Justice Department says Trump's outside advisers can be blocked from testifying

Progressive policy ambitions meet practical realities as Americans weigh costs and consequences.

Source: Washington Times
1 min read
Why This Matters

The DOJ memo is a preview of the next two years, not just a legal opinion. Democrats are gearing up for subpoena season the moment they think they have gavels, and this is the administration saying it understands the fight coming and isn't going to pretend outside advisers are fair game just because they never drew a government paycheck. That's not some radical invention.

New Republican Times Editorial Board

Justice Department says Trump's outside advisers can be blocked from testifying
Image via Washington Times

A new Justice Department memo says President Trump can extend executive privilege to private advisers outside of the government, a legal conclusion that expands the number of individuals who could be shielded from congressional probes as Democrats prepare investigations ahead of a possible midterm victory.

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Read at Washington Times

How We See It

New Republican Times Editorial Board

The DOJ memo is a preview of the next two years, not just a legal opinion. Democrats are gearing up for subpoena season the moment they think they have gavels, and this is the administration saying it understands the fight coming and isn't going to pretend outside advisers are fair game just because they never drew a government paycheck. That's not some radical invention. Presidents have leaned on informal advisers for as long as the office has existed, and pretending those conversations deserve zero protection just because the adviser's badge says "consultant" instead of "staff" was always a legal fiction waiting to be tested.

That said, we should be honest about what this actually does. It doesn't just protect a handful of people. It widens the umbrella to cover a category that's inherently squishier than "White House staff," which means more fights over who counts, more litigation, more stonewalling on both sides depending on who's in power. Republicans cheering this today should remember they'll be furious about the exact same memo the next time a Democratic administration cites it to keep some donor-turned-shadow-adviser out of a hearing room.

The deeper issue is that Congress keeps losing these fights not because the law is unclear but because nobody wants to actually litigate it to a real conclusion. Privilege claims get thrown up, everyone yells, the clock runs out, and the next administration inherits the same argument. If Democrats want to test this memo, they can take it to court instead of just complaining about it in press conferences. That's how you actually settle what "executive privilege" covers instead of relitigating it every time the House flips.

Commentary written with AI assistance by the New Republican Times Editorial Board.