OLC says executive privilege can shield Trump’s talks with outside advisers

What happened

The Justice Department’s Office of Legal Counsel concluded in a 21-page opinion dated August 10, 2026 that executive privilege can cover the president’s communications with private advisers. Assistant Attorney General T. Elliot Gaiser signed it for the Counsel to the President.

The privilege applies so long as the communications relate to official presidential decisionmaking, involve or reflect communications with the president or his direct advisers, and are confidential. The opinion defines private advisers as anyone consulted outside the executive branch.

The opinion says it memorialized advice already given. It relied on a 2007 opinion by Acting Attorney General Paul Clement and the D.C. Circuit’s In re Sealed Case. It relied on a 2007 opinion by Acting Attorney General Paul Clement and on the D.C. Circuit’s In re Sealed Case, and it runs 21 pages.

Who benefited

Trump can claim executive privilege over his conversations with anyone outside government who advises him. The opinion sets three conditions: official decisionmaking, a link to the president or his direct advisers, and confidentiality. The opinion sets three conditions: official presidential decisionmaking, a link to the president or his direct advisers, and confidentiality. It memorialized advice already given.

Who wanted something

The Counsel to the President received an opinion extending privilege to outside advisers, and the opinion says it records advice already given. The opinion says it memorialized advice the Office of Legal Counsel had already given.

Who lost out

Anyone trying to learn who outside government is advising the president now faces a claim of privilege over those conversations. The opinion defines a private adviser as anyone consulted outside the executive branch. The opinion defines a private adviser as anyone consulted outside the executive branch, so the claim could reach any outside person the president consults on an official decision.

Why it matters

The opinion extends executive privilege to anyone the president consults outside the executive branch, so long as the talks concern an official decision and are confidential. It was written after the advice it covers. It was written after the advice it covers, and it is signed by Assistant Attorney General T. Elliot Gaiser for the Counsel to the President.

Sources DOJ Office of Legal Counsel (primary)CBS Newslaw.co (mirror of OLC text)