DOJ Opinion May Offer Protection to Trump’s Private Advisers

The Justice Department’s Office of Legal Counsel has issued an opinion that could protect President Trump’s private advisers from future congressional and legal scrutiny. This opinion, shared on Monday, suggests that executive privilege might extend to non-federal employees who offer direct advice to the president.

This 21-page document explains that executive privilege, a president’s authority to keep certain communications confidential, could cover private advisers if discussions pertain directly to official presidential decisions. These communications must remain confidential and involve the president and his core advisory team.

This opinion is not mandatory and comes amid an impending midterm election. A potential Democratic win might lead to significant investigative actions, broadening the list of individuals safeguarded against future inquiries.

Traditionally, executive privilege shields discussions involving executive branch staff. However, this interpretation could prevent Mr. Trump’s external legal counsel and other advisers from revealing details in future investigations. “Executive privilege aims to safeguard governmental decision-making processes,” the opinion, signed by Assistant Attorney General T. Elliot Gaiser of the Office of Legal Counsel, states.

Gaiser argues that the necessity for presidential confidentiality extends to private advisers similar to government officials. Unique insights or experiences from private advisers might be essential for fully informed decisions, unlike consultation with only government staff.

This is not the first time Mr. Trump’s Justice Department has deviated from historical standards. In April, Gaiser described a federal law stemming from the Watergate era as unconstitutional. This law mandates the president to preserve and surrender specific documents to the National Archives post-administration. Following this opinion, a federal judge in Washington, D.C. instructed the White House staff and Trump’s senior advisers to abide by the law after oversight groups challenged the opinion.

This opinion could also offer protection to Boris Epshteyn, a Trump adviser and lawyer subpoenaed by the American Bar Association. In a lawsuit concerning alleged “intimidation policies” by the White House, the ABA seeks Epshteyn’s communications with the White House. The DOJ has challenged the subpoena, suggesting Epshteyn provided confidential advice related to contested Executive Orders.

Topics: Donald Trump, United States Department of Justice