DOJ Executive Privilege Memo Sparks Backlash Over Shielding Trump Allies

The Office of Legal Counsel memo, signed by Assistant Attorney General T. Elliot Gaiser, posits that communications between the president and private advisers may be shielded from disclosure if they pertain to official decision-making. While the DOJ maintains this interpretation aligns with historical positions dating back to 1972, the formal codification of the policy has drawn sharp fire from legal experts and political opponents.

Jonathan Shaub, a former Obama-era OLC official, noted that while the stance is not entirely new, its public assertion transforms it into a potent tool for the administration to deflect congressional investigations. The timing of the memo, arriving shortly after Blanche’s confirmation, fueled accusations from the Not Above the Law coalition that the Justice Department is prioritizing the protection of Trump’s inner circle over transparency. Schumer went further, characterizing the policy as a defensive maneuver by a president fearful of potential scrutiny if Democrats regain control of Congress in the upcoming midterm elections.