The White House’s top lawyer is threatening a criminal investigation of Democrats for conducting what he alleges are illegitimate investigations into the executive branch — a stark escalation from the Trump administration as Congressional Democrats prepare to launch an oversight onslaught when they assume the majority in January.
White House counsel Will Scharf, in a letter to incoming House Oversight Committee Chair Robert Garcia, says Democrats’ repeated public promises to use their new majority to investigate the president and his allies could cross constitutional limits — and even amount to illegal threats.
The letter, dated Monday but publicly revealed Wednesday, informs Garcia that the White House is “monitoring the abusive and capricious threats that are now proliferating from Democrat legislators who seek to abuse the legislative process to intimidate and to interfere with the lawful functioning of government.”
It also cites several statements from Garcia and his Democratic colleagues attempting to paint their efforts as unmoored in a legislative purpose and instead as threats “designed to deter them from public service, or process designed merely to abuse or instill fear.”
Scharf further warns Garcia that those actions could venture into the realm of “blatant criminality” and could give rise to an investigation by the Executive Branch into Congress.
The attorney’s comments track closely with social media posts from President Donald Trump, who has suggested Democrats could face criminal consequences for their aggressive posture. It’s a departure from precedent, as the Justice Department is typically the front line for engaging with Congress on matters related to congressional oversight.
At the heart of the White House’s complaint is a legal requirement that congressional subpoenas be rooted in a clear “legislative purpose” and can’t be used simply to harass or intimidate. But courts for decades have afforded great deference to legislative investigators and have refused to delve into the subjective mindset of individual lawmakers when congressional committees act.
A spokesperson for Garcia did not immediately respond to a request for comment.
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