Understanding Executive Privilege: Implications for Presidential Communication and Congressional Oversight
A recent memo from the Justice Department's Office of Legal Counsel states that the president has the authority to claim executive privilege over discussions with private advisers if they pertain to official presidential decision-making, involve communications with the president or his close advisers, and are kept confidential. This privilege also extends to communications between the president's advisers and private individuals. This development could potentially shield a significant amount of communication from congressional oversight, particularly as Democrats are poised to regain control of the House and gain subpoena power.