White House counsel tries to criminalize Democratic oversight as Trump team braces for scrutiny
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White House counsel Will Scharf sent a warning letter to Rep. Robert Garcia claiming that Democratic threats to launch investigations may amount to criminal conduct, in what critics see as a blatant attempt to intimidate Congress before it begins examining President Donald Trump and his administration.
White House counsel Will Scharf wrote to Rep. Robert Garcia, D-Calif., who is set to become chair of the Oversight Committee in January, warning that Democratic threats to issue subpoenas could cross the line into criminal behavior. The letter, shared with NBC News, cited examples of lawmakers’ statements on social media about issuing subpoenas and argued that such threats might warrant executive-branch investigations.
Scharf referenced Supreme Court rulings that require congressional investigations to serve a legitimate legislative purpose and not be used to punish political opponents. He accused Democrats of attempting to “abuse the legislative process to intimidate and to interfere with the lawful functioning of government,” even as the White House moves aggressively to shield itself from scrutiny.
House Speaker Hakeem Jeffries called the letter “factually inaccurate” and “legally inaccurate,” saying a Democratic Congress would serve as a check on an “out-of-control executive branch.”
In response, Garcia emphasized the constitutional basis for congressional investigations, stating, “Congress’ authority comes from Article I of the Constitution, not from the permission of the White House. Congress has wide latitude to conduct investigations and oversight.” He added that the administration’s warnings would not deter the upcoming Democratic-led inquiries into President Donald Trump, his family, and his administration.
The exchange highlights the growing partisan tension as Democrats prepare to intensify oversight of the Trump administration while the White House asserts that certain investigative threats could be unlawful.