The Trump administration has formally stated that executive privilege applies to communications between President Donald Trump and his advisers who are not part of the government. This assertion was made in a memo by the Justice Department’s Office of Legal Counsel, which argued that restricting executive privilege to only intragovernmental communications would hinder the president’s ability to effectively discharge his duties.

Background

Historically, presidents have relied on private advisers for counsel, and the Trump administration is no exception. The question of whether executive privilege extends to these communications has never been directly tested in court. However, the Justice Department’s memo cites past instances where executive privilege has been asserted for communications between the president and private advisers.

The memo also references a 2007 Office of Legal Counsel opinion that stated executive privilege applies to communications between Congress and the White House regarding the firing of US attorneys. The Trump administration’s assertion of executive privilege is likely to be relevant in an ongoing legal case involving Boris Epshteyn, a personal attorney to President Trump who has been subpoenaed for testimony and documents.

Implications

The Justice Department’s memo has significant implications for the Trump administration’s dealings with Congress and the courts. If the assertion of executive privilege is upheld, it could limit the ability of lawmakers and judges to access information about the president’s decision-making process. On the other hand, if the assertion is rejected, it could lead to a broader disclosure of information about the president’s communications with private advisers.

Original reporting: KTBS 3 (Shreveport) — read the source article.