#executive-privilege

Asked on Live Television Whether He Would Pledge That the Justice Department Would Be Independent of the White House, the Newly Confirmed Attorney General — Trump's Former Personal Lawyer — Said "No, I'm Not Going to Pledge That," Confirming Out Loud, Days After His 50-49 Confirmation, Exactly What His Critics Warned

Just over a week after the Senate confirmed him 50-49, Attorney General Todd Blanche — Trump's former personal criminal-defense lawyer — went on NBC's "Meet the Press" and was asked the simplest question about his new job: would he pledge that the Justice Department would be independent of the White House? His answer: "No, I'm not going to pledge that." He said he would take President Trump's views into account in directing federal law enforcement, while insisting he would act with integrity and "prosecute without fear or any sort of favor," and that Trump would never cross a "legal line." He also publicly backed U.S. Attorney Jeanine Pirro after Trump criticized her for dropping a prosecution, and defended the DOJ opinion extending executive privilege to Trump's private advisers. The post-Watergate norm — that the Justice Department does not take direction from the president on who to investigate and charge — is the single most important guardrail against a law-enforcement apparatus turned into a political weapon. Two Republican senators, Collins and Murkowski, voted against Blanche precisely because they feared he would erase it. Days later, on national television, he confirmed they were right: he would not even pledge the independence the office is supposed to embody. He is not hiding the answer. He is stating it.

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.