Attorney General Todd Blanche said the Justice Department's new opinion on executive privilege is not a novel legal concept during a Sunday appearance.
The decision is significant because it clarifies whether a president can shield communications with private citizens from public or legal disclosure. While typically applied to government employees, this interpretation extends the scope of presidential confidentiality to outside advisers.
Blanche appeared on Fox News Sunday to dismiss criticism of the Justice Department's memorandum. He said the document does not represent a new legal theory but instead restates established legal principles regarding the powers of the presidency [1].
According to a Department of Justice memorandum, executive privilege resides with the president and is asserted by him, even though private advisers are not subordinate to the president in the same manner as Executive Branch employees [2]. The memo was issued one day after Blanche was sworn in as Attorney General [3].
Critics have challenged this interpretation. Editorial staff at Truthout said the memo expands executive privilege to include the president’s talks with private citizens [4]. This creates a contradiction between the administration's view of the memo as a restatement of law, and the view of critics who see it as an expansion of power.
Blanche maintained that the legal basis for the opinion is already existing. "It's not any novel legal concept," Blanche said [1].
“"It's not any novel legal concept."”
This DOJ opinion shifts the boundary of presidential confidentiality by formally including non-government advisers. If upheld, it limits the ability of congressional committees or courts to compel testimony or documents regarding a president's private consultations, potentially reducing transparency in how executive decisions are reached.
