The Justice Department’s Office of Legal Counsel has issued a new opinion that may protect President Trump’s outside advisers from congressional and legal investigations. The 21-page opinion, released on Monday evening, explains that the president can extend executive privilege to advisers who are not government employees but offer direct advice.

Executive privilege allows the president to keep certain communications within the executive branch confidential. According to the opinion, this privilege can apply to private advisers if the conversations are confidential, involve official presidential decision-making, and occur between the president and his advisory team.

This opinion is not legally binding but holds significant implications as it comes before a pivotal midterm election when the Democrats might gain control of Congress, potentially leading to investigations. These investigations may expand to cover more individuals who could be shielded from future testimonies or inquiries.

Traditionally, executive privilege has been used by the president to protect conversations with executive branch staff, such as White House lawyers. The new opinion could now safeguard Trump’s external legal counsel and advisers against revealing information in any future congressional or legal settings.

“At bottom, the purpose of executive privilege is to protect the government’s decision-making processes,” stated the opinion, signed by Assistant Attorney General T. Elliot Gaiser, who oversees the Office of Legal Counsel.

The opinion underscores that presidential confidentiality ought to apply equally to interactions with private advisers as it does with government officials. A president may find that a private adviser offers critical insights or experiences necessary to make informed decisions beyond what government employees can provide.

This development follows a prior opinion by Gaiser in April that defied precedent. It questioned the constitutionality of federal law requiring presidents to preserve certain documents for the National Archives, a law established post-Watergate era. Subsequent to this, a federal judge in Washington, D.C., mandated compliance with the law after legal actions challenged the opinion.

The current opinion may also extend protection to Boris Epshteyn, a Trump adviser subpoenaed by the American Bar Association in a lawsuit concerning the White House’s alleged ‘intimidation policy’ against law firms. The DOJ is contesting the subpoena, arguing that Epshteyn provided privileged advice on involved Executive Orders.