Todd Blanche Owes the Judical Branch and his Profession an Apology

By Mark M. Bello

Last week, at the annual conference of the Federalist Society, Deputy Attorney General Todd Blanche made a series of remarks that should alarm every attorney and citizen committed to the rule of law.

Blanche told the assembled lawyers that they are engaged in “a war… against activist judges,” urging young attorneys to join the fight because “we will not win unless we keep on fighting.” He described certain federal judges as “repeat players” who are “more political, or certainly as political, as the most liberal governor or DA.” He further criticized bar associations—specifically the D.C. Bar—calling them “one of the most activist, obnoxious bars when it comes to going after conservative lawyers.” He pledged that the Department of Justice will “do everything we can” to take such “activist bars … out of the picture.”

These statements are deeply troubling on multiple levels and a disgrace to the profession.

Why?

1. They undermine the judiciary’s independence. Blanche frames the judiciary as an adversary—rather than a coequal branch of government entrusted with interpreting and upholding the law. He casts himself and his office as a combatant in a political war rather than the guardian of impartial justice he should be. That is contrary to the oath attorneys take to support the Constitution.
2. They erode the rule of law. The suggestion that judges who issue rulings contrary to the wishes of the executive branch are “rogue” or “activist” invites a chilling message that the executive branch is at war with the judicial branch and that judicial oversight cannot be impartial.. On the contrary, judicial oversight is inherently impartial and a necessary component of the checks and balances our system requires.
3. They attack bar associations and accountability mechanisms. By targeting bar associations that investigate lawyers in the DOJ, Blanche threatens those whose job it is to hold him and other DOJ lawyers accountable. This runs contrary to our profession’s ethics obligation to protect the public and maintain self-regulation..
4. They are a violation of Blanche’s oath. Todd Blanche holds the second-highest position in the Department of Justice. As such, he swore to uphold the Constitution and pledged to apply the law impartially. His comments betray his oath and obligation, as he portrayed himself as a partisan hack rather than a public servant.

What Should be Done

Blanche’s words and deeds represent a serious breach of professional ethics, and the bar should take it seriously. I recommend the following steps to maintain the integrity of the bar and public confidence in the profession:

1. Investigate under bar rules. The licensing authority in Blanche’s home state (and any jurisdiction where he holds bar membership should review whether his remarks violate professional conduct rules concerning respect for the courts and upholding the integrity of the profession. Many state bar codes include provisions requiring attorneys to treat courts with respect and to refrain from conduct that undermines confidence in the profession.
2. Referral to the Federal Bar. The relevant federal bar associations and the DOJ’s own ethics oversight unit should evaluate Blanche’s conduct for a determination of whether he deserves sanctions. He is a senior government lawyer, and the public trust demands accountability.
3. Issue a Public Apology. At the very least, Blanche and the DOJ must apologize. The message that a government lawyer has the right to vilify judicial oversight sets a dangerous precedent.
4. Reaffirm prosecutorial independence. The Department of Justice must publicly reaffirm its policies to ensure that government attorneys act independently of political motives and refrain from framing any investigation or prosecution as part of a political “war.” Otherwise, the appearance of bias and weaponization remains unaddressed.

Some final thoughts

As lawyers, we must insist that those who hold the highest offices in our profession do not subvert the institutions entrusted to check power. When a top attorney describes the courts as an “enemy” and bar associations as “obstacles,” the entire profession is diminished. The public’s trust in justice depends on impartial judges, accountable attorneys, and meaningful oversight—not on a one man’s deranged, perceived “war” on justice.

Bar associations, licensing boards, and the legal community in general should treat these remarks not as mere rhetoric, but as a clear breach of professional norms—and act accordingly.

Mark M. Bello is an attorney and author of 9 Zachary Blake Legal Thrillers and other legal themed novels and children’s books. For more information, please visit https://www.markmbello.com

Bob Gatty Author, Podcaster, Blogger

For many years, Bob Gatty worked as a writer, editor, and communications consultant, based on the Washington, DC area with a focus on government and politics. He began at The Pittsburgh Courier, an African American weekly, covering crime and the courts. His salary was $55 per week before moving on to two local Pennsylvania dailies. At age 24, he began reporting for United Press International covering state politics in Pennsylvania and then New Jersey, where he was UPI’s state capitol bureau in Trenton.

Tempted by the allure of Washington, DC and big-time politics, at age 29 Bob became press secretary and chief of staff for two Congressmen – first Republican Edwin B. Forsythe, and then Democrat James J. Florio, who later became governor of New Jersey and until his recent death was a frequent podcast guest and co-host of Bob’s NFN Radio News podcast (now called Lean to the Left).

After seven years on Capitol Hill, Bob opened a communications business in Washington, first providing political media consulting to candidates and then freelance Washington coverage for business and trade magazines, plus creative communications services for trade and professional associations, including social media. This work involved articles and analyses of key governmental developments affecting businesses, such as the food and Health industries, retailing, and the environment.

His work as a communications consultant to trade and professional associations included launching and editing association publications, providing website content and social media assistance, and covering conferences and conventions.

Bob retired from G-Net Strategic Communications in 2016 and moved to Myrtle Beach, SC, where he launched his blog site, first called Not Fake News, now known as Lean to the Left.

Hijacked Nation
In August, 2020, Bob and co-author Chris Waldron, one of Lean to the Left's most loyal and prolific contributor, published "Hijacked Nation-Donald Trump's Attack on America's Greatness," a two-volume compilation of blogs regarding Trump's presidency and the consequences for our nation. A followup volume was published by Luna Global Media in September 2024. It is available at https://amzn.to/4ePrTF7 .

In all three volumes, blogs from Not Fake News and Lean to the Left create a virtual play-by-play of key actions of the Trump administration and Congress. For more information, please visit https://leantotheleft.net/books/, and visit Bob's Author's Page on Amazon, https://www.amazon.com/stores/Bob-Gatty/author/B08C7HWXZ5?ref=ap_rdr&isDramIntegrated=true&shoppingPortalEnabled=true&ccs_id=4e603563-7251-4074-b54d-40800c4ce40a.

The Lean to the Left Podcast
The Lean to the Left podcast provides commentary and interviews with newsmakers and others with interesting stories to tell. Video and audio podcasts stream twice weekly on major channels. More info at https://podcast.leantotheleft.net.

The Lean to the Left YouTube Channel
You'll find all of the audio tracks for the Lean to the Left Podcast here plus original videos, including complete video versions of each podcast.
https://www.youtube.com/@LeantotheLeft.