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HUGH HEWITT: Three big legal fights are looming, and Trump needs answers before January
Opinion writer Hugh Hewitt argues that President Donald Trump should seek legal advice from the Justice Department’s Office of Legal Counsel before January, ahead of an expected conflict with a new Democratic-led Congress. He says the Supreme Court may ultimately resolve disputes over congressional oversight and presidential authority, while the OLC can advise the executive branch on legal questions before they reach court.
The article highlights executive privilege, court expansion, District of Columbia statehood and the National Popular Vote Interstate Compact as issues needing legal analysis. It cites an August OLC opinion on presidential communications with private advisers and a 2024 opinion that President Biden could withhold audio recordings sought by Congress. Hewitt says lawsuits followed Biden’s decision, and notes that presidents of both parties have asserted executive privilege in disputes with Congress.
In short
- Hewitt urges Trump to seek legal advice before January.
- Congress and the president may clash over executive power.
- OLC can advise on disputes before they reach court.