DOJ Executive Privilege Opinion Portends 3rd Party Dilemmas

By Michael Bopp, Jillian Katterhagen and Kareem Ramadan ( September 9, 2026, 3:32 PM EDT) -- On Aug. 10, the U.S. Department of Justice's Office of Legal Counsel issued an opinion concluding that executive privilege can shield the president's communications with private advisers — individuals outside the executive branch — 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.[1]...

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