The Department of Justice (DOJ) opened a new door for Donald Trump's administration: the president's conversations with advisers who do not work for the government could be protected by executive privilege.
The conclusion appears in a 21-page opinion prepared by the DOJ's Office of Legal Counsel (OLC). The document maintains that Trump can invoke this protection when communications with private advisors are related to official decisions of the Presidency, are confidential and are part of consultations with the president or his direct advisors.
An opinion that can stop investigations
CBS News revealed that the relevance of the ruling is in who could be covered. It is not limited to White House officials: the OLC contemplates that executive privilege can extend to external people that Trump consults for their experience or knowledge.
The document argues that limiting protection exclusively to government officials would prevent the president from turning to outside specialists when he considers that they can provide information necessary for his official decisions.
The opinion, signed by Deputy Attorney General T. Elliot Gaiser, is not binding on the courts. However, it could become a tool for the White House if Democrats regain control of one or both chambers of Congress in the November elections and begin new investigations.
The case takes on special interest because the Trump administration is already facing disputes related to the communications of its private advisers.
Boris Epshteyn appears at the center of the debate
One of the names that could benefit is Boris Epshteyn, Trump's lawyer and external advisor.
The American Bar Association (ABA) is seeking to obtain communications related to Epshteyn in a lawsuit against the administration over actions taken against major law firms.
The DOJ has tried to stop that subpoena by arguing that Epshteyn provided the president with “privileged and confidential advice.” The dispute is part of a broader conflict that has already led the Justice Department to request information from numerous law firms.
The new ruling does not automatically resolve those disputes, but it does provide the administration with a new legal basis to defend the confidentiality of certain conversations.
