The Justice Department's Office of Legal Counsel (OLC) has stated that President Donald Trump has the right to assert executive privilege over sensitive communications with private advisers and citizens, according to a 21-page memo released Monday. The OLC advised the White House that the president can legally withhold documents or information from the Legislative or Judicial Branches.
The memo, attributed to Assistant Attorney General T. Elliot Gaiser, outlines that executive privilege can extend to presidential communications with private individuals, provided these exchanges are confidential, involve or reflect communications with the President or his direct advisers, and relate to official presidential decision-making. This opinion has been compared to a similar memo issued by President George W. Bush's attorney general in 2007, with a DOJ official noting that the OLC's position has been consistent, going back at least to 2007 and potentially as far back as 1972.
Legal experts suggest this non-binding opinion could serve as a significant tool. Jonathan Shaub, a law professor at the University of Kentucky and former OLC attorney, told Axios that the memo could be used to counter congressional investigations involving private parties. The opinion emerges as Democrats have indicated plans to investigate Trump's financial dealings if they regain control of the House in the upcoming midterm elections.
Senate Minority Leader Chuck Schumer (D-N.Y.) reacted to the memo by stating that Trump's assertion of privilege indicates he has "something to hide" and is fearful of accountability. House Speaker Mike Johnson (R-La.) had previously warned that should Republicans lose in the fall, congressional committees would intensify investigations into the president's allies, family, and donors.