Aides to President Donald Trump have begun preparing for potential congressional investigations by Democrats following the 2026 midterm elections. While the president has expressed public optimism that Republicans will maintain control, administration officials are reportedly seeking legal counsel and laying groundwork to protect internal and external communications. These preparations include briefing political appointees on how to handle oversight requests and reviewing materials from the president’s previous term in office.
The White House counsel’s office started these briefings as early as this spring, according to former administration officials. Current employees were informed that administration lawyers would represent them in their official capacities regarding document demands or testimony. However, former appointees may not receive the same protections. Consequently, some officials have reportedly contacted private attorneys, including Stefan Passantino, for personal legal representation in anticipation of possible subpoenas in 2027.
On August 10, the Justice Department’s Office of Legal Counsel (OLC) issued a memorandum concluding that executive privilege may apply to presidential communications with private, non-government advisers. The memo states this applies as long as the communications relate to official decision-making and remain confidential. A White House official described the memo as a reaffirmation of long-standing Department of Justice positions, while legal analysts noted it could be used alongside the Supreme Court’s decision in Trump v. Mazars USA to limit congressional access to records.
The scale of these preparations involves senior political appointees who attend meetings to review subpoenas and investigative materials. According to Tevi Troy, a former Department of Health and Human Services (HHS) official, these requirements can occupy one hour per week for senior leaders in an agency during such periods. In monetary terms, Democrats have indicated they intend to focus on the costs of alleged corruption, including foreign government payments and government contracts.
These legal maneuvers set a precedent for how a White House may use executive privilege to shield communications with outside advisers and allies who do not hold official government roles. This could change how future administrations interact with private sector advisers and how Congress conducts oversight of those interactions. Will Scharf took over as White House counsel on September 1, 2026, and is expected to build the legal team intended to manage these responses.