WASHINGTON ‒ The White House threatened a criminal probe into the incoming Democratic House majority's oversight efforts, warning against "blatant criminality" with their plans to investigate President Donald Trump and his administration.
White House counsel William Scharf, in a Nov. 9 letter to Democratic Rep. Robert Garcia, reminded the future Oversight Committee chairman of Supreme Court precedent that any congressional investigation must be to "further a legitimate legislative task," not to "punish" those being investigated.
Scharf pointed to several comments from Democratic members of Congress since last week's midterm election, including from Garcia, foreshadowing plans to aggressively use the Oversight Committee's investigative authority.
"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 said in the letter, which was not disclosed publicly until Nov. 11
Scharf added, "Issuing unlawful subpoenas with the intention of depriving citizens of their constitutional rights and privileges may warrant further investigation."
House Democrats have signaled they may pursue potential investigations into tech mogul and Trump ally Elon Musk, the Trump's family crypto fortunes, Trump's ballroom and other White House projects, the United States war in Iran, and actions of Defense Secretary Pete Hegseth, among several other areas.
"It appears Donald Trump has something to hide," Garcia said in a statement in response to Scharf's letter. "Let's be clear: Congress' authority comes from Article I of the Constitution, not from permission of the White House. Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate."
Garcia said Americans "voted overwhelmingly" in last week's midterm election to pass laws targeting corruption and abuse. He accused the Trump administration of weaponizing the government with "threats of unconstitutional attacks on Congress," adding that Democrats won't be deterred by "baseless threats from a weaponized DOJ or from the President's lawyers."
Social media posts from Democrats highlighted by Scharf includeRep. Emily Randall, D-Washington, saying, "We're going to be passing out subpoenas like candy." Democratic Rep. Analilia Mejia of New Jersey said, "We’re going to toss out subpoenas like Mardi Gras beads." AndRep. Yassamin Ansar, D-Washington, said Trump officials can "eventually go to jail" if they are in contempt of Congress.
Also singled out by Scharf: Garcia replying, "He's not wrong" on Instagram in response to House Speaker Mike Johnson saying that Garcia would "do nothing all day, every day, every hour, but go after the president, his family, his Cabinet."
Scharf warned that "threats to executive branch officials" designed to deter them from public office or instill fear "may cross the line into blatant criminality."
"The Trump administration expects members of Congress to discharge their investigative functions within settled constitutional limits," Scharf said in the letter. "The Administration will not be extorted and will not be cowed by unlawful process motivated by animus, pettiness, hatred, or any other unlawful motive to intimidate, penalize, or interfere with the lawful functioning government."
Under Republican control the past four years, the House investigated the business dealings of President Joe Biden's son Hunter Biden, the former president's use of an autopen to sign official White House documents, Biden's 2021 U.S. withdrawal from Afghanistan, the origins of COVID-19 and migration on the southern border.
Reach Joey Garrison on X @joeygarrison.
This article originally appeared on USA TODAY: White House threatens criminal probe into Democrats' investigations
