknowledged continuing duty of loyalty to the president.

This is not the first time during President Trump’s second term that a nominee for attorney general has raised serious questions warranting public scrutiny. In November 2024, we sought records related to then-nominee Matt Gaetz amid allegations of sexual and other misconduct that had drawn significant public attention. Gaetz ultimately withdrew his nomination.