DOJ Memo Extends Executive Privilege to Trump's Private Advisers

The Department of Justice has issued a formal legal opinion asserting that executive privilege can extend to President Donald Trump's communications with private advisers who do not work for the government, a significant expansion of the legal doctrine that could shield a wide range of conversations from congressional and judicial scrutiny. The memo, released by the Justice Department's Office of Legal Counsel on Monday, August 10, 2026, argues that the president's ability to seek confidential advice from individuals outside the executive branch is essential to his official duties.

The opinion, authored by Assistant Attorney General T. Elliot Gaiser, states that executive privilege can apply to communications with private advisers so long as they relate to official presidential decision-making, involve or reflect communications with the president or his direct advisers, and are kept confidential. The memo defines "private advisers" broadly to include anyone the president consults outside the executive branch, such as members of the public, state officials, or employees of other federal branches. This represents the first time the Justice Department has explicitly and publicly...