The U.S. Department of Justice quietly released a memo on Monday through its Office of Legal Counsel (OLC) asserting that the president possesses the legal authority to withhold communications with "private advisers" from Congress, even when lawmakers request them through formal legal channels, provided the communications "relate to official presidential decisionmaking."

The OLC serves as the Justice Department's in-house legal adviser, issuing opinions that are binding on the executive branch but not on courts or Congress. Its interpretations can be—and routinely are—challenged in federal court when disputes between the legislative and executive branches escalate beyond negotiations.

Punchbowl News founder Jake Sherman flagged the opinion on Tuesday, warning that it carries significant implications for congressional oversight.

"[The opinion] extends to 'direct advisors' communication with outside advisers," Sherman wrote in a post on X. "Big implications if Dems take back the House and start investigating Trump."

🚨BREAKING NEWS — top of @PunchbowlNews DOJ office of legal counsel has issued an opinion that would allow the president to claim executive privilege over communication between him and "private advisors." Extends to "direct advisors" communication with outside advisers. Big… pic.twitter.com/15FSWTkU9L — Jake Sherman (@JakeSherman) August 11, 2026

According to Punchbowl News' Tuesday morning newsletter, the DOJ's position would effectively enable any president—including President Donald Trump—to shield a broad category of communications from congressional scrutiny. The newsletter noted that the opinion arrives as Democrats appear increasingly likely to win back the House and with it, subpoena power.

The opinion significantly widens the traditional scope of executive privilege, which courts have recognized as rooted in the separation of powers but have also subjected to limits. In United States v. Nixon (1974), the Supreme Court ruled that executive privilege is not absolute and must yield when outweighed by the needs of the criminal justice system. The OLC memo's extension of privilege-like protections to communications with private, non-government advisers tests boundaries that federal courts have not squarely addressed, legal analysts note.

House Democrats have already been developing a strategy to hold Trump accountable in the event of a strong showing in the midterm elections, a plan centered on probing Trump-linked businesses. The OLC's new memo could permit the Trump administration to withhold records related to those same businesses, so long as the communications in question involve presidential decisionmaking.

Recent polling underscores the political stakes. Decision Desk HQ's generic congressional ballot average currently places Democrats ahead of Republicans by approximately 6 points, at 46% to 40%—a margin the party has maintained since April.

If a future House majority moves to enforce subpoenas against such privilege claims, the conflict would likely follow the path of prior executive-legislative disputes: through contempt proceedings and, ultimately, federal litigation where courts—not OLC—would have the final word on what must be disclosed.

The OLC opinion was first highlighted at the top of Punchbowl News on Tuesday morning.

The full X post from Sherman is available here.