The Justice Department quietly released a memo Monday that could have “big implications” for Democrats seeking to hold President Donald Trump accountable should they retake control of Congress in the midterms, Punchbowl News founder Jake Sharman warned Tuesday.
The memo, issued by the DOJ's Office of Legal Counsel, asserts that the president has the legal right to withhold his communications with "private advisers," even when Congress requests them through legal channels, so long as “they relate to official presidential decisionmaking.”
“[The opinion] extends to ‘direct advisors’ communication with outside advisers,” Sharman wrote Tuesday in a social media post on X. “Big implications if Dems take back the House and start investigating Trump.”
Punchbowl News noted in its Tuesday morning newsletter that the DOJ's position would effectively block congressional inquiries into Trump's communications, which could be key to Democrats' efforts to probe his business and other dealings.
“That would let any president – including President Donald Trump – wall off a broad swath of communication from congressional scrutiny,” Punchbowl News’ report reads. “It lands as Democrats look increasingly likely to win back the House – and subpoena power.”
House Democrats have already been advancing a plan to “hold Trump accountable” should they have a strong showing in the midterms, one that relies on probing Trump-linked businesses. The DOJ's new memo could allow the Trump administration to withhold records from those same Trump-linked businesses, so long as the communications in question involve presidential decisionmaking.
Recent polling shows Democrats with a lead in the generic congressional ballot, with Decision Desk HQ's average putting the party ahead of Republicans by roughly 6 points, 46% to 40%, a margin Democrats have held since April.
🚨BREAKING NEWS — top of @PunchbowlNews
DOJ office of legal counsel has issued an opinion that would allow the president to claim executive privilege over communication between him and “private advisors.” Extends to “direct advisors” communication with outside advisers.
Big… pic.twitter.com/15FSWTkU9L
— Jake Sherman (@JakeSherman) August 11, 2026