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OLC Memo Expands Executive Privilege for Private Advisers

8/25/2026

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Story summary
  • U.S. Office of Legal Counsel issued a memo expanding executive privilege to private advisers.
  • The memo permits private advisers to refuse subpoenas by invoking executive privilege.
  • If courts adopt the memo, Congress and the judiciary may struggle to compel testimony.
  • Critics warn the broad privilege could enable presidential corruption by blocking witnesses.