The Department of Justice’s Office of Legal Counsel (OLC) issued a formal opinion on Monday stating that the president’s executive privilege extends beyond official White House staff to include private advisers. This legal interpretation suggests that the president may withhold information regarding communications with individuals who do not hold formal government positions, provided those communications are related to presidential decision-making.

Legal experts note that this opinion serves to broaden the scope of executive privilege, a power historically used to protect the confidentiality of internal White House deliberations. By including private advisers, the DOJ is establishing a framework that could be utilized to limit the reach of congressional investigations. If applied, this policy would allow the administration to argue that testimony or documents involving outside consultants are protected from legislative subpoenas.

The OLC opinion functions as a formal guidance document for the executive branch. While it does not carry the force of a court ruling, it provides the legal justification for the administration to challenge congressional requests for information. Critics of the move argue that expanding the definition of executive privilege could undermine congressional oversight and transparency, while supporters maintain that the president requires candid advice from a variety of sources, regardless of their formal employment status, to effectively discharge executive duties.