Trump’s new attorney general issues sweeping order to protect the president’s private messages if Democrats take power

The US Justice Department's Office of Legal Counsel has issued a memo significantly expanding the scope of executive privilege available to President Donald Trump, in an apparent move to shield his private communications from potential congressional investigations should Democrats gain control of the House or Senate after November's midterm elections. The memo was published shortly after Todd Blanche, Trump's former personal lawyer, was sworn in as attorney general, and represents a Justice Department legal position rather than a binding court ruling, though it could still substantially limit Democrats' ability to subpoena witnesses or obtain records tied to Trump.

Signed by Assistant Attorney General T. Elliot Gaiser, the memo broadens the definition of "private advisers" protected by executive privilege to include private citizens, state officials and staff in other branches of government, provided their communications relate to presidential decision-making and remain confidential. It follows Trump's frequent use of executive privilege during and after his first term to resist Democrat-led subpoenas, including attempts to block access to White House visitor logs and testimony linked to the January 2021 Capitol riot investigation. Critics, including former DOJ officials, have accused the department of political bias, while a recent Kalshi forecast puts Democrats' chances of retaking the House at around 85%, against roughly 15% for Republicans, with a Senate majority seen as far less likely.