#checks-and-balances

Trump's Own Justice Department Issued a Memo Declaring He Can Hide His Conversations With Private, Outside Advisers — Billionaires, Fixers, Private Lawyers, Even State Officials — Under "Executive Privilege," Stretching a Doctrine the Supreme Court Already Ruled Isn't Absolute, to Wall Off His Shadow Advisers From Congress Right Before the Midterms

On August 11, 2026, the Justice Department's Office of Legal Counsel published a 21-page opinion, signed by Assistant Attorney General T. Elliot Gaiser, declaring that executive privilege can shield the president's communications with "private advisers" — a category the memo defines to include essentially anyone Trump consults outside the executive branch, "whether they be members of the public, state officials, or employees of other branches of the federal government." It is the first time the Justice Department has explicitly extended executive privilege beyond the president and his immediate White House staff to private citizens. Historically the privilege reached only official advisers, and the Supreme Court held in United States v. Nixon (1974) that it is not absolute and yields in criminal cases. The immediate beneficiary is Boris Epshteyn — the outside Trump adviser and "fixer" whom the American Bar Association subpoenaed, and who coordinated the campaign of pressure that produced nearly $1 billion in pledged free legal work from law firms, and who helped steer the lawyers in Trump's sham IRS-immunity litigation. The memo would let all of that stay hidden. OLC opinions are not binding on courts, but they govern how the executive branch behaves, and this one is transparently timed: issued months before the midterms, it is pre-emptive armor to defeat the wave of congressional investigations the White House expects if Democrats retake the House. It converts a narrow, court-limited doctrine into a blanket secrecy cloak for government-by-crony — a way to keep the public from ever learning which unelected billionaires and operatives are shaping official decisions, and what they said.

The Check Broke: Todd Blanche — Trump's Personal Criminal-Defense Lawyer, Referred for Bar Discipline Over a Sham IRS Deal, Who Defied a Court Order to Bury the Epstein Files and Says Trump Has a "Right" to Order Prosecutions of His Enemies — Was Confirmed as Attorney General 50-49, With Bill Cassidy Casting the Decisive Vote

In the early hours of Saturday, August 8, 2026, the Senate confirmed Todd Blanche as attorney general of the United States by a vote of 50-49 — the narrowest possible margin. Blanche is Trump's former personal criminal-defense lawyer. He was referred by a federal judge for bar discipline over the collusive IRS "settlement" that laundered Trump tax immunity and tried to create a $1.8 billion fund for the January 6 rioters. His Justice Department defied a court order and the transparency law Trump signed to keep the Epstein files sealed. And in his first press conference as acting AG he asserted that the president has a "right" and "duty" to order the department to investigate his enemies — a doctrine the DOJ is now executing against Comey, Letitia James, and others. Two Republicans, Susan Collins and Lisa Murkowski, voted no, joining every Democrat; Murkowski said the country needs an attorney general "who will check the worst impulses of this administration." It was not enough. Sen. Bill Cassidy of Louisiana — who voted to convict Trump in the 2021 impeachment and had been the last uncertain Republican — announced Friday he would back Blanche, becoming the decisive vote. With Sen. Mitch McConnell absent (recovering after a June fall), Cassidy's support made it 50-49, sparing even a Vance tiebreak. The nomination was in genuine peril for weeks; in the end it held by one vote. The man most of the corruption catalogued in this archive runs through is now, with the full permanent authority of the office and no "acting" qualifier, the chief law-enforcement officer of the United States.

Todd Blanche Killed His $1.8 Billion Rioter Fund to Buy Off Two Republican Holdouts and Squeaked Out of Committee 12-10 — Then a Second Republican, Lisa Murkowski, Came Out Against Him Anyway, Saying "The Country Needs an Attorney General Who Will Check the Worst Impulses of This Administration," Leaving Trump's Personal Lawyer's Path to Run the DOJ Hanging by a Single Vote

On August 7, 2026, Sen. Lisa Murkowski (R-Alaska) announced she will vote against Todd Blanche — Trump's former personal criminal-defense lawyer and acting attorney general — for the permanent job. She becomes the second Republican "no," joining Sen. Susan Collins (R-Maine), and her reasons cut to the heart of it: "The country needs an Attorney General who will check the worst impulses of this administration." Murkowski cited the Justice Department's handling of the Jeffrey Epstein files, the sweeping tax-audit immunity deal engineered for Trump, and the proposed $1.8 billion "anti-weaponization" fund to compensate the president's allies. What makes the defection sting is that Blanche had already paid the ransom to survive: to win over earlier holdouts John Cornyn and Thom Tillis, he formally rescinded the $1.8 billion fund and clarified the scope of Trump's IRS immunity deal, then scraped out of the Senate Judiciary Committee on a party-line 12-10 vote. Killing the fund got him out of committee; it did not make him confirmable. With Republicans holding a 53-47 majority and Mitch McConnell absent for medical reasons, Blanche can afford to lose only two GOP votes — and Collins and Murkowski are those two. His confirmation now rests entirely on Sen. Bill Cassidy (R-Louisiana), an outgoing senator who has bucked Trump before. Trump's hand-picked loyalist to run the Justice Department is one Republican vote from failing.

For the Second Time, the House Formally Voted to Order Trump to End His War in Iran — 214-208, With Four Republicans Crossing the Aisle — Because Congress Never Authorized the War, Troops Are Dying in It, and He Ignored the Last Resolution Telling Him to Stop

On July 23, 2026, the House of Representatives passed a war powers resolution, 214-208, directing President Trump to "remove the use of United States Armed Forces from hostilities against the Islamic Republic of Iran." It was sponsored by Rep. Pramila Jayapal (D-WA), and four Republicans — Thomas Massie (KY), Brian Fitzpatrick (PA), Warren Davidson (OH), and Tom Barrett (MI) — crossed the aisle to support it. It was the House's fifth vote on a measure to rein in Trump's Iran military actions, and only the second time it has successfully adopted one. The vote came days after four U.S. service members were killed in the Middle East and weeks after the ceasefire and memorandum of understanding Trump paraded as a triumph collapsed — he declared the MOU "over" and, on July 10, formally notified Congress that fighting had resumed. Congress never authorized this war; there is no AUMF for Iran, and under the Constitution the power to take the country to war belongs to the legislature. Jayapal called it "a big victory for the vast majority of the American people who want President Trump to end this illegal war," saying the House was "reasserting our authority over war." The Senate was set to vote the same day on a companion resolution from Sen. Chris Van Hollen (D-MD). But the resolution is a concurrent measure that does not go to the president for signature and cannot, by itself, force him to withdraw — the same kind Congress passed in June, which Trump simply ignored as he restarted the war. The vote is a genuine bipartisan rebuke and a real constitutional assertion. It is also a portrait of a broken check: the branch the Constitution entrusts with the power of war telling the president to stop, twice, while he wages on.