Sen. John Cornyn, R-Texas, said Monday he will not support Todd Blanche's nomination to be attorney general unless there is a written modification to the settlement agreement between President Donald Trump and the IRS.
If Cornyn opposes Blanche, it would cause his nomination to be voted down in the Judiciary Committee, assuming Democrats remain united in opposition.
At the center of the dispute is a settlement Blanche negotiated while serving as deputy attorney general that included provisions shielding Trump and his family from IRS audits and creating a proposed $1.8 billion "anti-weaponization fund." Critics argue the fund could become a slush fund benefiting Trump's political allies.
Although Blanche has repeatedly insisted the fund is effectively dead after bipartisan criticism, Cornyn has argued that without changes to the settlement, it could theoretically be resurrected through future litigation.
Cornyn said the document must be signed by Blanche, though he hasn't stated whether he wants Trump to sign as well.
"We're talking about that. That hasn't been fully resolved yet," Cornyn told reporters.
"We're still talking. I mean, there's different ways to approach it."
Blanche previously told senators that the anti-weaponization fund "is dead," but declined to answer hypothetical questions about whether he would revive it if directed by Trump.
"It would be inappropriate for me to comment on hypothetical communications I may or may not have with the president," Blanche wrote in a letter to senators.
However, Blanche pledged to work with senators on legislation that would permanently eliminate the fund, answering "Yes" when asked whether he would help develop such language.
Cornyn said he wants Blanche to stick to his word and commit to ensuring the fund was dead.
"That's what we're trying to get them to agree to, which is again what his sworn testimony was," Cornyn said. "So I don't know why they're so reluctant to do that."
The Judiciary Committee is scheduled to vote on Blanche's nomination Thursday.