New DOJ Memo Gives Trump Sweeping Authority to Shield His Communications From Congress

President Donald Trump speaks at Rockland Community College, Friday, May 22, 2026, in Suffern, N.Y. Alex Brandon/AP Photo

A new memo from the Department of Justice has given President Donald Trump sweeping new authority to hide his communications with private advisers from public view — and even allows advisers themselves to shield their communications with private citizens, according to a report.

The memo, issued by the Justice Department’s Office of Legal Counsel, contends the president’s “executive privilege” covers the policy.

“Executive privilege can apply to presidential communications with private advisers so long as the communications relate to official presidential decision making, involve or reflect communications with the President or his direct advisers, and are confidential,” according to the document, first reported by Punchbowl News’ Jake Sherman.

The memo, signed by Attorney General T. Elliot Gaiser, defines “private advisers” broadly.

“For the purposes of this memorandum, we use the term “private advisers” to include anyone the President consults outside the Executive Branch, whether they be members of the public, state officials, or employees of other branches of the federal government,” according to the document.

The move gives Democrats — should they regain power in the November midterms — a wide area to target with subpoenas during any potential investigations of Trump and his administration, Punchbowl noted.

“Big implications if Dems take back the House and start investigating Trump,” Sherman posted on X.

Trump previously tried and failed to exert executive privilege over the White House visitor logs from his first term, and repeatedly attempted to use the legal maneuver during the Jan. 6 proceedings over the 2021 Capitol riots.

The president is also notorious for having allegedly taken classified documents with him to Mar-a-Lago when his first term ended. The documents were later revealed to be those that pertained to his business interests.

“Trump possessed classified documents pertinent to his business interests — establishing a motive for retaining them. We must have those documents,” according to a January 2023 memo from then Special Prosecutor Jack Smith, which was reported by MS NOW.

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