DOJ Legal Office Says Trump's Outside Advisers Can Be Shielded by Executive Privilege
The memo says executive privilege can cover confidential talks with outside advisers and their contacts with private citizens, expanding Trump’s shield from subpoenas.
- On Monday, the Justice Department's Office of Legal Counsel issued a memo asserting executive privilege extends to presidential communications with "private advisers" outside the federal government if discussions relate to official decisionmaking.
- President Donald Trump frequently consults a "kitchen cabinet" of outside advisers, and the administration seeks to shield these confidential consultations from congressional subpoenas and public scrutiny.
- The DOJ moved to quash a subpoena for Trump's personal attorney Boris Epshteyn, arguing he "provided the President with privileged and confidential advice" in connection with executive orders targeting law firms.
- Punchbowl News founder Jake Sharman warned Tuesday the opinion carries "big implications" for Democrats if they regain House control in November, potentially blocking investigations into Trump-linked businesses.
- University of Kentucky law professor Jonathan Shaub doubts courts will accept such "broad, sweeping claims," though the memo currently guides executive branch policy despite remaining non-binding.
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80 Articles
'Insulate the President': Democrats Blast Trump's Move to Shield Outside Advisers From Congressional Subpoenas
For most of the modern presidency, the shield of executive privilege stopped at the edge of the government payroll. A Justice Department opinion released this week argues it should reach further, to the private lawyers and outside advisers the president consults beyond it. The memo, issued by the department's Office of Legal Counsel on Monday evening, concludes that Donald Trump may extend executive privilege over his communications with adviser…
The new opinion could hinder future congressional investigations into the president's private communications
President Trump's Outside Advisers Could Be Shielded From Investigations Under New DOJ Opinion
House Democrats are reportedly preparing investigations should they regain the majority, including potential subpoenas targeting contractors connected to Trump's administration, family and political orbit
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