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Just one day after Todd Blanche was sworn in as attorney general, the Department of Justice (DOJ) issued a new memorandum expanding what constitutes “executive privilege,” extending the presidential protection to conversations he has with private citizens.

While not signed by Blanche personally, many legal experts view the new opinion as indicating what types of arguments the Trump administration (including the new attorney general) may employ to refuse subpoena orders from Congress should Democrats win control of one or both houses of the national legislature in this year’s midterms.

Executive privilege is a legal doctrine used in the past by presidents from both major political parties that “defines the authority of the President to withhold documents or information in his possession or in the possession of the Executive Branch from the Legislative or Judicial Branch of the government.” The Supreme Court has upheld the doctrine at various times in U.S. history, but has also ruled that it is not absolute in certain circumstances.

The DOJ slip opinion issued on Monday was signed by T. Elliot Gaiser, assistant attorney general in the Office of Legal Counsel. The opinion is not legally binding, but provides insight into how the department will handle inquiries into President Donald Trump’s conversations with non-executive branch figures in the future.

“As a general matter, executive privilege can apply to presidential communications with private advisers,” the opinion states.

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