Top tech companies whose CEOs have allied with President Donald Trump are staying quiet so far about a new Justice Department memo that signals an executive privilege assertion over a wide swath of his communications with the private sector.
Spokespeople for SpaceX, Nvidia, OpenAI, Meta, and Apple did not respond to requests for comment on the memo by the DOJ's Office of Legal Counsel, which argues that privilege covers contacts with "private advisers … so long as they relate to official presidential decisionmaking."
It's a sign that the administration is preparing to challenge investigations by a potential House Democratic majority. Any attempt to shield private-sector communications, which Democrats are eager to seek as a way around administration stonewalling, would likely be litigated.
Top Oversight Committee Democrat Rep. Robert Garcia of California said that "we are ready to fight to uphold our power and authority."
One legal expert warned that this week's broad assertion by the administration, if it holds up to scrutiny, might draw in a large group of corporate leaders who are in contact with Trump, especially in light of his freewheeling communication style.
"Given the president's penchant for engaging widely with friends and private-sector leaders, this could potentially sweep in an incredibly broad category of individuals, many of whom would likely be surprised to learn that they could be considered presidential advisers," said Alyssa DaCunha, who co-chairs WilmerHale's Congressional Investigations practice.