It was issued the same day Attorney General Todd Blanche was sworn in at the White House, and just days after Trump announced White House staff secretary Will Scharf will soon take over as White House counsel following the departure of David Warrington. That decision held that the “presidential communications privilege” can cover information direct presidential advisers solicit or receive from outside sources while preparing advice for the president. The ABA has sought White House and Epshteyn communications related to the orders and the law firm agreements. The ABA could counter that records held by the firms are not an adequate substitute for testimony or White House communications. Epshteyn is not a government official, but he has served as a liaison with private law firms that reached agreements with the White House.