Trump's DOJ lays groundwork for subpoena fights with a Democratic Congress
Executive privilege can shield President Trump's communications with "private advisers" outside of the government, the Justice Department's Office of Legal Counsel concluded Monday. Why it matters: Democrats have been planning to bypass expected White House stonewalling by subpoenaing companies, colleges and private citizens if they win enough seats in November. The new opinion could create a new…
The Justice Department's Office of Legal Counsel (OLC) has issued a new opinion that could complicate Democratic efforts to subpoena private entities if they gain control of Congress in November. The memo confirms that executive privilege can protect communications between President Trump and private advisers, similar to the way it shields interactions with government officials.
The OLC's reasoning hinges on three criteria: the discussions must pertain to presidential decision-making, involve or reflect conversations with the president or his direct aides, and remain confidential. While the memo might provide a legal basis for private parties to resist subpoenas, law experts doubt courts will accept the OLC's broad interpretation of executive privilege.
Despite this, the new opinion could pose a significant obstacle for Democrats aiming to extract information from private parties.
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