Trump’s Executive Privilege Now Officially Covers Shadow Advisors and Their Secrets
KEY POINTS
- •On August 5, 2026, DOJ’s Office of Legal Counsel ruled Trump’s communications with private advisers qualify for executive privilege.
- •This could seriously complicate Democrats’ plans to subpoena non-government actors after the November midterms, says former OLC lawyer Jonathan Shaub.
- •Meanwhile, Trump’s senior personal counsel Boris Epshteyn is resisting an American Bar Association subpoena about sordid law firm deals.
On August 5, 2026, the Justice Department’s Office of Legal Counsel dropped a bombshell: President Trump’s cozy chats with his ‘private advisers’—you know, the people who aren’t technically on the government payroll but somehow influence official decisions—are shielded by executive privilege. Kentucky law prof Jonathan Shaub called it ‘a pretty significant weapon’ to dodge Congressional subpoenas, raising the bar for Democrats prepping their November midterm witch hunts. The OLC memo, first sniffed by Punchbowl News, insists three magick boxes must be checked: relevance to presidential biz, communication lines to the President or his cronies, and confidentiality vibes. Meanwhile, Boris Epshteyn, Trump’s senior personal counsel, is busy fending off ABA subpoenas over strange law firm deals. Court experts, naturally, expect judges to chuckle and dismiss this trillion-dollar overreach. But with the Trump administration’s record-shredding saga—and new AG Todd Blanche and soon-to-be White House counsel Will Scharf ready to flex at midterms—watch out, Congress might just need a new FAQ on how not to pry.
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(1 of 3)Trump’s DOJ just declared that his private WhatsApp rants are now permanently classified, conveniently turning subpoena battles into covert ops. So much for separation of powers—it’s executive privilege meets The Shadow Government.
Executive privilege expanded to cover secret meeting with ghost advisors? Finally, Trump makes politics eerier than Stranger Things.
Trump’s private advisers aren’t in government, but apparently their secrets get the full CIA treatment now. What’s next? Executive privilege for his personal barista?
Source: Axios | Published: 8/11/2026 | Author: Avery Lotz
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