WASHINGTON — The White House’s top lawyer is raising the possibility of criminal investigations into House Democrats, arguing that the inquiries they plan to open into President Trump and administration officials could themselves break the law.
Will Scharf, the White House counsel, made the warning in a letter dated Monday to Rep. Robert Garcia (D-Long Beach), who is in line to lead the House Committee on Oversight and Government Reform, when Democrats take control of the chamber in January.
“We are 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,” Scharf wrote.
Scharf cited recent statements by Democrats in news reports about their intent to investigate alleged corrupt practices by administration officials, and wrote that Congress needs to “identify a legitimate purpose underlying its investigative acts.” Otherwise, he argued, a “process designed merely to abuse or instill fear in the recipient may cross the line into blatant criminality.”
“And issuing unlawful subpoenas with the intention of depriving citizens of their constitutional rights and privileges may warrant further investigation,” he wrote.
The letter marks a sharp escalation in the administration’s posture toward Congress, which will soon be under the control of Democrats following the midterm elections. Rather than fighting congressional investigations after they begin, the White House is moving preemptively, threatening the investigators before they even take control of the chamber.
It is an effort sets up a showdown over Congress’ oversight powers and the White House which is likely to define the last two years of Trump’s term.
Garcia had not received the letter as of Wednesday morning, a person familiar with the matter told The Times, adding that Democrats learned of it through news reports. The letter was first reported by Punchbowl News.
In a statement, Garcia argued the threats from the White House are an attempt to infringe on the committee’s constitutionally protected right to conduct congressional oversight.
“It appears Donald Trump has something to hide,” Garcia said. “Let’s be clear: 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, an authority inherent in the power to legislate.”
He added: “We are a co-equal branch of government and will not be deterred by baseless threats from a weaponized DOJ or from the President’s lawyers.”
The White House did not immediately respond to a request seeking comment.
This is a developing story and will be updated.
