A memo from the Justice Department’s Office of Legal Counsel has thrown a wrench into Democratic plans to investigate President Donald Trump’s allies. The memo, written by Assistant Attorney General Elliot Gaiser, states that private advisors to the president are protected by executive privilege as long as their conversations relate to official decision-making.

Executive Privilege

The memo notes that the need for presidential confidentiality applies to communications with private advisers, just as it does with government officials. This means that private citizens who have offered advice to Trump or White House staffers about official presidential duties can claim executive privilege if they’re subpoenaed by Congress.

The presidential communications privilege is rooted in the need for confidentiality to ensure that presidential decision-making is of the highest caliber, informed by honest advice and full knowledge. Without a promise of confidentiality, the President’s ability to ‘decide and act quickly’ on matters of unrivaled importance would be seriously hindered.

Historical Precedent

The memo points to a long history of presidents seeking advice from people outside the federal government. For example, Andrew Jackson had his informal ‘Kitchen Cabinet,’ while Franklin D. Roosevelt turned to a group of academics known as his ‘Brain Trust.’ Grover Cleveland consulted financier J.P. Morgan during a Treasury gold shortage, and Lyndon B. Johnson sought advice from trusted friends outside the government during the Vietnam War.

Senate Minority Leader Chuck Schumer criticized the memo, saying it shows that Trump is scared of accountability and is trying to cover up his communications with private advisers and special interest cronies.

Original reporting: Fox News (HLL/CB) — read the source article.