Trump allies buy insurance ahead of likely Democratic investigations

White House staff are purchasing personal insurance policies to cover legal fees that could reach hundreds of thousands of dollars if Democrats win the November midterm elections. The move comes as the administration prepares for a wave of congressional investigations into the president and his inner circle.

Legal experts and administration officials say the White House counsel’s office has hired additional attorneys to handle the expected workload. Some outside law firms have also offered their services to the executive branch. These preparations assume Democrats will aggressively target the Trump family and other senior aides for alleged corruption and business dealings.

The scope of the legal battles depends on the election results. If the GOP loses one chamber, probes will proceed. A loss of both the House and Senate would multiply the number of investigations and associated costs. Democrats in the House are expected to lead these efforts, with Rep. Robert Garcia of California focusing on oversight and Rep. Jamie Raskin of Maryland handling judiciary matters.

The administration has a new tool to slow these probes. In August, the Justice Department’s Office of Legal Counsel issued an opinion stating that the president can claim executive privilege over communications with advisers who do not work for the Executive Branch. This assertion allows former officials, relatives, and outside businesses to refuse testimony and document requests.

Law professor Jonathan Shaub noted that this creates a new constitutional defense for private individuals advising the president. If Democrats subpoena information about interactions with the president, those advisers can rely on the opinion to withhold documents. This strategy is designed to force lengthy court proceedings that can take months or years to resolve.

A similar legal dispute occurred during Trump’s first term. Former White House Counsel Don McGahn refused to testify in 2019. The case lasted two years and ended after the 2020 election when McGahn agreed to a private interview. Shaub said such cases tend to move slowly through the appellate process, often losing salience by the time they are resolved.

Democrats have options to bypass the privilege claim. They could subpoena email, phone, and social media companies directly. Private companies are less likely to use the OLC opinion as a shield. If the White House wants to block a company from complying, it would likely need to sue the company in court to stop the release of documents.

Costs for lower-level staff could be high. Annual premiums for liability insurance policies circulating among administration staff are about $350 for $300,000 in coverage or $500 for $600,000. Hans von Spakovsky of Advancing American Freedom recommended that federal employees buy this insurance. He noted he bought coverage when he worked at the Justice Department and never filed a claim.

Some Trump-aligned groups may help fund these defenses. The Republican National Committee has paid for some of Trump’s criminal defense bills in the past. With cash reserves from the current campaign cycle, these groups could contribute to a concerted legal defense fund for staff who are often paid modest salaries.