Todd Blanche issues privilege opinion hours after Senate confirmation, drawing backlash
Key Takeaways
- •Attorney General Todd Blanche issued an Office of Legal Counsel opinion expanding executive privilege to cover private citizens advising President Trump, a departure from its traditional scope limited to government employees and official White House staff.
- •Blanche was confirmed by the Senate in a 50-49 vote after Republican holdouts obtained written assurances that the Department of Justice would maintain its independence.
- •The American Bar Association contends that communications from outside advisors like Boris Epshteyn cannot be privileged because he operates as a private citizen, directly conflicting with the new OLC opinion.
- •Trump outside advisor Boris Epshteyn and Steve Bannon are named in active court filings as participants in a scheme to pressure major law firms.
- •The disagreement between the OLC memo and opposing legal positions is expected to prompt a court test over whether executive privilege can extend beyond government personnel.
Attorney General Todd Blanche issued a Justice Department Office of Legal Counsel opinion hours after being sworn in, moving immediately to reshape the boundaries of presidential secrecy.
The opinion extends executive privilege — the protection that allows presidents to keep internal advice secret — to private citizens advising President Donald Trump. Historically, executive privilege has been understood to cover government employees and official White House staff, not unpaid outside advisors operating in a private capacity. OLC opinions are considered binding within the executive branch, though they are not law and federal courts retain authority to reject their reasoning.
The Senate confirmed Blanche in a 50-49 vote, NPR reported, after Republican holdouts secured written assurances that the Department of Justice remains independent. The rapid issuance of a privilege-expanding opinion so soon after those assurances has drawn scrutiny from legal observers and Democratic lawmakers.
Politico's Josh Gerstein argued that the Justice Department Office of Legal Counsel opinion coincided with demands for Boris Epshteyn's testimony.
Epshteyn, Trump's outside advisor, and MAGA podcaster Steve Bannon are named in active court filings as operatives in a scheme to pressure major law firms, Raw Story reported.
The American Bar Association argues that Epshteyn's communications cannot be privileged precisely because he is a private citizen, the category now covered by Blanche's new opinion. The clash between that position and the OLC memo sets up a likely court test over whether the privilege can be stretched beyond government personnel — a question with significant implications for congressional oversight and private-sector intermediaries who advise presidents informally.
Former Meet the Press host Chuck Todd reacted to the news on social media: "So the WH is trying to extend executive privilege to private citizens that communicate with POTUS/WH."
"Legally dubious for sure, but the mere existence of this memo is the WH acknowledging a future with Cong subpoenas targeting the private sector who did 'deals' with Trump and his family and friends."
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