US legal developments involve executive privilege and FBI investigation records

The Department of Justice’s Office of Legal Counsel has issued a new opinion regarding executive privilege. The document states that the president may extend this privilege to advisers who do not work within the White House but provide official advice, provided the communications are confidential and relate to official presidential decision-making.

This ruling could potentially shield outside counsel and other non-White House advisers from future congressional subpoenas and legal investigations. The opinion notes that the purpose of executive privilege is to protect the government’s decision-making processes.

Separately, newly declassified documents have been released regarding the origins of the 2017 FBI investigation into President Trump. The documents identify FBI General Counsel James Baker and Counterintelligence Division Assistant Director E. W. “Bill” Priestap as the officials who approved the investigation into whether the president was directed by or coordinated activities with Russia. The records also detail the chain of command involving Acting FBI Director Andrew McCabe and Deputy Attorney General Rod Rosenstein, who appointed Special Counsel Robert Mueller shortly after the probe was initiated.