New documents from the Epstein files reveal a 2018 text exchange between Steve Bannon and Jeffrey Epstein discussing whether long-standing Justice Department protections for a sitting president could be reversed.
At the center of the conversation was the Department of Justice Office of Legal Counsel memo that bars the indictment of a sitting president. The policy has shaped federal prosecutorial decisions for decades. In the messages, Epstein questioned whether that legal shield could be withdrawn during the height of the Mueller investigation.
“To remove the prohibition on indicting a sitting president… would be exactly the same as withdrawing the opinion on torture,” Epstein wrote, comparing the move to the 2009 reversal of Bush-era interrogation memos. He also joked about the “Yoo memos,” referencing John Yoo’s controversial legal opinions that expanded executive authority during the War on Terror.
Epstein suggested that then Deputy Attorney General Rod Rosenstein could similarly override the Office of Legal Counsel’s stance protecting a sitting president. The exchange reportedly occurred after Bannon’s departure from the White House and during his public fallout with Trump.
There is no evidence that the discussion advanced beyond private messaging. However, the texts provide insight into how legal strategies and political tensions intersected behind the scenes during a pivotal moment in Trump’s presidency.
