The Department of Justice’s (DOJ’s) Office of Legal Counsel said on Aug. 10 that executive privilege—the president’s authority to withhold certain sensitive information from the legislative and judicial branches—can extend to presidential communications with nongovernmental advisers.
A memorandum opinion, signed by Assistant Attorney General T. Elliot Gaiser from the Office of Legal Counsel, states that executive privilege may cover communications with private advisers if the conversations “relate to official presidential decision-making, involve or reflect communications with the president or his direct advisers, and are confidential.”
The memo states that the president might determine that an outside adviser possesses unique insight or experience needed to fully inform a decision, particularly if the adviser has knowledge that cannot be obtained from government employees….
Executive Privilege Can Apply to Trump’s Private Advisers, DOJ Office of Legal Counsel Says
