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Trump pushes to broaden executive privilege to private advisers

The Justice Department’s Office of Legal Counsel has issued an opinion that could extend executive privilege to Donald Trump’s informal advisers, including Boris Epshteyn.

The Justice Department’s Office of Legal Counsel released a legal opinion asserting that executive privilege can cover communications between the president and private advisers, provided the exchanges relate to official decision-making, involve the president or his direct staff, and are kept confidential. Assistant Attorney General T. Elliot Gaiser articulated this view while courts deliberate over demands for testimony and records from Boris Epshteyn, a longtime Trump confidant who has been described as the president’s “psychiatrist.”

Epshteyn, a lawyer and political strategist, has also been implicated in arranging pro bono legal work for firms pressured by the White House and is under investigation for alleged personal profit. Extending privilege to such “kitchen cabinet” members marks a departure from traditional limits that applied only to formal government employees. Opponents argue the move could shield unofficial influencers from accountability and spark a constitutional showdown with congressional investigators and prosecutors. If upheld, the precedent could permanently reshape the boundaries of presidential authority.

Why it matters

It could redefine how far presidential secrecy extends, affecting oversight of private advisers.

In this story

executive privilegekitchen cabinetprivate adviserslegal opinionconstitutional battlecongressional oversightpresidential power