An open letter to the U.S. Congress

Oppose DOJ's Unlawful Expansion of Executive Privilege

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Push back hard on the DOJ's new executive privilege opinion, issued the day after Todd Blanche was sworn in as attorney general. This memo, signed by assistant attorney general T. Elliot Gaiser, stretches privilege beyond any historical precedent — covering presidential communications with private citizens, state officials, and even members of Congress. That's not executive privilege. That's a blueprint for total immunity. Executive privilege has always been limited to communications within the executive branch. Courts have repeatedly ruled it is not absolute. This opinion blows past those boundaries and hands the administration a self-grading test: they decide what counts as "official decisionmaking," and they decide what's "confidential." There is no meaningful check on that power. Legal analyst Amee Vanderpool put it plainly — this opinion "significantly raises the stakes surrounding both the assertion of executive privilege and decisions regarding compliance with congressional subpoenas." Congress cannot allow this to stand unchallenged. If Democrats win either chamber in November, this memo will be used to block every subpoena, bury every investigation, and shield every backroom deal from public view. Speak out against this opinion now, commit to fighting any attempt to invoke it, and make clear that no president gets to rewrite privilege doctrine to protect himself from accountability.

▶ Created on August 11 by Jessica

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