Politics · Executive Privilege · ArchiveDOJ: Trump's Private Advisers Now Shielded by Executive PrivilegeAired August 11, 2026 at 7:22 PM UTCWritten September 7, 2026 at 9:22 PM UTCRead the write-upThis storyTranscript · LOADING0:00The Justice Department's Office of Legal0:01[music] Counsel issued a memo Monday0:03evening, August 11th, 2026, declaring0:07that communications between President0:08Donald Trump and private [music]0:10advisers who do not work for his0:11administration can be protected by0:13executive privilege. The declaration0:15redefes what can be withheld [music]0:17from Congress and the courts, shielding0:19conversations with outside advisers tied0:22to official [music] duties rather than0:23limiting protection to internal0:25government channels. The memo centers on0:27[music] Trump and the private advisers0:28around him, including personal attorney0:31Boris Epstein, whose records are now0:33being sought by the American Bar0:34Association in litigation over law firm0:36deals. The office argued a president0:38might determine a private adviser has0:40unique insight and [music] that full0:41knowledge about a contemplated decision0:43cannot be obtained through only0:44government employees. [music] It warned0:46that without the extension, private0:47individuals may be reluctant to advise0:49on controversial policies for fear of0:51public disclosure or ramifications for0:53their personal endeavors.1:00That [music] assessment highlights the1:02gap between internal legal continuity1:04inside the office of legal counsel and1:06how far the expansion will appear to1:08judges, lawmakers, and the public. The1:10Supreme Court has expressed a [music]1:12broad view of presidential powers and1:14immunity under its 6 to3 conservative1:16majority, a [music] backdrop the new1:18memo lands against as courts weigh1:20executive claims. The office leans on a1:222007 memo from the George [music] W.1:24Bush administration during the US1:26attorneys firing and on precedents from1:28the Andrew Jackson and Franklin D.1:29Roosevelt administrations. The last time1:31Democrats took the House in 2018. Their1:34investigations of the first Trump1:35administration prompted novel legal1:37disputes over what lawmakers could1:38obtain. [music]1:39A preview of the subpoena battles1:41expected if control shifts in the1:42November elections.1:43>> [music]1:43>> The account is based on a single1:45transcript of the memo that has not yet1:47received broader independent1:48confirmation and courts have never1:50directly tested privilege for outside1:52advisers, leaving it unresolved whether1:54the expansion will hold when Congress1:56and litigants press for those1:57communications.1:59For more stories that matter, like and2:01subscribe.Explore with HeyDexThe shortThe short ↗