Democrats for the entirety of President Donald Trump’s time in office have boasted about how they eventually will be in control, in the majority, and they will subpoena anyone with any connection to the president, apparently for the purposes of indicting, convicting and jailing.
They may now have a new obstacle: Executive privilege.
That’s because the Office of Legal Counsel inside the Department of Justice has issued a new opinion declaring that Trump can extend that status, the ability of the president to contain confidential communications inside the executive branch, to advisers who do not work for the White House but do offer advice.
According to a report at CBS, that document, released just this week, may protect those individuals from future congressional and legal investigations, an area of Democratic expertise as confirmed by the many weaponized investigations from Trump’s first term.
CBS confirmed the opinion says that privilege is available if communications “relate to official presidential decision making,” are confidential, and involve conversations between the president and his direct team of advisers.
The opinion is not binding, and could be impactful soon after the 2026 midterms should the Democrat party, now in disarray following the blowout loss by Kamala Harris during the 2024 race and the huge new influence over the party being exerted by Democrat socialists who often pursue communist party ideals, be a majority in Congress.
Specifically impacted could be Trump’s outside counsel and others who could not, under the plan, be forced to provide information to Congress.
“At bottom, the purpose of executive privilege is to protect the government’s decision making processes,” the opinion said. It was signed by Assistant Attorney General T. Elliot Gaiser.
DOJ moves to dramatically expand executive privilege around Trump shielding a broad range of communications with private advisers and potentially giving the White House a powerful barrier against future congressional investigations#NYI pic.twitter.com/DEpfd1X1YI
— NewYork-Insight (@NewYork_Insight) August 11, 2026
A new Justice Department memo says President Trump can extend executive privilege to private advisers outside of the government, a legal conclusion that expands the number of individuals who could be shielded from congressional probes as Democrats prepare investigations ahead of…
— The Washington Times (@WashTimes) August 11, 2026
