Top White House lawyer warns Democrats that threats of oversight could be criminally probed
The White House counsel's office is warning Democratic Rep. Robert Garcia, the future head of the House Committee on Oversight and Government Reform, that Democrats' plans to engage in oversight against the Trump administration could cross the line into criminal behavior.
The warning came in a Monday letter from White House counsel Will Scharf to Garcia that was obtained by ABC News. After Democrats sweeping midterm victories -- including Democrats' regaining control of the House, Garcia wrote in a social media post that "Oversight Democrats are ready to take on the crooks, the con men, and the Trump crime family. Lawyer up."
In the letter, Scharf cited numerous recent statements from Democrats previewing their aggressive investigative efforts, though it's unclear how any of the statements could implicate federal criminal statutes.
There are sweeping legal protections for lawmakers under the Speech or Debate Clause, and the Supreme Court has set an extraordinarily high bar for what constitutes a true threat under federal law.
"Compulsory process is a power Congress has for oversight functions, and only for oversight functions. Abusive threats and public statements about the indiscriminate issuance of subpoenas, along with threats directed at prospective targets within the Administration make it abundantly clear that any forthcoming investigative processes will be deployed to harass and aggrandize, rather than to advance any legitimate legislative end," the letter reads.
"Beyond being inconsistent with the clear, well-recognized constitutional limitations on your investigative functions, threats to executive branch officials designed to deter them from public service, or 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," Scharf wrote in the letter.
Garcia responded to the letter, saying in a statement, that "Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate," Garcia wrote.
"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," he added.
Garcia's spokesperson said the Oversight Committee had not formally received Scharf's letter as of Wednesday morning.
The Supreme Court has, however, set clear boundaries for when lawmakers can compel testimony from witnesses and enforce subpoenas for private records.
Scharf cited two precedents that limit the ability of congressional investigations from intruding into personal and presidential affairs: In Watkins v. United States from 1954, the court determined that committees could only compel testimony clearly connected to a legislative purpose. In Trump v. Mazars USA, LLP from 2020, the court set standards for congressional subpoenas seeking private records -- including those of the president.
Democrats will likely point to numerous statements from President Donald Trump's allies following the 2024 election where they similarly encouraged Democrats to "lawyer up" and prepare for similar sweeping investigations by the incoming administration.
Steve Bannon, who served as White House chief strategist in Trump's first term, threatened MSNBC news anchors for their coverage of Trump ahead of the 2024 election.
"You better be worried. You better lawyer up. Some of you young producers, you better call Mom and Dad tonight. 'Hey Mom and Dad, you know a good lawyer?' Lawyer up. Lawyer up," Bannon said on his show, War Room, after the 2024 election.
Kash Patel, before becoming FBI director, publicly discussed investigating members of the "deep state," journalists, and officials involved in prior Trump investigations.
ABC News' Devin Dwyer contributed to this report.
