Trump's DOJ hands the president new shield against future House investigations

A new DOJ opinion extended executive privilege to private advisers, raising questions about future congressional investigations into President Trump
The DOJ issued an opinion stating that executive privilege extended to President Donald Trump's confidential communications with private advisers in certain official matters (Win McNamee/Getty Images)
The DOJ issued an opinion stating that executive privilege extended to President Donald Trump's confidential communications with private advisers in certain official matters (Win McNamee/Getty Images)

WASHINGTON, DC: The Justice Department has issued a legal opinion stating that executive privilege may extend to President Donald Trump's confidential communications with private advisers under certain circumstances.

The opinion, issued by the Department of Justice's Office of Legal Counsel on Monday, August 10, states that executive privilege may apply when communications relate to official presidential decision-making, involve the president or his direct advisers, and remain confidential.

DOJ defines private advisers

The memorandum broadly defines "private advisers" as individuals the president consults outside the executive branch.

DOJ building (Getty Images)
The Office of Legal Counsel said the opinion applies to confidential presidential communications involving advisers outside the executive branch (Getty Images)

According to the opinion, that category includes members of the public, state officials, and employees of other branches of the federal government.

It also states that executive privilege may apply regardless of whether the adviser is employed by the federal government, provided the communication concerns official presidential decision-making, and satisfies the conditions outlined in the memorandum.

The Office of Legal Counsel said its analysis is based on the president's need to receive confidential advice while carrying out official duties, even when that advice comes from individuals outside the executive branch.

The legal opinion was issued by the Office of Legal Counsel and signed by Assistant Attorney General T Elliot Gaiser.

Report draws political attention

Punchbowl News first reported the memorandum.



Journalist Jake Sherman wrote on X that the opinion could become relevant if Democrats regain control of the House and begin investigating the Trump administration.

The memorandum was published as the administration continues to defend broad claims of executive privilege in matters involving presidential records and communications.

Privilege disputes continue

The memorandum follows years of litigation over the scope of executive privilege during Trump's first administration, when courts considered disputes involving congressional requests for White House records and testimony from current and former administration officials.

WASHINGTON, DC - SEPTEMBER 02: The U.S. Supreme Court is seen on September 02, 2021 in Washington, D
Executive privilege has been the subject of multiple legal disputes involving presidential records and congressional requests in recent years (Getty Images)

Those legal battles helped shape ongoing debates over the limits of presidential confidentiality and congressional oversight.

Trump previously asserted executive privilege during battles over White House records and congressional investigations, including disputes related to the January 6 inquiry.

As of Monday, no congressional leaders had publicly responded to the new Office of Legal Counsel opinion, and the Justice Department announced no additional action beyond issuing the memorandum.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

US Ambassador to Greece Kimberly Guilfoyle faced allegations of a quid pro quo scheme and misconduct amid a federal investigation
1 hour ago
The president did not specify an income threshold, an age cutoff beyond adulthood, a tax-filing requirement, or specific rules for dependents. However, he stated that every adult American would receive $5,000
2 hours ago
Mike Johnson said he expected colleagues to ask him to lead the conference if Republicans lost their majority and faced a divided government
3 hours ago
The case stems from President Donald Trump’s ambition to transform East Potomac Golf Links into an exclusive, championship-caliber golf course capable of hosting major professional tournaments
5 hours ago
Ilhan Omar faced allegations of immigration fraud and calls for denaturalization and deportation from Trump and right-wing groups
6 hours ago
Michigan Senate candidate Abdul El-Sayed raised concerns about Mike Rogers' past election claims ahead of the November midterms
18 hours ago
Saudi officials urged the US to intervene quickly to support the Saudi-led coalition against the Houthis in Yemen
18 hours ago
GOP rival Ken Paxton and President Trump have publicly questioned James Talarico’s absence as the closely watched Senate race enters its final stretch
18 hours ago
Marco Rubio is reportedly angered by reports involving donor payments, lavish gifts and Kimberly Guilfoyle's treatment of embassy staff
20 hours ago
Donald Trump highlighted border security, low taxes and a strong military as common-sense priorities for his administration
20 hours ago