New DOJ Memo Broadens Presidential Privilege to Include Private Advisers

The DOJ's Office of Legal Counsel released a 21-page memo concluding that presidential communications privilege can cover conversations with private advisers if they relate to official decisions and remain confidential, broadening the scope beyond inside-government staff. The memo cites historical presidents' use of outside advisers and notes the line between official and personal decisions may blur. The move comes amid ongoing litigation with the ABA over subpoenas to Boris Epshteyn, with DOJ seeking to shield his communications as privileged; ABA critics call the timing self-serving and question the breadth of the privilege.