Trump's new attorney general issues sweeping order to protect the president's private messages if Democrats take power

By BREANNE DEPPISCH, US SENIOR POLITICAL REPORTER Published: 17:15, 11 August 2026 | Updated: 17:19, 11 August 2026 A new directive from the Justice Department would give President Donald Trump sweeping protections to safeguard his private messages. It's an apparent bid to head off Democrat-led congressional probes this fall should Democrats take control of the House of Representatives or Senate.  The memo was published by DOJ's Office of Legal Counsel. It comes hours after Trump's attorney general nominee, Todd Blanche, was sworn into office to formally head up the Justice Department. The OLC memo seeks to give Trump broad authority to shield his communications under the guise of executive privilege, including communications and messages with advisers, outside individuals, and private citizens. And it could significantly curtail Democrats' ability to issue records requests and subpoena certain witnesses in Trump's orbit, should they retake control of the House or Senate in the midterm elections this November.  The OLC memo, signed by Assistant Attorney General T. Elliot Gaiser, would drastically broaden the scope of 'private advisers' protected under executive privilege.  It would expand the privilege to private citizens, state officials, and people working in other branches of the federal government, so long as the communications 'relate to official presidential decision making, or involve or reflect communications with the President or his advisers, and are confidential,' according to the text of the memo.  The new OLC directive comes as Trump routinely cited executive privilege in refusing to comply with Democrat-led subpoenas and investigations during and after his first presidential term.  Trump and his then-personal lawyer, Todd Blanche, speak to the press outside the Manhattan Criminal Court in New York City. Blanche was just confirmed over the weekend to lead DOJ The OLC memo seeks to give Trump broad authority to shield his communications under the guise of executive privilege  Then-Acting Attorney General Todd Blanche and FBI Director Kash Patel are seen at a press briefing in Washington, DC  Trump cited executive privilege in a bid to head off Democrats from obtaining White House visitor logs, from subpoenaing his former advisers, and blocking requests for other information as part of their investigations into the Jan. 6, 2021, US Capitol riot. The memo from OLC represents a legal position from the Justice Department, and is not an official ruling. Still, the memo seeks to drastically expand the scope of materials that Trump could ostensibly cite as being covered by executive privilege - opening the door to broader criticism from Democrats, and from former Justice Department officials and career employees. Former DOJ employees have criticized Blanche and other senior officials of 'politicizing' the Justice Department during Trump's second White House term - including by launching criminal investigations into Trump's most outspoken political foes, and by firing or otherwise penalizing career officials who resisted these efforts.  But that's not to say Congress would be without options, should Democrats retake the majority of the House, Senate, or both in the midterm elections.  Though Democrats' chances of winning a Senate majority remain slim, recent polling suggest there is room for optimism in the House.  A new Kalshi forecast gives Democrats an 85 percent chance of retaking the House majority in November, compared to a roughly 15 percent chance for Republicans. Then-Acting Attorney General Todd Blanche is seen prior to his testimony before the Senate Judiciary Committee in July  Trump spoke during a rally in Washington, DC, protecting the electoral college certification of his predecessor, Joe Biden on January 6, 2021 Then-Reps. Liz Cheney, Adam Schiff, and Adam Kinzinger are seen during a House select committee hearing investigating the Jan. 6, 2021 riot at the US Capitol  The new OLC memo states that Congress, in seeking information from the executive branch, may overcome the higher burden of proof by demonstrating that the information in question is 'demonstrably critical' to carrying out its constitutional responsibilities.  It is unclear how exactly that process might play out, and the memo did not go too far into specifics. The OLC memo could give Trump and future presidents broad legal cover to resist subpoenas from Congress, including documents requests, requests for communications between a President and their direct advisers, as well as private citizens or consultants.  A Justice Department official said that the new order 'reaffirms' the longstanding position of OLC going back to 1972.