On August 10, 2026, DOJ’s Office of Legal Counsel issued an opinion concluding that executive privilege may protect certain presidential communications with private advisers who hold no formal government role.

The opinion establishes a generally applicable Executive Branch position that private status alone does not place communications outside the presidential communications privilege. Instead, the analysis turns on whether the communications concern official presidential decision-making, involve the President or his direct advisers, and remain confidential.

We examine the opinion’s reasoning, its limits, and the implications for congressional investigations seeking testimony or records from private presidential advisers.  Click here to read the full post.