A new directive issued by the Justice Department's Office of Legal Counsel (OLC) would provide broad protections for President Donald Trump's private communications, potentially shielding them from congressional investigations. The memo, published shortly after Todd Blanche was sworn in as the new Attorney General, expands the scope of executive privilege to cover a wider range of communications with advisers and private citizens.
The OLC memo seeks to grant Trump extensive authority to protect his messages, including those with advisers, outside individuals, and private citizens, under the umbrella of executive privilege. This move could significantly impede Democrats' ability to issue subpoenas and request records from individuals in Trump's orbit should they gain control of the House of Representatives or the Senate in the upcoming midterm elections.
According to the memo, signed by Assistant Attorney General T. Elliot Gaiser, the definition of 'private advisers' protected by executive privilege would be greatly enlarged. It now includes private citizens, state officials, and individuals from other branches of the federal government, provided their communications relate to official presidential decision-making or involve confidential exchanges with the President or his advisors.
This directive comes as Trump has previously invoked executive privilege to resist Democratic-led subpoenas and investigations, including those related to White House visitor logs and inquiries into the January 6, 2021, Capitol riot. The OLC memo aims to expand the range of materials that could be claimed as privileged, which may draw criticism from Democrats and former Justice Department officials.
While the memo represents a legal position from the Justice Department and not an official court ruling, it could offer significant legal cover for presidents seeking to resist congressional oversight. The memo does note that Congress can overcome this heightened burden of proof by demonstrating that the requested information is "demonstrably critical" to fulfilling its constitutional responsibilities, though specifics on this process were not detailed.
A Justice Department official stated that the new order "reaffirms" the OLC's long-standing position dating back to 1972. Recent forecasts suggest an increased likelihood of Democrats retaking the House in the November elections, which could bring these protections into play.