Story perspectives

Justice Department memo extends executive privilege to Trump advisers

8/13/2026

Left

Trump Privilege Shield

On August 11, 2026, Justice Department’s Office of Legal Counsel issued a memo extending executive privilege to private advisers of President Donald Trump.
The memo is portrayed as a tactic to shield Trump and his inner circle from congressional and judicial accountability.
Assistant Attorney General T. Elliot Gaiser said the privilege covers confidential decision-making advice.
Todd Blanche’s appointment, Chuck Schumer called memo a cover-up, warning it creates a secrecy loophole.

Right

Trump Privilege Extension

The Justice Department’s Office of Legal Counsel issued a memo on August 11, 2026 extending executive privilege to President Donald Trump’s private advisers.
The memo says confidential outside advice is essential for swift, effective presidential decisions, invoking Andrew Jackson’s “Kitchen Cabinet” and F.D.R.’s “Brain Trust” as precedent.
Assistant Attorney General T. Elliot Gaiser signed the 21-page opinion.
Posted without a press release, opinion could block the ABA’s subpoena for Boris Epshteyn communications.

Center

Trump Privilege Memo

On August 11, 2026, Justice Department Counsel issued a memo extending executive privilege to private advisers of President Donald Trump.
Project on Government Oversight’s general counsel Scott Amey said the policy reduces transparency and appears designed to shield the administration’s last two years.
Assistant Attorney General T. Elliot Gaiser wrote that privilege protects advice needed for decision-making.
Memo says privilege applies to communications within President’s duties and is not absolute.

Blindspot

The memo was issued one day after Todd Blanche was sworn in as acting attorney general, prompting observers to link the timing to the new official’s role.
Within this story's sources, this timing link appears mainly in Left-leaning coverage and receives less attention in Center-leaning coverage.

History

Historical Context

The 1974 Supreme Court case United States v. Nixon, decided 8-0 by Chief Justice Warren Burger, rejected an executive privilege and forced President Nixon to turn over Oval Office tapes. That precedent limits presidential claims of secrecy. On August 11 2026, Assistant Attorney General T. Elliot Gaiser invoked the same logic while seeking broader privilege for President Trump’s private advisers, risking a reversal of the 1974 ruling.

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Trump Privilege Shield

On August 11, 2026, Justice Department’s Office of Legal Counsel issued a memo extending executive privilege to private advisers of President Donald Trump.
The memo is portrayed as a tactic to shield Trump and his inner circle from congressional and judicial accountability.
Assistant Attorney General T. Elliot Gaiser said the privilege covers confidential decision-making advice.
Todd Blanche’s appointment, Chuck Schumer called memo a cover-up, warning it creates a secrecy loophole.

1 / 5