A new Office of Legal Counsel memo says private presidential advisers can refuse subpoenas by invoking the president’s executive privilege, extending protections beyond government officials.
That reading would make it harder for Congress and courts to compel testimony in investigations of presidential wrongdoing, because privilege claims can delay or stall proceedings even when later rejected.
The memo goes further than a 2019 OLC opinion used to back Don McGahn’s refusal to testify during the Mueller-era inquiry; courts ultimately forced movement only after years of litigation and a closed-door settlement.
Historical precedent cuts against the broader claim: courts rejected similar privilege bids by Richard Nixon, Bill Clinton and, in key respects, Thomas Jefferson when evidence or testimony was sought.
Commentators cited in the report say the timing may reflect preparation for future congressional investigations if the House or Senate changes hands, raising the stakes for executive accountability.