Trump's DOJ lays groundwork fo... Note
Axios

Trump's DOJ lays groundwork for subpoena fights with a Democratic Congress

The Justice Department's Office of Legal Counsel has issued an opinion stating that executive privilege can protect communications between President Trump and private advisors outside of the government. This ruling could present a significant obstacle for Democrats if they regain control of Congress, as they had planned to subpoena private entities and individuals to circumvent White House stonewalling. The OLC argues that presidential confidentiality extends to private advisors to ensure candid advice, provided the communications relate to official decision-making and remain confidential. A former OLC attorney suggests this opinion could be a powerful tool for the administration to impede congressional investigations. However, some legal experts doubt courts will accept this broad interpretation of executive privilege, which appears to extend beyond previous formal rulings. While this opinion may create challenges for lawmakers seeking information from private parties, its application is limited to presidential duties. The DOJ maintains the opinion aligns with long-standing positions on executive privilege, though the issue has not been extensively litigated. The Trump administration has had extensive dealings with the private sector, increasing the relevance of this ruling. The opinion comes as the administration's legal team is undergoing changes, potentially placing new White House counsel at the forefront of future executive privilege disputes.
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