Congress
Trump’s U-turn on White House secrecy could reshape how future presidents get advice
President Donald Trump is trying to force Joe Biden’s former White House aides to divulge confidential discussions to congressional investigators — using the same tactics he once warned would “do grave damage” to the presidency and the republic.
Trump’s White House lawyers, in a series of recent letters to Biden aides, said the aides should provide “unrestricted testimony” to a House GOP-led investigation into Biden’s health and whether advisers covered up his frailty while in office.
To facilitate that testimony, Trump has agreed to “waive” any claims of executive privilege, the legal shield that presidents typically use to maintain the secrecy of candid conversations between a president and close confidants. That protection doesn’t expire when a president leaves office, but the incumbent president has the power to undo it.
Trump’s decision could leave Biden’s aides vulnerable to GOP lawmakers’ demands that they disclose some of the most sensitive details of their conversations with Biden — or risk being held in contempt of Congress and facing criminal charges.
It’s a dynamic Trump once decried when the roles were reversed: Biden, as president, authorized former White House aides from Trump’s first term to reveal confidential information to the House committee investigating the Jan. 6, 2021, attack on the Capitol and the monthslong campaign by Trump to subvert the 2020 election results. Now, in his second term, Trump’s White House hinted at that history as a justification for compelling Biden’s aides to testify.
“The President reached this view consistent with the practice established under the Biden administration,” read a letter from White House deputy counsel Gary Lawkowski to former Biden staff secretary Neera Tanden, who testified as part of the investigation last month.
Biden’s post-presidential office declined to comment on the unfolding investigation. The Trump White House declined to comment on the record, but a senior White House official, speaking on condition of anonymity, said the administration views Trump’s privilege waiver as less “dangerous” than Biden’s.
The probe into Biden’s health is being led by the House Oversight and Government Reform Committee, chaired by Rep. James Comer (R-Ky.), who dogged Biden for his final two years in office with an investigation into his family’s business dealings. Comer is now demanding testimony from many of Biden’s top White House advisers to determine whether Biden’s health declined while in office and whether anyone concealed any purported decline from the public. The investigation includes a review of whether aides ever acted on Biden’s behalf without his awareness.
Comer has said he views the handling of Biden’s health as a “conspiracy” and a “cover-up.” Democrats say the investigation is a politically motivated stunt to settle scores with Trump’s vanquished adversary. And they say the issue has diminished salience now that Biden has retreated from public life.
Even though Trump has waived executive privilege for the Comer probe, there are other avenues for aides to sidestep testimony. Kevin O’Connor, Biden’s physician while in office, cited doctor-patient confidentiality, but also his Fifth Amendment right against self-incrimination Wednesday in declining to answer the committee’s questions — a path well-worn by witnesses called to testify by Jan. 6 investigators. It’s unclear whether others called in the Biden probe will adopt O’Connor’s strategy.
Despite the procedural parallels, Biden’s choice to lift secrecy protections occurred under very different circumstances than Trump’s. Biden waived the privilege in order to assist the investigation of an unprecedented assault on the underpinnings of democracy. In contrast, Trump has waived the privilege in hopes of bolstering a roving exploration of Biden’s mental health based on claims, largely from Republicans, that Biden was cognitively incapable of making decisions as president.
Biden aides have dismissed those claims as unfounded. Still, numerous reports about Biden’s diminished capacity, and an entire book on the subject by two prominent journalists, have fueled the GOP push.
A dangerous precedent
Some constitutional experts see Trump’s privilege waiver as a troubling sign of a vicious cycle in which presidents of one party will routinely seek to disclose confidential conversations of prior administrations of the opposite party. Indeed, Trump himself warned of that cycle of vengeance when he opposed Biden’s waiver of executive privilege during the Jan. 6 probe.
If the trend continues, experts say it could lead presidential advisers to shy away from blunt or politically sensitive advice they fear could be disclosed by a political adversary.
“Presidential advisers now avoid as much as possible creating public records of their advice to presidents,” said Mark Rozell, an expert on executive privilege at George Mason University. “Waiving executive privilege will potentially make aides avoid being completely candid in their internal deliberations due to fear of disclosure and future investigations.”
Others are more circumspect, saying federal employees are already well-schooled in the principle that anything they say behind closed doors could wind up public — in investigations, in court or in leaks from their colleagues.
But Trump’s willingness to waive the privilege is dangerous for a different reason, according to Rebecca Ingber, a constitutional law scholar at Yeshiva University’s Cardozo Law School. His U-turn on the issue — despite the concerns he previously expressed about the importance of the privilege — is further evidence of his willingness to “simply destroy the norms that typically used to govern these inter-branch disputes,” Ingber said.
Peter Shane, a constitutional law expert at New York University, said “if Trump’s thirst for revenge overcomes his protectiveness of the presidency as an institution, I do think that is up to him.
“As for whether Trump has any political price to pay for contradicting himself,” Shane continued, “I can only say, he doesn’t seem to have paid any price so far for his inconsistencies.”
Trump’s dire warning
Executive privilege isn’t written in law or the Constitution, but it has roots stretching back to George Washington and was recognized by the Supreme Court during the Watergate scandal as an important — but limited — protection for the presidency. The idea behind the privilege is that secrecy is necessary for the president to receive candid advice to deal with the most sensitive and controversial subjects facing the nation.
Historically, even when the White House has changed parties, presidents respected the wishes of their predecessors to maintain the secrecy of records and communications — in part because they knew they would become former presidents one day and wished to preserve both their own records and the strength of the presidency itself.
That calculus changed after Trump orchestrated a nationwide push to overturn the results of the 2020 election, leading a campaign to undermine the certified results and assembling a rally that later morphed into a violent riot on Jan. 6, 2021. The Democrat-led congressional committee established to investigate the attack (after Republicans killed a proposed bipartisan commission) quickly pursued Trump’s records and interviews with his closest aides.
The unprecedented circumstances that caused the Jan. 6 attack are why Biden’s directive in late 2021 to waive executive privilege was upheld by the courts. Biden repeatedly waived the privilege over documents and testimony of Trump’s close advisers, saying the national urgency of understanding the root causes of the attack outweighed the need for executive branch secrecy.
Trump argued at the time that permitting congressional investigators to pierce the secrecy of his communications — even over a subject as weighty as Jan. 6 — would lead to a cycle of retribution by future presidents. He tried to get the courts to step in and keep his White House records concealed from investigators.
“It is naïve to assume that the fallout will be limited to President Trump or the events of January 6, 2021,” Trump’s attorneys argued at the Supreme Court. “In these hyperpartisan times, Congress will increasingly and inevitably use this new weapon to perpetually harass its political rival.”
He warned that “if the privilege that covered one administration were to evaporate immediately upon the transition to the next, the privilege would be rendered all but worthless.” It would, his lawyers said, “turn executive privilege into a political weapon to be used against political enemies.”
But the courts concluded that the Jan. 6 attack was so momentous, and Congress’ need for Trump’s records so great, that executive privilege would have yielded even if Trump were the sitting president at the time.
Still, the Jan. 6 committee did not get all the testimony it wanted from Trump’s advisers. Stephen Miller refused to discuss “any conversations that he had with President Trump,” saying Trump had not waived executive privilege to permit him to testify. David Warrington, who at the time was an attorney representing Trump’s former White House personnel director, emphasized that Biden’s waiver of privilege was “pretty specific” and “not a broad waiver.” Miller is now Trump’s deputy chief of staff, and Warrington is Trump’s White House counsel.
Even witnesses willing to cooperate with the committee — like Mike Pence’s aides Marc Short and Greg Jacob, as well as Trump’s former White House counsel Pat Cipollone — refused to discuss direct conversations with Trump they said could potentially be covered by claims of executive privilege.
“We have an instruction from President Trump not to respond to questions that may implicate the privilege,” Short’s attorney Emmet Floodtold the Jan. 6 panel.
Trump’s effort, as a former president, to assert privilege over his White House records and testimony by former aides set up an unprecedented clash — no sitting president had ever diverged from the privilege claims of his predecessors. It raised unresolved questions about the degree to which former presidents retain any ability to assert privilege at all. Although the Nixon-era Supreme Court said they do, the justices also emphasized that only the incumbent president is charged with the stewardship of the executive branch and would virtually always prevail in a dispute with his predecessor.
Biden’s hands-off approach
Trump’s effort to stymie the Jan. 6 panel’s probe stands in contrast to Biden, who allies say has made no effort, so far, to instruct witnesses on how to approach the investigation into his cognitive health.
The Oversight Committee has not specifically articulated the scope of its investigation, but Comer said in a subpoena letter to O’Connor, Biden’s White House physician, that the panel is exploring legislation related to “oversight of presidents’ fitness to serve.” Republicans are also looking into making potential changes to the 25th Amendment, which gives Congress a role in determining whether a president is no longer fit to hold office — something House Democrats proposed during their probe of Trump’s actions preceding the Jan. 6 attack.
Committee Republicans have only just begun their inquiry in earnest. Comer has demanded participation from a wide range of Biden advisers — including two chiefs of staff, Ron Klain and Jeff Zients.
So far, just one witness has provided testimony: Tanden, the former staff secretary and domestic policy adviser, who fielded questions from the committee behind closed doors for hours.
Tanden has publicly indicated she answered all the committee’s questions, and a person familiar with the interview said the issue of executive privilege never came up, beyond a brief mention of Trump’s waiver at the outset.
Still, there are signs the issue may rise again.
Anthony Bernal, a former White House aide and adviser to first lady Jill Biden, withdrew from a scheduled interview after the Trump White House waived his executive privilege, leading to a subpoena from Comer that remains active.
On Tuesday, Trump’s White House issued a letter to O’Connor saying that the “unique and extraordinary nature” of the investigation into Biden’s health was reason to waive executive privilege. The letter further noted that the White House had decided that, after “balancing the Legislative and Executive Branch interests,” Congress should be able to hear O’Connor’s testimony “irrespective of potential executive privilege.”
Biden has so far not instructed aides to resist the probe on executive privilege grounds. In fact, he’s said little at all on the subject, instead leaving it to each witness to determine their own strategy. The former president has maintained he made the decisions during his presidency.
A person familiar with the Biden team’s thinking, granted anonymity to reveal confidential discussions, said there’s a key distinction between Biden’s privilege waiver for the Jan. 6 probe and Trump’s privilege waiver now. Despite Trump’s hostility toward the Jan. 6 investigation, the Biden White House engaged regularly with Trump and his team to discuss the contours of the waivers, sometimes narrowing the categories of information they made available to the committee, the person said.
Trump’s White House, on the other hand, is not engaging with the former president, the person said. Nor is the House Oversight Committee.
Asked about the role of executive privilege in the investigation, a committee spokesperson simply pointed to Trump’s waiver and said the issue isn’t being factored into its handling of topics for upcoming witnesses.
Congress
Ousted AG Bondi could still be on the hook to testify in Epstein case
Pam Bondi is out as attorney general, but she might still be in the hot seat with Congress.
House Oversight and Government Reform Chair James Comer issued a subpoena for Bondi’s testimony last month following a bipartisan vote to compel her deposition for the panel’s Jeffrey Epstein investigation. Immediately following her firing Thursday by President Donald Trump, members of the committee said they still wanted to hear from her, and Comer did not rule it out.
“Since Pam Bondi is no longer Attorney General, Chairman Comer will speak with Republican members and the Department of Justice about the status of the deposition subpoena and confer on next steps,” a committee spokesperson said in a statement.
The pressure could keep building on Comer to force Bondi’s testimony or hold her in contempt of Congress if she refuses to comply — and it isn’t coming only from Democrats. The vote to subpoena Bondi was shepherded by GOP Rep. Nancy Mace of South Carolina, who was joined by four other Republican lawmakers and all Oversight Democrats present. After news of the attorney general’s firing, Mace posted a dramatic image of Bondi’s face superimposed on the word “FIRED.”
“Bondi handled the Epstein Files in a terrible manner and seriously undermined President Trump,” Mace said in her social media post. “She has stonewalled every effort to hold the guilty accountable.”
Trump in a Truth Social post Thursday called Bondi a “Great American Patriot and a loyal friend” but did not give a reason for her departure.
The ongoing calls for Bondi’s sworn testimony underscores the extent to which she has become the administration’s fall person for the seemingly endless Epstein saga.
Trump’s own relationship with the financier has prompted a host of questions about whether he knew of Epstein’s illegal conduct. And while the president has maintained the two had a falling out years ago and he hasn’t been charged with any wrongdoing, Democrats allege that his administration is engaging in a cover-up — with Bondi central to that effort.
“She has weaponized the Department of Justice to protect Donald Trump and put survivors in harm’s way by exposing their identities,” said ranking member Robert Garcia (D-Calif.) in a statement Thursday. “She will not escape accountability and remains legally obligated to appear before our Committee under oath.”
Blue Light News reported nearly a month ago that Bondi was in trouble with congressional Republicans over her handling of the federal Epstein inquiry. The Oversight Committee vote to subpoena the attorney general followed a shaky appearance before the House Judiciary Committee. That same week, Trump fired then-Homeland Security Secretary Kristi Noem after her fraught back-to-back performances in front of key House and Senate panels.
“I just think it’s time to get some answers,” said Rep. Tim Burchett of Tennessee, who was among the Republicans who voted with Mace to approve a subpoena for Bondi. “She’s in the batter’s box. I’d say … let her hit.”
The exact timing of Bondi’s departure from government service is unclear. In a statement on social media Thursday afternoon, she said she would be working to hand over her duties to Deputy Attorney General Todd Blanche over the next month. Blanche has been tapped to serve as acting attorney general until a full-time replacement is confirmed.
In the event that Bondi does appear before the committee in her capacity as a private individual, she would likely have to foot her own legal bills. Those who testify on Blue Light News about previous government service generally have to pay for their representation — including, for example, some of the former federal officials who testified in front of the Democratic-led select committee to investigate the Capitol attacks on Jan. 6, 2021.
A DOJ spokesperson did not respond to an immediate request for comment Thursday afternoon.
Democrats on the Oversight Committee aren’t likely to be sympathetic to Bondi’s plight.
Rep. Dave Min (D-Calif.) said in a statement that Bondi had “repeatedly and flagrantly violated the law and abused her position” and “must comply with the subpoena we issued and appear before our committee.”
Among some in the GOP, Bondi bears the blame for the fallout of the Epstein drama that has consumed Washington for over a year now.
In February 2025, Bondi promised to usher in a new era of transparency in the Epstein matter, but unveiled no new information. Five months later, the Justice Department in an unsigned memo announced it would not be releasing any further materials in the federal government’s investigation into the convicted sex offender. That decision drew outrage from Trump’s base, which has for years been clamoring for an Epstein “client list” that could include a vast web of powerful, wealthy men.
It launched a lengthy campaign to force the DOJ to fully release materials in the Epstein case, culminating in passage of a bill led by Reps. Thomas Massie (R-Ky.) and Ro Khanna (D-Calif.) to make materials in the department’s possession publicly available.
As Republicans were locked in an impasse over whether to advance the bill, House Oversight absorbed the desire from members in both parties to keep demanding accountability over the stalled federal Epstein case. An Oversight subcommittee voted during an unrelated hearing to subpoena the DOJ’s Epstein files, which opened the floodgates for even more subpoenas — of everyone from the executors of Epstein’s estate to individuals in Epstein’s or his associate Ghislaine Maxwell’s orbit.
This has continued even after Congress finally passed the Massie-Khanna legislation which, in turn, led to the committee’s direct targeting of Bondi. She has been scrutinized anew in recent months for overseeing a delayed and haphazard release of the Epstein files, with critics saying the DOJ has been in flagrant noncompliance with that very bill.
In an apparent effort to neutralize the bipartisan push to compel her sworn testimony, Bondi voluntarily came to Capitol Hill last month to brief Oversight Committee members on her Department’s work around the Epstein case. She did not indicate during that closed-door meeting whether she would cooperate with the subpoena, according to Democrats in attendance.
Democrats at one point stormed out of the private briefing, saying it appeared to be an effort by Bondi to avoid testifying under oath. In wake of her termination, Khanna said in a statement she still had to answer for the lack of additional prosecutions in the Epstein case.
Only one person has been convicted on federal charges so far as part of Epstein’s sex trafficking scheme: Maxwell, his former girlfriend and associate. Under Bondi’s leadership, Maxwell was moved to a lower security prison camp in Texas after she sat for an interview with Blanche — a decision that drew questions around why she was moved to a facility perceived as less harsh. Maxwell has said she would cooperate in the congressional Epstein probes if she is granted clemency by Trump.
Lawmakers will almost certainly ask Bondi about this dynamic, if given the chance.
“Firing her does not end this,” said Rep. James Walkinshaw (D-Va.), a member of Oversight, in a statement. “Her removal only increases the urgency for the Oversight Committee to fulfill its oversight obligations.”
Congress
Florida’s budget stalemate takes on Cherfilius-McCormick probe-related twist
TALLAHASSEE, Florida — The state’s Republican-controlled Legislature is considering whether to steer taxpayer money to a nonprofit organization — with a politically connected leader — whose name surfaced in the House probe against Rep. Sheila Cherfilus-McCormick.
The South Florida Democrat last week was found guilty of numerous ethics violations by a bipartisan subcommittee of the House Ethics panel, a move that could lead to her potential expulsion. She has denied all wrongdoing.
The main allegations centered on whether Cherfilus-McCormick improperly funneled millions to her congressional campaign. But a January report from the Office of Congressional Conduct showed that the review also looked at federal funding that went to a foundation led by Freddie Figgers, a telecommunications executive from Broward County with ties to Gov. Ron DeSantis.
The office was reviewing in part whether Cherfilus-McCormick requested money for a community project that went to a for-profit entity in a possible violation of House rules; the final list of violations adopted by the subcommittee did not cite this.
A January report from that office highlighted $2.2 million that went in 2022 to the Figgers Foundation to purchase tablets that would be provided to senior citizens and children with disabilities in Cherfilus-McCormick’s district.
During the recently concluded regular legislative session in Tallahassee, Republican lawmakers in the House and Senate requested money for the Figgers Foundation for a tablet program. The Senate budget included $350,000 for the program, while the House budget had a $1 million appropriation. Two years ago, the tablet program got a $500,000 appropriation from the Legislature.
The report from the Office of Congressional Conduct looked at whether the tablets and the software were products of for-profit companies run by Figgers and whether the program was designed to create future customers for his telecommunications network. The January report also questioned campaign donations to Cherfilus-McCormick from Figgers and his family members, as well money her congressional office spent on constituent messaging services with Figgers Enterprises. The report states that a witness told investigators that shortly after Cherfilus-McCormick assumed office in 2022, she asked a staffer to reach out to Figgers about funding for community projects and that she wanted him to submit a request.
Cherfilus-McCormick’s office did not respond to questions about the tablet program. When asked for comments, the Figgers Foundation responded with a statement from Lee Bentley, a Tampa attorney who serves as legal counsel for the organization.
He said that “Mr. Figgers did not profit from Congressional funding, and he certainly did not make political donations to secure federal monies.” Blue Light News previously reported that individuals or political action committees with Figgers Communications donated $19,800 to Cherfilus-McCormick’s campaign during the 2024 cycle, according to OpenSecrets.
Bentley said “the House Ethics Committee report is replete with factual errors; furthermore, language in the report stating that Mr. and Mrs. Figgers were uncooperative is categorically false. Mr. and Mrs. Figgers agreed to be interviewed, answered all questions posed to them, and produced all subpoenaed documents within their possession.”
Bentley also said that “the charitable program at issue was woefully underfunded, and Mr. Figgers made a significant personal donation to complete its work. The program ultimately served 5,000 families in need of tablets to meet their healthcare needs.”
The chief of staff and chief counsel for the House Ethics Committee had no comment on Bentley’s statement.
Figgers, whose mother abandoned him when he was a baby and who grew up in the north Florida town of Quincy, has long-running ties to DeSantis and accompanied him on an economic development trip to Japan shortly before the governor mounted his unsuccessful run for president. DeSantis appointed him in 2023 to the state Commission on Ethics, but Figgers was forced to step down from that position after the Florida Senate refused to confirm him.
DeSantis’ office did not respond to a request for comment.
Senate Republicans at the time did not discuss why they declined to confirm Figgers. But a background document on Figgers requested by a state Senate committee, obtained by Blue Light News through a public records request, included information from the Florida Department of Law Enforcement about several arrests — although Figgers was never convicted. There was also information from FDLE that was redacted when the report was made available.
When asked about the arrests, Meredith Ivey, a spokesperson for Figgers, said that “the real story here is that Freddie Figgers is a hero who was protecting his elderly 81-year-old father, who was suffering from Alzheimer’s at the time, from physical abuse at the hands of another family member struggling with substance abuse. The charges in these cases were dismissed and it’s unfortunate that anyone would assume harmful motives when, in fact, Freddie put himself in harm’s way to protect his beloved late father.”
The Senate has twice confirmed Natlie Figgers, who is married to Freddie Figgers, to the Florida A&M University Board of Trustees.
The January report from the Office of Congressional Conduct said that both Freddie and Natlie Figgers “refused to cooperate” with the initial review and because of that the office could not determine whether the tablet program benefited his for-profit companies.
The final statement of violations against Cherfilus-McCormick touches briefly on whether she provided special favors in connection to community funding projects but does not go into detail. Figgers is not named directly in that document, but instead an “individual” matching his description is quoted as testifying to an investigative subcommittee. That person told the committee he did not remember anyone from the congressional office reaching out to him. He also told the committee he was “not too confident” the funding would go through and he never received any “promises” from Cherfilus-McCormick that the foundation request would be accepted.
It’s not clear if the program run by the Figgers Foundation will ultimately receive money this year from legislators since there is currently a budget stalemate between the Florida House and Senate. Lawmakers ended their regular session without passing a new budget but need to pass a new state budget by the end of June.
State Rep. Jennifer Kincart Jonsson, a Lakeland Republican who requested money for the program, said in an email, “I was not aware the Figgers Foundation or Mr. Figgers were a part of any congressional inquiry.”
State Sen. Tom Leek, an Ormond Republican who put in a funding request for the tablet program in his chamber, said in a text message that “as you know, final funding decisions have not been made.” But Leek also said he was “completely unaware” of the questions about federal funding to Figgers Foundation. He added: “Nor am I aware of any instance outside of this one where the legitimacy of the Figgers foundation or any other Figgers entity has been in question.”
The House Ethics panel is expected to consider what penalties to impose on Cherfilus-McCormick when the chamber returns from recess, which could include her possible removal from office. Cherfilus-McCormick was also indicted last year on charges that she allegedly stole federal disaster relief funds and used some of the proceeds on her congressional campaign. She has pleaded not guilty.
Congress
Senate gives House a second chance to deliver DHS funding
The Senate sent its deal to fund most of the Department of Homeland Security back to the House Thursday morning — marking what should be the beginning of the end of a historic partial government shutdown.
The Senate’s action, taken in a mostly empty chamber just after 7 a.m., came less than a day after President Donald Trump effectively endorsed a two-track strategy for DHS: funding most of it through a bipartisan deal with Democrats then using the party-line budget reconciliation process for immigration enforcement activities.
That means undertaking a redo of the bill Senate Majority Leader John Thune moved through the Senate last week only to see it rejected by the House, where conservatives balked at separating out enforcement funding.
Now the bill is headed back across the Capitol. The Senate approved Thune’s motion Thursday to set aside the House’s plan, an eight-week all-DHS stopgap, and instead give it a second chance to pass the Senate bill, which omits funding for ICE and parts of Customs and Border Protection that Democrats oppose.
Speaker Mike Johnson signed off Wednesday on the two-track strategy, effectively capitulating after torching the Senate bill Friday as a “joke.” But he could still struggle to move it quickly given early opposition from some members on the right flank of his conference.
While the House will convene for a brief session Thursday morning, it will only take one member to prevent the DHS funding bill from passing, and leaders are not expected to attempt it. Johnson will likely have two more opportunities next week, otherwise he will need to wait until all of his members are back and the chamber is fully in session April 14.
Even once both chambers clear the Senate bill, they will face a tight timeline for the second part of the Trump-blessed plan, delivering an immigration enforcement bill to his desk by June 1.
House Republicans are expected to convene a conference call at 11 a.m. Thursday to talk through the DHS strategy, including assurances leaders have gotten from the White House and Senate about passing another reconciliation bill.
The Senate is expected to move first to approve a budget resolution that will unlock the GOP-only immigration bill, according to three people granted anonymity to disclose private strategy, and could adopt the fiscal blueprint for the final bill by the end of the month.
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