Key facts
- The White House is preparing for potential Democratic investigations.
- Aides are seeking lawyers and guidance on congressional inquiries.
- The administration is expanding the definition of executive privilege to cover communications with private advisers.
- A Justice Department memo from August 10 supports this expanded definition.
- Democrats plan to investigate specific officials and outside entities, focusing on corruption.
- Will Scharf has been appointed White House counsel to manage the response.
The White House is actively preparing for potential investigations by Democrats, should they gain control of Congress. This includes discreetly seeking legal representation for President Trump, his family, and administration officials, as well as expanding the scope of executive privilege to cover communications with private advisers. A recent Justice Department memo from August 10 supports this expanded definition, asserting that communications with non-government advisors can be protected if they relate to official presidential decision-making and are confidential.
The administration's legal team is also briefing political appointees on how to respond to congressional inquiries and emphasizing careful documentation practices. This proactive approach contrasts with the White House's response in 2019, aiming for a more robust defense against what they anticipate will be a significant number of oversight requests.
Democrats, meanwhile, are reportedly planning to focus on alleged corruption, including self-enrichment and foreign payments, targeting both administration officials and outside entities. The White House is also restructuring its legal response team, with Will Scharf recently taking over as White House counsel to lead these efforts.
Legal experts suggest that combining the expanded executive privilege with Supreme Court rulings limiting congressional oversight powers could create a strong legal shield for the administration, though it may also create complex situations for companies caught between the White House and congressional demands.