Trump’s DOJ plans to treat his communications with 'outside advisors' as privileged. Why now?

Key Points:

• The Office of Legal Counsel (OLC) ruled that presidential communications privilege extends to a president’s communications with private advisers, regardless of the subject matter, citing historical precedent from presidents like Jackson, FDR, and Johnson.
• The OLC argues that limiting executive privilege to communications within the executive branch would hinder a president’s ability to seek advice from important external sources, potentially affecting the president’s constitutional duties and public interests.
• The opinion broadly defines "private adviser" to include anyone consulted outside the executive branch, including public members, state officials, and employees from other federal branches, and blurs the line between official and personal presidential actions.
• This new DOJ policy could shield nearly any communication between the president and private citizens or advisers from disclosure, which may impact investigations into Trump and his allies if Congress changes control after the November elections.
• The American Bar Association (ABA) criticized the OLC opinion as self-serving and timed to influence ongoing legal disputes, particularly regarding subpoenas related to Trump adviser Epshteyn, signaling skepticism about the DOJ’s interpretation of executive privilege.