President Donald Trump’s outside advisers—those not employed by the federal government—may now be protected from future congressional and legal investigations, according to a 21-page opinion issued by the Justice Department’s Office of Legal Counsel (OLC) on Monday evening, August 11, 2026.

The OLC told the White House that the president can extend executive privilege—the right to keep confidential communications within the executive branch—to advisers who provide direct advice to the president but do not work for the White House. The opinion states that executive privilege applies if the communications "relate to official presidential decisionmaking," are confidential, and involve conversations between the president and his direct team of advisers.

This expansion of executive privilege is notable as it moves beyond the traditional scope, which typically covers conversations with executive branch staff such as White House lawyers. The opinion emphasizes, "At bottom, the purpose of executive privilege is to protect the government's decisionmaking processes."

The timing of the opinion is significant, arriving months before a contentious midterm election that could see Democrats gain control of one or both houses of Congress. Such a shift could trigger numerous investigations, potentially increasing the number of individuals protected from testimony or inquiry under this broadened privilege.

In related developments, in April 2026, an OLC opinion authored by Gaiser declared unconstitutional a federal law enacted after the Watergate scandal that requires presidents to preserve certain documents and transfer them to the National Archives at the end of their administration. Following this, a federal judge in Washington, D.C., ordered White House staff and Trump’s top advisers to comply with the law after a government oversight group and the American Historical Association sued to invalidate the OLC opinion.

Additionally, the American Bar Association is seeking communications between Trump adviser Epshteyn and the White House, but the DOJ has moved to quash the subpoena, arguing for privilege protections.

He was previously a campaign digital reporter covering President Trump's 2024 campaign and also served as an associate producer for "Face the Nation with Margaret Brennan."

Sources