08/15/2026
Attorney General Todd Blanche broke his promises to Republican senators within hours of being sworn in, issuing a sweeping new legal memo Monday evening that significantly expands executive privilege protections for President Donald Trump.
The memo, published by the Department of Justice Office of Legal Counsel hours after Blanche's swearing-in ceremony, argued that Trump could claim executive privilege over communications with his "private advisers," provided the communications were confidential and related to presidential “decisionmaking.” The memo also appeared to extend privilege protections to communications between the president's "direct advisers" and private citizens.
The move directly undermines the commitments Blanche made to Republican senators to secure his confirmation. Senators Bill Cassidy, John Cornyn, and Thom Tillis had extracted written assurances from Blanche that he would limit the scope of presidential immunity before dropping their opposition to his nomination. Blanche was confirmed 50-49 in a 4:17 AM Senate vote on August 8.
Senate Minority Leader Chuck Schumer said Tuesday the memo revealed Trump was "petrified of the questions a Democratic Congress will demand answers to." If Democrats retake the House in November's midterm elections, the expanded privilege protections could significantly complicate any congressional investigation into the president or senior administration officials.
