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DOJ Legal Office Says Trump's Outside Advisers Can Be Shielded by Executive Privilege

The memo says executive privilege can cover confidential talks with outside advisers and their contacts with private citizens, expanding Trump’s shield from subpoenas.

  • On Monday, the Justice Department's Office of Legal Counsel issued a memo asserting executive privilege extends to presidential communications with "private advisers" outside the federal government if discussions relate to official decisionmaking.
  • President Donald Trump frequently consults a "kitchen cabinet" of outside advisers, and the administration seeks to shield these confidential consultations from congressional subpoenas and public scrutiny.
  • The DOJ moved to quash a subpoena for Trump's personal attorney Boris Epshteyn, arguing he "provided the President with privileged and confidential advice" in connection with executive orders targeting law firms.
  • Punchbowl News founder Jake Sharman warned Tuesday the opinion carries "big implications" for Democrats if they regain House control in November, potentially blocking investigations into Trump-linked businesses.
  • University of Kentucky law professor Jonathan Shaub doubts courts will accept such "broad, sweeping claims," though the memo currently guides executive branch policy despite remaining non-binding.
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Alternet broke the news in Miami Beach, United States on Tuesday, August 11, 2026.
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