President Donald Trump’s private advisers and lawyers are now safeguarded by executive privilege, as long as their talks pertain to the president’s official decision-making, based on a memo from the Justice Department’s Office of Legal Counsel issued on Tuesday.
This 21-page memo asserts that “the President’s need for confidentiality pertains to his communications with private advisers just like with government officials.”
Drafted by Assistant Attorney General Elliot Geyser, the memo comes just months ahead of the midterm elections where Democrats aim to regain control of Congress.
Democrats have pledged to persist in investigating Trump and his family’s businesses and financial interests, potentially utilizing subpoenas and congressional hearings to progress their inquiries.
A recent non-binding memorandum from the Office of the General Counsel permits private individuals who have advised the president in confidential discussions regarding his official matters to assert executive privilege if summoned by Congress.
The memo emphasizes that “Presidential communications privilege is founded on the necessity for confidentiality, ensuring that the President’s decision-making is informed and rooted in honest advice. Without such confidentiality, the President’s capacity to act swiftly on critical issues would be significantly obstructed,” it explained.
Moreover, the document highlights that presidents often require insights from external sources to make well-informed decisions. Geyser also recognized that private advisers might hesitate to offer guidance, fearing it could adversely affect their own careers.
“Such individuals might be reluctant to give counsel on contentious policies due to worries about repercussions,” the memo states.
Geyser pointed out a historical pattern of presidents seeking counsel from outside the government. For instance, Andrew Jackson had his “kitchen cabinet,” while Franklin D. Roosevelt relied on a group known as his “brain trust.” Additionally, Grover Cleveland consulted financier J.P. Morgan during financial crises, and Lyndon B. Johnson sought advice from trusted friends amidst the Vietnam War.
Senate Majority Leader Chuck Schumer interpreted the Justice Department memo as an indication that Trump is anxious about the possible consequences if Democrats secure a majority in Congress.
“Donald Trump is scared,” Schumer remarked. “He knows accountability is coming. He’s using his recently appointed attorney general and personal attorney, Todd Blanche, to obscure his engagements with private advisers and special interest groups.”
Schumer further argued that these actions suggest Trump is concealing something, demonstrating his unease regarding the inquiries that a Democratic Congress would pursue. “We won’t allow Mr. Trump to evade his responsibilities,” he added.
