In 2017, Eisenberg was appointed Deputy Assistant to the President, National Security Council Legal Advisor, and Deputy Counsel to the President for National Security Affairs by former National Security AdvisorMichael Flynn and part of the National Security Council.[2]
On March 29, 2017, The New York Times reported that Michael Ellis and Ezra Cohen were involved in the sharing of intelligence documents to Representative Devin Nunes, chair of the House Intelligence Committee.[5] The following day, The Washington Post reported that Eisenberg was also involved.[6] In April 2017, the Associated Press quoted a U.S. official as saying that although Cohen had access to those kinds of intelligence materials, he did not play a role in helping Nunes gain access to the documents.[7] According to a U.S. official, Cohen was not involved in showing the material to Nunes, did not clear Nunes onto the White House grounds, did not review the material with Nunes, and was not even aware that the material was going to be shared with Nunes.[5][6]
Per Vindman's testimony, Eisenberg instructed Vindman not to tell anyone about the Trump call to President Volodymyr Zelensky.[12][13] In early November 2019, Eisenberg was subpoenaed to testify by the House Intelligence Committee but refused.[14]