WASHINGTON, Aug. 13 (DC Times Online) — A nonbinding Justice Department opinion could make it harder for Congress and others to obtain some communications between President Donald Trump and private advisers, including outside consultants and special-interest representatives.
The Office of Legal Counsel said in a 21-page memo that presidential communications with private advisers may be covered by executive privilege when they involve official presidential decision-making, include or reflect communications with Trump or his direct advisers, and remain confidential.
The memo does not automatically settle whether any particular document is protected. It sets out the legal position of the Justice Department’s Office of Legal Counsel, and the available accounts do not identify a specific subpoena, privilege claim or court case involving the communications.
What the memo says
Executive privilege is the president’s ability to withhold some information from Congress, courts or the public when disclosure could interfere with presidential decision-making or government operations. The privilege is not absolute, and its application can depend on the facts and the legal setting.
The OLC memo argues that presidential confidentiality can extend beyond government employees. “The need for presidential confidentiality applies to communications with private advisers just as it does with government officials,” the memo says, according to a quotation reproduced in coverage of the opinion.
Under the memo’s reasoning, a private adviser’s status alone would not decide whether a communication is protected. The content, its connection to official presidential duties, the involvement of Trump or his top advisers, and whether the exchange was confidential would all matter.
Because the opinion is nonbinding, it is not a final ruling by a court. It could nevertheless guide Justice Department lawyers and shape how the department responds to requests for records.
Why Schumer objects
Senate Minority Leader Chuck Schumer accused Attorney General Todd Blanche of using the Justice Department to conceal Trump’s communications with private advisers and interest groups.
“He’s using his newly installed Attorney General/personal lawyer, Todd Blanche, to cover up his communications with private advisers and special interest cronies,” Schumer said in a statement quoted by AOL and Common Dreams. Schumer also said, “Donald Trump is scared. He knows accountability is coming.”
Those are Schumer’s political accusations, not established findings in the materials available for this report. The Justice Department’s memo addresses the scope of executive privilege; it does not, by itself, establish that any records were improperly withheld or that a cover-up occurred.
The Not Above the Law coalition, a group that includes Stand Up America, the Constitutional Accountability Center, Public Citizen and MoveOn, also criticized the opinion. Its co-chairs said the department was trying to shield Trump and people around him from accountability.
No Justice Department response to those criticisms was identified in the supplied accounts.
How Blanche became part of the dispute
The Senate confirmed Blanche as attorney general by a reported 50-49 vote, according to Newsweek. The report said Louisiana Sen. Bill Cassidy supported Blanche while Republican Sens. Susan Collins and Lisa Murkowski opposed him. The official Senate roll-call record was not included in the supplied material.
Blanche had previously served as Trump’s personal attorney, according to statements from Senate Democrats and reporting by Reuters and Newsweek. His relationship with the president became a central issue during his confirmation process.
At a July 15 Senate Judiciary Committee hearing, Democrats questioned Blanche about his independence and about the Justice Department’s handling of several matters. Bloomberg quoted Sen. Richard Durbin as telling Blanche: “In less than 18 months at the Department of Justice, you’ve shown you’re still President Trump’s personal attorney.”
Schumer had opposed Blanche’s nomination before the vote. In floor remarks released by the Senate Democratic Caucus, he argued that a president’s personal attorney should not lead the Justice Department. After the confirmation, Democrats continued to criticize Blanche over issues including the handling of Justice Department files and a proposed anti-weaponization fund. The supplied material presents those issues as partisan allegations and does not independently establish them.
What happens next
The practical effect of the OLC opinion will depend on how the Justice Department applies it to particular records and how Congress or other parties respond. If a request for communications is made, officials could invoke the memo’s reasoning to resist disclosure. A dispute could then move through congressional negotiations, administrative processes or litigation, depending on the parties involved.
For now, the opinion changes the legal position advanced by the Justice Department, not the underlying facts of any specific communications. The identities of the private advisers or consultants at issue, and whether any records have formally been withheld under executive privilege, have not been established in the available material.
