1. United States
2. Ohio
3. Letter

As your constituent, I am writing to every member of Congress—and especially to those concluding their service in January—regarding a false constitutional claim made by the Attorney General on national television. On Nov. 8, CNN's Dana Bash asked Attorney General Todd Blanche whether it is his job to represent administration officials investigated by Congress. Blanche replied, "The Constitution sees it as my job," told Rep. Robert Garcia to "read the Constitution," and pledged that DOJ would represent Stephen Miller and Defense Secretary Pete Hegseth—even in impeachment proceedings. The Constitution does not mention the Attorney General or the Justice Department; Congress created both by statute in 1789 and 1870. The actual authority governing employee representation is a federal regulation, 28 C.F.R. § 50.15. Under § 50.15, DOJ representation is discretionary and conditional—not a constitutional mandate. It applies only when conduct falls within the scope of employment and serves the interest of the United States, and it is barred when a conflict exists or the official is a federal criminal target. This Congress has already scrutinized Blanche's independence. Confirmed 50–49 on Aug. 8, he drew a "no" vote from Sen. Collins over eroding department independence, while departing Sens. Cornyn and Tillis held up his committee vote until receiving written assurances reining in DOJ funds. Members who demanded guardrails then must enforce them now.  Before the Dec. 11 funding deadline, I urge you to: - Write to Attorney General Blanche demanding disclosure of any § 50.15 determinations made for Stephen Miller, Pete Hegseth, or other officials. - Ask the Office of Legal Counsel to publish its legal basis for claiming the Constitution mandates DOJ representation in congressional or impeachment proceedings. - Insert language in year-end appropriations requiring DOJ to notify committees of jurisdiction within 10 days whenever it represents an official before Congress. - Question the Attorney General under oath at the next oversight hearing. Every member took an oath to the Constitution, not to the Attorney General's misreading of it. History will record who acted.