Trump memo could limit Democrats’ investigations if they win Congress

A new Justice Department memo could make it more difficult for Congress to obtain information from President Donald Trump and his outside advisers if Democrats regain control of the House after the November elections.

The memo, issued Monday by the Justice Department’s Office of Legal Counsel, says executive privilege can extend to communications between the president and advisers who do not work for the federal government.

The opinion takes an expansive view of presidential privilege, arguing that presidents may rely on private individuals for advice and should be able to keep those conversations confidential when they involve official duties.

The issue could become especially important if Democrats regain subpoena power and launch investigations into the Trump administration.

Legal experts say the question of whether executive privilege applies to a president’s communications with private advisers has never been directly tested in court. While Justice Department legal opinions do not carry the same authority as a court ruling, they generally guide how the executive branch interprets the law.

The memo could also play a role in an ongoing legal dispute involving the American Bar Association and the Trump administration. The Justice Department has cited executive privilege in seeking to block subpoenas involving Boris Epshteyn, a Trump ally and personal attorney who does not work in the administration.

The administration has argued that protecting communications with outside advisers is necessary to ensure presidents can receive candid advice without concerns that those conversations could later become public.

The DOJ memo points to previous presidents, including Andrew Jackson and Franklin D. Roosevelt, who relied on private advisers.

The opinion comes as the Trump administration faces legal challenges over executive power and as both parties prepare for the November midterm elections.

If Democrats take control of Congress, the expanded interpretation of executive privilege could become a major point of contention between lawmakers and the White House.