Blanche doesn't rule out considering payments for violent Jan. 6 rioters as he defends $1.8B fund

“What I will commit to is making sure that the commissioners are effectively doing their jobs, and that includes setting guidelines as you’re describing,” Blanche told Sen. Jeff Merkley, an Oregon Democrat. The decisions on payouts will be made a five-member commission appointed by the attorney general.

Appearing before Congress for the first time since taking the reins of the Justice Department last month, Blanche was peppered with questions about the fund announced on Monday to compensate those who believe they were mistreated by prior administrations' Justice Department. Blanche said the fund was “unusual” but not unprecedented, adding that those who benefit will not be limited to Republicans or to people who were investigated or prosecuted by the Biden administration. At one point, Blanche said President Joe Biden's son, Hunter — who faced gun and tax prosecutions under his father's administration — could also apply.

Blanche defends $1.8 billion fund

Tuesday’s hearing was meant to address the Trump administration’s budget request for the Justice Department but quickly delved into other controversies that have escalated concerns about the erosion of the law enforcement agency’s tradition of independence from the White House. Blanche defended the creation of the fund without any acknowledgment that the Trump administration has pursued investigations of Trump's political opponents, sparking criticism that the department is being weaponized in precisely the same way they allege it was under Biden's administration to prosecute Trump.

In the weeks since assuming control of the Justice Department after Pam Bondi's firing, Blanche has moved aggressively to advance the president’s priorities — pushing forward cases against Trump’s political foes, cracking down on leaks to media outlets and establishing the new fund to resolve Trump’s $10 billion lawsuit against the Internal Revenue Service over the leak of his tax returns.

Democrats described it as an illegal abuse of power designed to line the pockets of Trump supporters with taxpayer dollars. Sen. Chris Van Hollen, the top Democrat on the Senate appropriations subcommittee holding the hearing, blasted the move as a “pure theft of public funds.”

“Rewarding individuals who committed crimes is obscene,” the Maryland Democrat said. “Every American can see through this illegal, corrupt, self-dealing scheme.”

The fund is in keeping with Trump’s long-running claims that the Justice Department during the Biden administration was weaponized against him, even though then-President Biden himself was investigated during that time and his son was prosecuted. Merrick Garland, who served as attorney general during the Biden administration, has repeatedly denied allegations of politicization and has said his decisions followed facts, the evidence and the law.

Trump administration has been rewriting the history of Jan. 6

The mere possibility that violent rioters at the Capitol could be considered for payouts is consistent with a Trump administration pattern of rewriting the dark history of Jan. 6, a trend that began when the president pardoned and commuted the prison sentences of the participants in the melee and that continued with the Justice Department firing some prosecutors who put them behind bars.

Under questioning from Merkley, Blanche said that he “will definitely encourage the commission” responsible for deciding on the payouts to “take everything into account.” But when asked whether he believes those convicted of violence should be entitled to compensation, Blanche said: “My feelings don't matter.”

When Merkley suggested that Trump was using the Justice Department to target his political enemies, Blanche replied that this was precisely the sort of “disgusting” behavior of the Biden administration that the fund was meant to address.

“That is completely inappropriate and wrong,' Merkley said. “There is no comparison to the absolute fair minded pursuit of justice under the previous administration, and this administration’s pursuit of an enemies list.”

Questions over the meaning of ‘weaponization’

In announcing the fund Monday, the Trump administration did not name specific individuals who might stand to benefit from it. The money itself would come from the federal judgment fund, which pays out court judgments and compromise settlements of lawsuits against the government.

Blanche told lawmakers that the Justice Department is committed to “full transparency” in providing public information about beneficiaries of the new fund.

“It’s not limited to Republicans. It’s not limited to Democrats. It’s not limited to January 6th defendants. It’s limited only by the term weaponization,” Blanche said, though the administration has not said how it will define “weaponization.”

Meanwhile, there were signs of discomfort about the fund even among some Republican members of Congress. Senate Majority Leader John Thune told reporters that he’s “not a big fan,” adding that he isn’t sure how the administration intends to use it, but doesn't “see a purpose for that.”

Thune’s comments come after Louisiana Sen. Bill Cassidy, who lost reelection in a GOP primary on Saturday, called it a “slush fund.”

“We are a nation of laws,” Cassidy said. “You can’t just make up things.”

Associated Press reporter Mary Clare Jalonick in Washington contributed to this report.