Will Trump's former defense attorney defend the Justice Department against Trump?

WASHINGTON — When Matt Gaetz abruptly pulled out as President-elect Donald Trump’s nominee for attorney general on Thursday, many career attorneys at the Justice Department felt a sense of relief.

However, their hope was short-lived. Hours later, Trump nominated Pam Bondi, the former Attorney General of Florida and a staunch loyalist. Bondi had previously supported Trump’s false claims about the 2020 election, accusing "horrible" people within the department of attempting to make names for themselves by "going after Donald Trump and weaponizing our legal system."

Now, Justice Department officials are looking to Trump’s choice for the critical No. 2 position — Todd Blanche, Trump’s defense lawyer — to help shield the department’s career civil servants from Trump’s attacks.

Those familiar with Blanche’s background point to his experience as a federal prosecutor in the Southern District of New York, where he gained a deep understanding of the department’s tradition of keeping criminal investigations free from political interference.

Some DOJ officials hope that Blanche, if confirmed as deputy attorney general, will be able to protect the department from the worst-case scenario: Trump using federal law enforcement to target his political adversaries.

“He’s the kind of person I would expect in that role. Smart, experienced as a federal prosecutor, and not involved in any scandals like Gaetz,” said a Justice Department insider, referring to the allegations that Gaetz paid a 17-year-old for sex, which he has denied. "You know, little things like that."

Close Ties with Trump

Todd Blanche has long been a close ally of Donald Trump, having served as his lead criminal defense lawyer in the Stormy Daniels hush money case brought by Manhattan District Attorney Alvin Bragg. Trump was convicted on 34 felony counts of falsifying business records, becoming the first former president ever convicted of a crime.

Blanche, who was a registered Democrat until recently, left the law firm Cadwalader, Wickersham & Taft in early 2023 to represent Trump in this high-profile case. Trump’s sentencing has been postponed multiple times, and it remains uncertain whether it will proceed now that he’s the president-elect.

Karoline Leavitt, spokesperson for the Trump-Vance transition team, expressed praise for Blanche, asserting that Trump’s re-election was a mandate to “change the status quo in Washington.” She highlighted Blanche’s qualifications, calling him a “brilliant and highly-respected leader” chosen to serve in the administration.

Leavitt did not respond to NBC News’ inquiries about whether the administration would uphold the longstanding policy limiting White House interactions with DOJ officials, nor whether Blanche would adhere to the ethics guidelines recommended by career DOJ staff.

Concerns Over Close Relationship

Some current and former DOJ officials have raised concerns over Blanche’s close ties to Trump, fearing he may not be independent enough to stand up to the former president, who has a history of disregarding post-Watergate restrictions that prevent political interference in Justice Department matters. These restrictions are meant to prevent presidents from using federal law enforcement as a tool to target their political opponents.

“He’s the president’s personal criminal defense attorney. That’s what his job will be,” said one law enforcement official. “He’s there to protect the president, not the American people.”

Mixed Reactions Within the DOJ

Despite these concerns, some Justice Department employees remain cautiously optimistic about Blanche’s potential. One official described him as “the closest thing to ‘Team Normal’ that we’ll see” in the Trump administration, suggesting that, while his ties to Trump are undeniable, he might still act with some level of professionalism and moderation. Another DOJ official expressed relief that Blanche is a legitimate lawyer with DOJ experience, though they admitted that this optimism stemmed from low expectations given Trump’s previous picks.

Mimi Rocah, the district attorney for Westchester County, New York, and a former colleague of Blanche, expressed confidence that he understands the DOJ’s mission. She emphasized that Blanche is committed to doing things “the right way, for the right reasons,” and hoped he would continue to uphold those principles in his new role.

A former colleague of Blanche’s described him as a smart and thorough attorney who understands the DOJ’s independent role. They speculated that while Blanche shares a close rapport with Trump, he would be less likely to carry out illegal orders than other individuals associated with the former president.

Michael Bromwich, a former Justice Department inspector general, acknowledged the enormous challenges Blanche would face, noting that his previous role as Trump’s criminal defense attorney would complicate his new duties. “It’s ethically problematic for Blanche,” Bromwich said. He added that Trump likely chose Blanche because of their established relationship, trusting that Blanche would do what he wanted.

“This is going to be an extraordinarily challenging job for Blanche,” Bromwich continued. “The culture he was trained in as a U.S. attorney is the opposite of how Trump views the criminal justice system. Trump wants it to serve his interests, reward his friends, and punish his enemies.”

How Trump’s First Deputy Attorney General Fared

When Donald Trump took office in 2017, he didn’t have a close relationship with his deputy attorney general, and their dynamic quickly became both crucial and tumultuous.

Rod Rosenstein, a career federal prosecutor known for his nonpartisan reputation, played a pivotal role when he appointed FBI Director Robert Mueller as special counsel. This decision came after Trump fired FBI Director James Comey and Attorney General Jeff Sessions recused himself from overseeing the FBI’s investigation into Russian interference in the 2016 election. Rosenstein's move infuriated Trump, who repeatedly criticized both Sessions and Rosenstein. Over the following two years, Rosenstein staunchly defended Mueller and ensured his investigation into Russian interference was carried out without political interference.

Mueller’s investigation ultimately revealed that Trump and his campaign had welcomed assistance from Moscow during the 2016 election, but there was insufficient evidence to charge them with coordinating with Russia. Mueller also did not reach a conclusion regarding whether Trump had obstructed justice. Rosenstein resigned from the DOJ in 2019.

Reflecting on the challenges of working with Trump, Rosenstein told NBC News this week that Blanche would likely face similar pressures. He recounted how Trump would often call him directly during his time as deputy attorney general to make requests, some of which were fulfilled, while others were not.

“There’s nothing wrong with that kind of relationship,” Rosenstein said. “The president obviously seems to want to appoint people who have been unfailingly loyal to him. That’s legal, but the risk is if you prioritize loyalty over competence, you might not accomplish what you set out to do.”

Rosenstein emphasized that the deputy attorney general’s primary duty is to protect the integrity of criminal investigations, preventing the president or White House officials from improperly influencing them. He explained that the No. 2 official in the DOJ must ensure that investigations are carried out in a nonpartisan manner and that, sometimes, saying "no" to the president is necessary to uphold that standard.

“It’s not hypothetical,” Rosenstein said. “It’s real under Trump.”

While the Supreme Court’s conservative majority granted the president "absolute immunity" regarding his interactions with the attorney general, including ordering specific criminal investigations, this immunity does not extend to DOJ officials like the deputy attorney general. Rosenstein cautioned that while it may not be illegal for the president to request specific prosecutions, it would be illegal for DOJ officials to comply with such requests if they were inappropriate.

“There are some things the president may want that you can’t do. You just have to tell him 'no,’” Rosenstein added.

The deputy attorney general must also possess strong management skills and a balanced temperament to navigate the DOJ. Rosenstein noted that managing the department requires legal expertise and an understanding of litigation, not partisan politics.

“You don’t come in and say, ‘Hey, we need to fire all the Democrats and hire all Republicans,’” Rosenstein explained. “You need lawyers who know how to litigate and handle cases properly.”

Blanche will also face intense public scrutiny, especially in today’s media landscape, which Rosenstein noted is vastly different from when he first joined the DOJ in 1990, when career officials had far less national attention. If Blanche challenges Trump behind the scenes, he could also find himself targeted on social media by the president, as Trump has done to his past appointees.

Michael Bromwich, former DOJ inspector general, predicted that Blanche will face an "impossible" task balancing the orders from the president with what he knows is right.

“I think it will be enormously difficult for Blanche to balance the orders he gets from the president with what he knows is the right thing to do,” Bromwich said. “If I were him, I would have stayed as far away from the Justice Department as I could. I don’t think it will end well for him.”

This article was originally published on NBCNews.com.