White House counsel Will Scharf has warned Democrats that their planned investigations of the Trump administration could cross the line into criminal conduct, in a letter that sets up an early clash over congressional oversight before the new Democratic-controlled Congress is seated in January.
The letter, addressed to Representative Robert Garcia of California, the top Democrat on the House Oversight Committee and its likely next chairman, was first reported by Punchbowl News and made public on Wednesday. Scharf wrote that Democratic oversight "must further a legitimate legislative task," rather than serve the criminal-prosecution functions of the executive and judicial branches.
"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," Scharf wrote. He also warned of "unlawful process motivated by animus, pettiness, hatred, or any other unlawful motive" and cited "abusive and capricious threats" from Democratic lawmakers.
Garcia answered the letter on Wednesday, saying the committee "will not be deterred by baseless threats from a weaponized DOJ or from the president's lawyers." He added that "it appears Donald Trump has something to hide." Democrats have said they plan to examine Trump's real estate projects around the U.S. capital and his cryptocurrency dealings with special envoy Steve Witkoff, among other matters.
The warning follows a CNN interview on Sunday in which Attorney General Todd Blanche left open the possibility of the Justice Department prosecuting Democratic lawmakers who threaten to investigate Trump administration officials too aggressively. Blanche cited Garcia's two-word message to the administration on election night: "LAWYER UP."
Trump himself posted on social media that Democrats' investigative threats amounted to "extortion at the highest level." Scharf's letter said the administration "will not be extorted." The Washington Post reported that the White House counsel's office has added 15 attorneys in preparation for the wave of Democratic subpoenas and investigations expected when the new Congress convenes in January.
