Acting Attorney General Todd Blanche appears on NBC News to discuss the legal framework for the Iran conflict and push back against the media’s defense of James Comey.

[Transcript] – KRISTEN WELKER: And joining me now is acting Attorney General Todd Blanche. Mr. Blanche, welcome back to Meet the Press.

ACTING ATTORNEY GENERAL TODD BLANCHE: Good morning.

KRISTEN WELKER: Good morning. Thank you for being here in person.

ACTING ATTORNEY GENERAL TODD BLANCHE: Of course.

KRISTEN WELKER: We really appreciate it. Let’s start right there with the war. As you know, the War Powers Act requires Congress to authorize military action beyond 60 days, which the U.S. passed on Friday. The president did send a letter to Congress, just to recap, saying that hostilities have been terminated, given the ceasefire that was put in place on April 7th. And yet, the U.S. is actively engaged in a naval blockade of Iranian ports as part of this conflict. Is the United States at war with Iran?

ACTING ATTORNEY GENERAL TODD BLANCHE: No. I mean, what President Trump said this weekend is absolutely true. My job as the acting attorney general is to make sure that the president, that we all are doing the right thing legally. And we absolutely are. As we said to Congress last week, there has been nothing going on, no hostilities, no exchange of fire since – in almost a month, in almost a month. And how do you end a conflict? How do you end this? You have a ceasefire. And that’s exactly what we have, and Congress knows that and the leadership knows that. And there’s a lot of drama. I’m sure that Senator Schiff will come on here and say something different. This has been done repeatedly for many, many years, with many, many presidents. And there’s nothing inconsistent about what we’re doing and what’s been done in the past.

KRISTEN WELKER:

Well, you say that you’re not actively at war. Here is what President Trump had to say on Friday. I want to play it for you, get your reaction on the other side.

[BEGIN TAPE]

PRES. DONALD TRUMP:

But they don’t like the word war. And they call it a “military operation,” because that way, you don’t have a war, you don’t have legal problems.

[END TAPE]

KRISTEN WELKER:

Is the president effectively arguing that he can avoid congressional approval by avoiding using the word “war?”

ACTING ATTORNEY GENERAL TODD BLANCHE:

He’s not effectively arguing anything except that he is trying to keep this country safe. We have kept Congress updated at every step of the way, consistent with what other presidents have done. President Trump is doing something that the past five presidents did not do. They promised to do it, they promised, “Oh, we’ll stop Iran.” “Oh, Iran can never have a nuclear weapon.” President Trump is doing what others have promised but failed to do. And as far as what we’re doing with Congress, keeping them updated, we are doing so.

KRISTEN WELKER:

As you know, Democrats and even some Republicans say that the ceasefire’s not enough to override this 60-day benchmark. Republican Senator Susan Collins posted, quote, “The President’s authority as Commander-in-Chief is not without limits. That deadline is not a suggestion; it is a requirement.” Are there any legal limits on the president’s powers to carry out the war with Iran?

ACTING ATTORNEY GENERAL TODD BLANCHE:

We – suggesting that President Trump or this administration or the Department of War is violating the law is just completely wrong. It’s not appropriate to say that. We are not – we are complying with the law. I can tell you that as the acting attorney general. We are doing exactly what we’re supposed to do legally and President Trump will continue to do that.

KRISTEN WELKER:

But are there any, to this point, do you see any limits on how he has to carry out this war?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Of course. Yes, of course there’s limits to what President Trump can do and he’s never said there aren’t limits. He’s acting within his duty to the American people to keep us safe. What – he’s not engaged in a popularity contest when it comes to what we’re doing in Iran. He is doing something that will save us for generations. And so he is doing something, again, that every president since Reagan has said that we should do and he’s the only one willing to do it.

KRISTEN WELKER:

The President Trump said that the War Powers Act is unconstitutional. Do you agree with that?

ACTING ATTORNEY GENERAL TODD BLANCHE:

We – I’m not talking about the constitutionality of the War Powers Act as it doesn’t do anything. I will tell you that the Department of Justice advises the president, advises the Department of War, and we are acting completely within the law with what we’re doing.

KRISTEN WELKER:

All right. Let’s move on to former FBI Director James Comey. A grand jury has indicted the former FBI director. For this Instagram post, I want to put it up, I think a lot of folks have seen it at this point, “86 47” in seashells, which the indictment says, quote, “A reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.” How does that image of seashells amount to a serious threat against the president’s life?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Well, every case requires an investigation. And what you just showed is one part of that investigation. What you just showed is the Instagram post. Rest assured that the career assistant United States attorneys in North Carolina, the career FBI agents, the career secret service agents that investigated this case didn’t just look at the Instagram post and walk away. That’s why you saw an indictment last week, notwithstanding the fact that it was last May that the post was made. So I am not permitted to get into the details of what the grand jury heard or found, as you know. But rest assured that it’s not just the Instagram post that leads somebody to get indicted.

KRISTEN WELKER:

Well, part of what the government would have to prove is intent. James Comey deleted the post the same day. And he wrote, quote, “I didn’t realize some folks associate those numbers with violence. It never occurred to me. But I oppose violence of any kind so I took the post down.” How do you prove intent, Mr. Blanche, when Mr. Comey himself said he didn’t understand that some people would look at that and think about violence?

ACTING ATTORNEY GENERAL TODD BLANCHE:

You prove intent like you always prove intent. You prove intent with witnesses, you prove intent with documents, with materials. So again, this is not just about a single Instagram post. This is about a body of evidence that the grand jury collected over the series of about 11 months. That evidence was presented to the grand jury. And it’s not the government. It’s not the Department of Justice. It’s not Todd Blanche that returned an indictment against James Comey. It’s the grand jury, part of the judicial process, and that this process has to be allowed to play out in the courts. It’s not fair to Mr. Comey, it’s certainly not fair to the prosecutors for us to be airing your view or my view of this indictment. It’s something that will be presented in court at the time set by the judge.

KRISTEN WELKER:

Let’s dive a little deeper. Conservative legal scholar Jonathan Turley said, quote, “This indictment is facially unconstitutional, absent some unknown new facts.” Are there, are you in fact, saying that there are facts beyond this Instagram post that clearly establish an intent to threaten the president’s life?

ACTING ATTORNEY GENERAL TODD BLANCHE:

I’ve said repeatedly this was an investigation that lasted 11 months. If the only facts that existed was the posting of the Instagram, obviously that wouldn’t have taken 11 months. And so when Mr. Turley talks about whether it’s facially unconstitutional absent unknown facts or circumstances, we will necessarily have to prove beyond a reasonable doubt, at trial, every element of this crime, which we’re prepared to do.

KRISTEN WELKER:

Can you and will you let the public know what any of those other facts are?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Absolutely. It’s called a trial. That’s what happens with every single case. We indict thousands of cases every year. Every one of those cases, there’s an indictment and then eventually there is a trial or some sort of disposition. At the trial, a public trial, that will be open to the public. Everybody in this country will know exactly what evidence the government has against Mr. Comey.

KRISTEN WELKER:

I know you can’t give me specifics, but can you give me any insight? Are you talking about writings, are you talking about conversations? What does this other evidence consist of?

ACTING ATTORNEY GENERAL TODD BLANCHE:

We are talking about evidence of all sorts. And that means documents, that means witnesses and that means, that means the whole array of what we did. And again, we are not talking about some political guy in D.C. running out and getting an indictment. We are talking about career prosecutors in North Carolina systematically investigating a case with the FBI working with them, with the secret service working with them. And now we have an indictment.

KRISTEN WELKER:

Well, the image, excuse me, is part of what led to this indictment.

ACTING ATTORNEY GENERAL TODD BLANCHE:

Yes.

KRISTEN WELKER:

It is worth noting that on Amazon.com, we looked this up, there are dozens of products with the same terminology, we’re showing it right here, “86 47” being sold and purchased right now. Should individuals selling or buying “86 47” merchandise be concerned that they’re going to be prosecuted by the DOJ?

ACTING ATTORNEY GENERAL TODD BLANCHE:

This isn’t – this isn’t about a single incident, okay? I mean, of course not. That’s posted constantly. That phrase is used constantly. There are constantly men and women who choose to make threatening statements against President Trump. Every one of those statements do not result in indictments, of course. There are facts, there are circumstances, there are investigations that have to take place. And we have charged dozens and dozens of men and women this year with threatening President Trump and others. So this isn’t a new charge we’re bringing.

KRISTEN WELKER:

Just to be very clear, you are suggesting the seashells themselves are not at the root of this indictment?

ACTING ATTORNEY GENERAL TODD BLANCHE:

No, I am suggesting that every single case depends on the investigation that’s done. And of course, the seashells are part of that case. I mean, that’s what the public sees. But without a doubt, and it should be evident by the fact that it’s been 11 months since the posting and the indictment, there is an investigation that takes place. And that’s the result. The result of that investigation is the indictment that was returned last week.

KRISTEN WELKER:

Let’s talk big picture. Back on September 20th, President Trump publicly posted a private message to then Attorney General Pam Bondi pressuring her to prosecute Senator Adam Schiff, James Comey and Letitia James, writing, quote, “They’re all guilty as hell. But nothing is going to be done. They impeached me twice, they indicted me five times over nothing. Justice must be served now.” Why should the public believe that any case brought against the individuals listed there is an independent law enforcement decision and not retribution?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Well, because you have investigations and you have indictments and you have the result. I mean, listen, if years later you’re judged by a simple note from President Trump. By the way, that wasn’t a private message. That was a message delivered to the entire world.

KRISTEN WELKER:

Right.

ACTING ATTORNEY GENERAL TODD BLANCHE:

And so this is not being done behind closed doors.

KRISTEN WELKER:

But it was meant to be private initially based on my conversations.

ACTING ATTORNEY GENERAL TODD BLANCHE:

How do you know it was meant to be private?

KRISTEN WELKER:

Based on my conversations, it was meant to be —

ACTING ATTORNEY GENERAL TODD BLANCHE:

Well, I’m not aware of those conversations —

KRISTEN WELKER:

With top administration officials, it was meant to be private —

ACTING ATTORNEY GENERAL TODD BLANCHE:

But President Trump —

KRISTEN WELKER:

— and posted by mistake.

ACTING ATTORNEY GENERAL TODD BLANCHE:

President Trump is very clear with the American people what he expects as president of the United States. That is not something he hides from the American people. He wants justice, he wants full investigations where appropriate. And by the way, that’s a good thing. That’s not a bad thing. Everybody in this country should want that. And so no, I don’t operate based upon concern or fear. The American people will know exactly what we’re doing and why we’re doing it.

KRISTEN WELKER:

And yet, Mr. Acting Attorney General, the Justice Department has already indicted former FBI Director James Comey, as you know, and New York Attorney General Letitia James. And a federal judge dismissed both of those cases. Why should people have confidence that this case will actually move forward and is rooted in fact?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Well, let’s be accurate, okay? The judge dismissed those cases not based on a factual finding that President Trump did something wrong or that there was something wrong with the underlying facts leading to that indictment. The federal judge dismissed that case because he found that the U.S. attorney was not properly appointed. That’s not a – there was no final finding on the facts or anything like that. So look, those cases are on appeal. We will see what happens. But again, you’re comparing apples to oranges when you say, “Just because that indictment was dismissed, there’s something wrong with the underlying investigation.”

KRISTEN WELKER:

Well, again, he did directly push to have those people indicted. Charges were brought. And then they were dropped. Does that not undercut, potentially, the trust that people have in the Justice Department?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Absolutely not. And by the way, do you think, or do the American people think that nothing was done on those cases until President Trump posted that truth in September? No, these are ongoing investigations. Investigations take time, investigations take effort. And so no, I don’t – I am not concerned. What we do, what we do at the Department of Justice, the American people can judge us. And they will. And I’m ready to be judged because we’re doing the right thing. We’re restoring justice, which nobody saw for four years. There weren’t guests on your show for four years during the last administration being overly critical of what the Department of Justice was doing, and that was a problem, and we fixed it.

KRISTEN WELKER:

I want to turn now to the shooting at the White House Correspondent’s Dinner. Since we last spoke, it has been deemed an assassination attempt against President Trump. We are all so thankful he is okay and everyone at that dinner, including yourself is okay. His lawyers say that the suspect in this case is now on a suicide watch. Are there any new updates you can share on the investigation or new charges that the suspect might be facing?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Well, look. The investigation is ongoing. And it happened just over a week ago. And I expect that the U.S. Attorney Pirro, that she and her team are continuing to work on understanding why this man allegedly did what he did. Any other information that they can learn from the devices and from the search warrants that were executed. I don’t have an update to provide you beyond the fact that we are working hard. I expect in the next week or so, there will be more information coming out. Obviously, assuming the investigation moves forward, there will be an indictment forthcoming and all that is typical of what happens.

KRISTEN WELKER:

You say more information, more charges potentially too?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Potentially. I mean, look, I think that’s what happens, right? There’s initial charges and there’s an investigation and to the extent that the government learns more things, I assure you they will become charges.

KRISTEN WELKER:

All right. Let’s turn to the Supreme Court’s decision to remove a major pillar of the Voting Rights Act which protected minority voters. In his majority decision, Justice Alito argued this, quote, “The nation had made,” quote, “great strides in ending entrenched racial discrimination.” Do you believe that minority voters are represented equally in this country?

ACTING ATTORNEY GENERAL TODD BLANCHE:

Yes. There is no doubt that the Supreme Court got this decision right. It’s the position of the Department of Justice, it’s the position of this administration. We argued the case. And so yes, there is also no doubt that the existing system was not consistent with our Constitution. And that’s what the Supreme Court found and there’s going to be a lot of criticism I expect even in the coming moments on this show about that decision. But the reality is what people cannot say is that the provision that was struck down by the Supreme Court is consistent with our Constitution. And that’s the Supreme Court’s job is to interpret the Constitution.

KRISTEN WELKER:

But voters see this country differently. According to the latest Gallup poll, 83% of Black Americans and 61% of white Americans believe that racism is widespread. Does that challenge the idea that there is racial equality?

ACTING ATTORNEY GENERAL TODD BLANCHE:

The Supreme Court doesn’t make decisions based upon a Gallup poll. The Supreme Court is not allowed to make decisions because there’s some poll that says some percentage of Americans feel one way or another. They interpret the Constitution and keeping our elections fair, keeping our elections exactly what they’re supposed to be, consistent with the Constitution, is what President Trump has been fighting for for ten years. And so this was a great win for the American people.

KRISTEN WELKER:

But the root of the Voting Rights Act was to make sure that people were treated equally, that they had equal rights when it came to voting and representation. Does it not weaken that ultimate goal?

ACTING ATTORNEY GENERAL TODD BLANCHE:

It – the fact that we’re talking about this when Democrats in Congress, for example, refuse to support basic structures to guarantee free and fair elections is laughable. I mean, the fact that we are talking about this decision from the Supreme Court, which is just a constitutional decision, when what we should be talking about is that there’s a lot of things that we can be doing, like voter ID. Like every time you walk into a restaurant or a club, you have to show your ID, how about you have to show your ID to vote? That’s not – that’s not anything that’s crazy. And that’s what we should be talking about.

KRISTEN WELKER:

Certainly one of the votes on Capitol Hill right now. Quickly before I let you go, the position of attorney general remains open. You still have an “acting” in front of your title. Are you hoping to drop that “acting” title and become the attorney general?

ACTING ATTORNEY GENERAL TODD BLANCHE:

I am happy to do my job. No matter – President Trump can ask me to do whatever he chooses and I’ll be happy to do my job. We, the Department of Justice, all of our employees are working hard every day to restore justice, and we will continue to do that. I love my job no matter what it is.

KRISTEN WELKER:

All right. Acting Attorney General Todd Blanche –

ACTING ATTORNEY GENERAL TODD BLANCHE:

Thank you.

[End Transcript]