DOJ opinion extends executive privilege to president’s communications with private advisers

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Trending on The Hill - August 11, 2026

Trending on The Hill - August 11, 2026

A new Justice Department memo argues the president can assert executive privilege not just over communications with his White House staff but also with “private advisors” outside of government, an interpretation that would broaden the number of individuals President Trump could try to shield from congressional investigations.

The Monday opinion from DOJ’s Office of Legal Counsel isn’t binding but nonetheless signals the Trump administration is thinking about how to respond to an expected bevy of investigations into the White House should Democrats retake the House.

Traditionally, the president may assert executive privilege only over communications with executive branch staff.

But OLC argues the counsel the president might get........

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