Justice Department expands executive privilege claims for outside advisers

The Justice Department issued a legal memo formalizing a broad view of executive privilege, asserting that President Donald Trump's communications with advisers who do not work in his administration can be shielded from disclosure. The opinion from the department's Office of Legal Counsel argues that limiting privilege to communications within the government would restrict the president's ability to draw on outside expertise needed to carry out his duties.

The memo cites historical precedent, including the Andrew Jackson and Franklin Delano Roosevelt administrations, and references a 2007 opinion involving President George W. Bush's firing of U.S. attorneys. It warns that without such protection, private advisers might be reluctant to give candid advice for fear of public disclosure or personal repercussions.

The timing comes as Democrats could regain subpoena power in Congress after November's elections, and as a case brought by the American Bar Association challenges the administration's actions against law firms that have opposed its agenda. The department has already invoked executive privilege arguments to try to block subpoenas for testimony and documents from Boris Epshteyn, described as Trump's personal attorney, who was involved in negotiations between the White House and law firms.

A University of Kentucky law professor who worked in the Obama-era Office of Legal Counsel said the position is consistent with past department views but had never before been stated so publicly, calling it extreme by the office's own historical standards.

Read the full story at KTEN.