Todd Blanche, a man who has aided and abetted the most corrupt president in the history of this country, is about to be confirmed by the Senate.
Two Republican holdouts now say they are satisfied because he wrote that Trump’s slush fund that Blanche negotiated and signed on behalf of the United States, is dead.
Bullshit.
That $1.776 billion fund intended to allow Trump to direct payment to those people charged and convicted of attempting to overthrow the United States government at his behest is established in a written, signed, contract, called a “settlement agreement.”
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The parties to that agreement are the United States of America and Donald J. Trump, in his individual capacity.
Blanche never lifted a finger to defend against Trump‘s lawsuit, even though he was the Acting-Attorney-General of the United States and all similar lawsuits had been defended.
A basic principle of contract law is that one party to a contract is unable to change the terms of that contract without the consent of the other party.
That is such a basic principle that the settlement agreement between Trump and the United States incorporates that as a term or condition.
In other words, in order to abolish the United States’ obligation to establish this slush fund—Senators, are you listening— Trump needs to sign off on Blanche‘s agreement.
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Without Trump‘s written consent Blanche’s written assurance to the Senate is absolutely meaningless. He has no authority to bind Trump, and no authority to change the contract.
Creating that fund remains the obligation of the government, that is unless it is challenged on the basis that the contract is not supported by valid legal ‘consideration’ because the lawsuit brought by Trump and settled by Blanche is a sham.
Because Trump gave up no real rights to settle the sham suit, there is no consideration. The judge in Florida found that the suit was a sham and Trump is appealing her ruling.
What will Blanche do when Trump orders him to reestablish the fund, assuming he can find money without going to the Senate for funding?
Whatever he is told to do.
Yet, even without the fund, Blanche can pay anyone who makes a claim against the government under the Federal Tort Claims Act. There is no requirement that the claim be litigated; Blanche has full settlement authority.
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He has told the Senate that he will consider claims on a case-by-case basis. However, he will do what he is told by the president.
He is a tool.
Overlooked by the Senate is the tax immunity deal that was also negotiated and signed by Blanche on behalf of his current and former clients.
Due to his conflict of interest, the Florida Judge has referred him to the New York Bar Association where he is licensed, calling this an ethical violation.
Interference with the workings of the Internal Revenue Service by a member of the executive branch is illegal and criminal.
The deal is worth millions to our grifting president and his family. It is without precedent in the history of this country.
Like the slush fund, it too, must be supported by valid consideration. The problem is there is no one but the Attorney General to challenge this deal.
An observation: Anyone who goes to work for Trump is weak. They understand they have to do whatever he tells them, legal or illegal. The strong turn their back on him and walk away at the outset.
Jim Astrachan is lawyer who represents clients in intellectual property law and litigation, mediation, and business, regulatory, and transactional matters. He’s a Life Fellow of the Baltimore City Bar Foundation, the Maryland Bar Foundation, and the American Bar Foundation.