The Justice Department’s Office of Legal Counsel (OLC) put out a new opinion earlier this week arguing that President Donald Trump can assert executive privilege over communications with advisors even if they do not work at the White House or within the government at all.

Experts tell TPM that the legal opinion is likely an effort from the Trump administration and his DOJ to preemptively interfere with congressional investigations that Democrats plan to launch if they manage to take control of one or both chambers after the 2026 midterms.

Top congressional Democrats on Tuesday pushed back on a new memo from the Justice Department’s Office of Legal Counsel (OLC) arguing that President Donald Trump can assert executive privilege over communications with advisors even if they do not work at the White House or within the government at all.

“Executive privilege can apply to presidential communications with private advisers so long as the communications relate to official presidential decisionmaking, involve or reflect communications with the President or his direct advisers, and are confidential,” the OLC opinion, published on Monday, reads.

Sen. Bill Cassidy (R-LA) said he will support Todd Blanche’s nomination for Attorney General in a Senate floor speech Friday morning, effectively guaranteeing Blanche’s confirmation. 

“Mr. Blanche is not perfect, and he will tell you this,” Cassidy said. “But the choice is not between perfection and Mr. Blanche. It is between Mr. Blanche and another acting attorney general who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche. This puts at risk the progress made fighting violent crime, human and drug trafficking and fraud, and this does not serve the American people well.”

Late last year, Department of Justice (DOJ) officials agreed to make a surprisingly damaging but until-recently little-noticed admission in court: the Trump administration had cancelled several grants worth at least hundreds of millions of dollars largely because the money was slated to be sent to states that did not support the president in the last election. 

“A primary reason” for withholding the funds in question was that “the grantee was located in a ‘Blue State,’” the DOJ wrote in a December 2025 court filing called a stipulation, an agreement entered into by the parties involved in a lawsuit agreeing to certain facts. 

A review by TPM identified multiple other instances of the administration making the same concession in court. One, from July, was recently covered by the New York Times; TPM found other examples of the same concession, documenting that the administration’s lawyers have been open for several months now about having withheld money in part or entirely to punish the president’s perceived political enemies.

With the prospect of another government shutdown looming, the Senate Appropriations Committee released the text of a continuing resolution (CR) on Sunday that would keep the federal government funded until Dec. 11 and punt the government funding negotiations until after the midterms. 

In that stopgap bill, Democrats and a couple of Republicans included a significant provision that would ban, for now, the Trump White House and its Office of Management and Budget (OMB) from finalizing a grantmaking rule change it proposed in May. 

Acting Attorney General Todd Blanche’s confirmation is stalled.

A meeting that was scheduled to take place between Sen. John Cornyn (R-TX) and Blanche was cancelled abruptly Wednesday morning — just a day before the Senate Judiciary Committee was scheduled to vote to move Blanche’s nomination for Attorney General out of committee. 

Kentucky Gov. Andy Beshear (D) has once again formally requested proof of life from Sen. Mitch McConnell (R-KY), who has been absent from the Senate since he was hospitalized on June 14.

Beshear sent a new letter to McConnell, his staff and the office of Senate Majority Leader John Thune (R-SD) on Monday demanding the 84-year-old senator “directly and verbally address the people of Kentucky and provide proof of your capacity to serve, or resign.”

President Donald Trump on Monday morning called on Senate Majority Leader John Thune (R-SD) to cancel the upper chamber’s lengthy August recess until they pass the SAVE America Act — the voter suppression bill the president and his MAGA allies have been obsessively pushing Congress to pass for months.

“John Thune should not allow the United States  Senate to ‘leave town’ until it passes The Save America Act or, far better still, TERMINATES THE FILIBUSTER, where Republicans can then quickly pass everything they ever dreamed of, including a full and deep throated SAVE AMERICA ACT, the Budget, and the ever looming Debt Ceiling disaster, 1929!” Trump wrote in a Truth Social post. “The Dumocrats will do it on day one, and can’t believe how lucky they got with this Senate leadership. Remember, stupidity always brings LOSING & DEATH!”

Sen. John Cornyn (R-TX) on Tuesday threatened to vote against President Donald Trump’s ambassador nominees for Jamaica and Slovakia unless the Trump administration released the money Congress appropriated for the President’s Emergency Plan for AIDS Relief (PEPFAR) — before he got “assurances” that convinced him to drop the plan.

Almost five months into President Donald Trump’s war on Iran, the Trump administration still has not asked for authorization from Congress to continue hostilities. They, however, did present Congress with a supplemental request — which includes, among other things, an ask for $67.1 billion for the Department of Defense to fund Trump’s war.

Defense Secretary Pete Hegseth testified in front of the Senate Appropriations Committee Tuesday afternoon on the details of the Pentagon’s request. Sen. Lisa Murkowski (R-AK) used a significant portion of her time asking Hegseth if the administration plans to use an Iran war supplemental approved by Congress as a substitute for congressional authorization to continue the war.

President Donald Trump posted on his favorite social media platform Monday morning, seemingly acknowledging that the entire SAVE America Act — the voter suppression bill he and his MAGA allies have been pushing Congress to pass — will not be in the third budget reconciliation bill Republicans are hoping to pass.