Tag Archives: Blanche

Goodbye and Good Riddance to Pardon Attorney… But Nothing’s Likely to Change – Update for August 24, 2026

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

PARDON ATTORNEY ED MARTIN RESIGNS

US Pardon Attorney Ed Martin, a staunch ally of President Donald Trump who clashed with other officials and senators over his undisciplined handling of investigations, is leaving his post, President Trump said in a social media post last Friday.

“The departure caps Martin’s short, contentious career at the Justice Department, where he served as the interim US attorney for DC. and, most recently, as the department’s top pardon attorney,” the Washington Post reported on Saturday, helping to determine who should receive pardons from the president.

Martin, who represented several January 6th rioters before Trump’s second term, was originally appointed by Trump to serve as US Attorney for the District of Columbia, one of the highest-profile US Attorney positions in the government.

But Trump withdrew the nomination after Martin’s performance as interim US Attorney was so contentious that he lacked enough support even in a Republican-led Senate to win confirmation.

 Trump then named Martin to the dual position of head of the DOJ’s so-called Weaponization Working Group and US Pardon Attorney. He replaced Pardon Attorney Elizabeth Oyer, who was fired because she refused to support restoration of gun rights to actor Mel Gibson, disqualified under 18 USC 922(g)(9) as a result of a 2011 domestic violence misdemeanor conviction.

But Martin was too much even for the Trump-selected DOJ top bosses, who were “put off by Martin’s aggressive and unorthodox style,” according to the Post. Last February, Martin was fired from his Weaponization Work Group role and stripped of most of his DOJ responsibilities. He was exiled to the Northeast Washington Pardon Office, some distance from Justice Department headquarters.

At the time, rumors suggested he would resign as Pardon Attorney within a few weeks, but it took six months instead.

Under Martin, Trump pardoned a number of people who donated to his campaign or affiliated entities, were allies, or otherwise had been convicted of offenses that Trump saw as innocuous (such as tampering with diesel engine emissions). At the same time, predictions of widespread general commutations – such as the rumored 250 pardons on the nation’s 250th birthday – never materialized.

A report issued last Friday by Rep Jamie Raskin (D-MD), the top Democrat on the House Judiciary Committee, accused Trump of running a “sprawling pay-to-play clemency industry that has emerged around [the] White House.” The report alleges that Trump has sidelined the traditional DOJ Office of Pardon Attorney process and replaced it with a “pay-to-play” system in which wealthy applicants use political contributions, Trump family business ties, and well-connected Trump insiders to obtain presidential pardons and commutations.

Raskin said:

Donald Trump has taken one of the most solemn constitutional powers of the presidency and turned it into a bustling marketplace for insider political influence and unjust personal enrichment. ‘Pardons, Inc.’ has a simple business model: wealthy white-collar criminals and drug traffickers hire Trump insiders, pour money into his political operation or cultivate his family’s financial interests, and suddenly the doors of the White House swing open for a pardon, commutation, and forgiveness of all fines and financial restitution owed. Meanwhile, thousands of imprisoned Americans without elite MAGA connections who show genuine contrition, have paid restitution to their victims and are seeking mercy sit endlessly in limbo.

Goodbye, Ed. We baked you a cake...

Not that this is surprising. Martin has always described his philosophy as ‘No MAGA left behind’ and has used his office to privilege clemency applications from the Oath Keepers, the Proud Boys, and the two men convicted of plotting to kidnap Michigan Governor Gretchen Whitmer,” the report stated.

The OPA traditionally has been opaque, painfully slow, and very conservative in recommending prisoners for clemency. But at least it was honest. Don’t expect any replacement Pardon Attorney for Ed Martin to return the office to a meaningful or forthright role in the pardon or commutation process.

Washington Post, Ed Martin leaving Justice Dept. after tumultuous tenure that alienated colleagues (August 21, 2026)

The Hill, Controversial attorney Ed Martin leaving Justice Department (August 21, 2026)

House Judiciary Committee Democrats, Pardons, Inc.: How Trump and His Clemency-for-Cash Racket Let White-Collar Criminals and International Drug Dealers Walk Free and Dodge Billions in Restitution Owed to Their Victims (August 21, 2026)

~ Thomas L. Root

DOJ Continues To Circle the Drain – Update for July 23, 2026

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

TOUGH TIMES FOR PROSECUTORS

The Dept of Justice is now requiring all Criminal Division Assistant U.S. Attorneys to maintain at least 25 open cases, “tightening the Trump administration’s grip on operational decisions previously left to US attorneys,” according to Bloomberg Law.

Deputy Attorney General Todd Blanche’s office communicated the informal “25 open matters” threshold to all 93 U.S. attorneys in recent weeks, with an emphasis on driving up public safety and fraud statistics, four people familiar with the new policy told Bloomberg Law. A formal policy change is still under development, they said.

The new policy comes as DOJ brass try to dispel criticism over personnel departures by purporting to show that the Department is doing more with less.

DOJ has hemorrhaged thousands of veteran attorneys since Trump returned to office due to the President’s revenge campaigns, immigration crackdown, and increasingly overwhelming workloads, Daily Beast reported last week.

The government has lowered hiring standards and offered signing bonuses, despite historically being deluged with applications from lawyers who were happy to take a pay cut in exchange for the prestige of DOJ service.

“A one-size-fits-all policy is unworkable,” said Mark Yancey, a former senior official in the DOJ’s Executive Office for US Attorneys. “These things need to be worked at the district level by the US attorney.”

The quota runs the risk of prosecutors feeling pressured to bring cases with insufficient evidence just to hit their targets, Yancey told Bloomberg Law.

Last week, Blanche appeared before the Senate Judiciary Committee for a hearing on his nomination to be the next Attorney General.  In the runup to the hearing, a letter signed by 2,649 lawyers and legal professionals was delivered to the Senate urging rejection of Blanche as AG.

“No one in the history of the Justice Department has moved directly from representing a president in criminal proceedings to running the institution that prosecuted those cases,” said Traci Feit Love, Executive Director of Lawyers for Good Government. “Todd Blanche isn’t America’s Attorney General. He is Donald Trump’s personal fixer with a federal badge. The Senate has a constitutional obligation to say no.”

During his confirmation hearing, Blanche was braced by Sen. Cory Booker (D-NJ) over BOP’s decision to place Ghislaine Maxwell (convicted of helping Jeffrey Epstrein commit sex and trafficking offenses) in a camp, a move some have alleged was in exchange for her testifying that President Trump committed no sex offenses with Epstein. Blanche told Booker that Maxwell was “receiving threats,” which merited the transfer.

Booker argued that under BOP policies, an inmate who receives threats is moved to solitary confinement, not to a minimum-security prison camp.

Blanche countered: “That’s not always true,” but Booker rejected that claim. “What is true is that someone who is accused of child sex trafficking under the Bureau of Prisons’ own policies is not put in a facility like this that seems clearly like a reward,” he said.

What the exchange failed to note that a May 2026 change in BOP designation policy I reported on last month grants the Attorney General the right to make any designation decision he or she pleases regardless of BOP policy. The unheralded change in designation policy that has been in place for 135 years provides ex post facto authority for the  Maxwell placement in a camp, as well as a tool that can be abused in years to come to benefit the Administration’s friends and punish its foes.

Questions over Blanche’s role in the DOJ “anti-weaponization” fund and in handling the Epstein files have left at least two Republican senators on the Judiciary Committee undecided. If just one votes ‘no,’ that could block the acting attorney general’s nomination from moving forward. A vote is likely later this month.

US Law Week, DOJ Sets Case Quotas for Line Prosecutors in Push to Boost Stats (July 13, 2026)

Daily Beast, Trump Justice Department Scrambles as Lawyers Flee in Droves (July 14, 2026)

Letter to Senators Grassley and Durbin, Senate Judiciary Committee (July 10, 2026)

The Hill, Booker: ‘Absurdity’ for Blanche to be concerned about Maxwell safety (July 16, 2026)

Christian Science Monitor, Blanche’s nomination for attorney general uncertain after hearing (July 17, 2026)

~ Thomas L. Root