DOJ Memo Lets Trump Shield Private Talks

DOJ Memo Lets Trump Shield Private Talks

The News

A new Justice Department memo hands President Donald Trump sweeping authority to keep his communications with private, outside advisers secret from Congress.

The opinion, from the DOJ's Office of Legal Counsel, was released Monday. It says the president can assert executive privilege over communications with "private advisers … so long as they relate to official presidential decision making" and involve or reflect communications with the president.

Critics warn it could blunt future congressional oversight of Trump.

Timeline

August 10, 2026

The DOJ's Office of Legal Counsel quietly releases the memo extending the executive privilege shield.

August 11, 2026

Punchbowl News founder Jake Sherman flags the memo's "big implications," and outlets across the spectrum report on its reach.

Reactions

Sherman warned the memo carries "big implications" for Democrats seeking to hold Trump accountable should they retake control of Congress in the midterms.

Mediaite framed the opinion as giving Trump "sweeping new authority to hide his communications with private advisers from public scrutiny."

AlterNet reported the DOJ is pushing to use the shield to keep outside adviser Boris Epshteyn from testifying, calling it a fierce legal battle over the limits of presidential secrecy.

What's Next

The memo sets up a fight over how far the privilege reaches, with the effort to block Epshteyn's testimony as an early test.

Its practical weight would grow if Democrats win back Congress in the midterms and seek documents or testimony from Trump's private advisers.

More

Executive privilege traditionally covers a president's communications with government officials. This opinion stretches that protection to private, outside advisers when their talks touch official presidential decision-making.

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