White House lawyer warns House Democrats their planned investigations "may cross the line into blatant criminality"

WASHINGTON (Nov. 11) — The White House's top lawyer has warned the Democrat in line to chair the House Oversight Committee that the investigations his party plans for the next Congress "may cross the line into blatant criminality," CBS News reported Wednesday.

White House counsel Will Scharf made the warning in a letter dated Monday, Nov. 9, to Rep. Robert Garcia of California, who is set to take over the committee when Democrats assume the House majority in January. The letter was not made public until Wednesday, USA Today reported. In it, Scharf reminded Garcia that, under Supreme Court precedent, congressional investigations must serve a legitimate legislative purpose and cannot be used to punish the people being investigated.

"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, according to CBS News and The Associated Press. "And issuing unlawful subpoenas with the intention of depriving citizens of their constitutional rights and privileges may warrant further investigation."

Scharf pointed to comments Democratic lawmakers have made since last week's midterm elections, USA Today reported, including Rep. Emily Randall of Washington saying, "We're going to be passing out subpoenas like candy," and Rep. Analilia Mejia of New Jersey saying Democrats would "toss out subpoenas like Mardi Gras beads." He wrote that the administration "will not be extorted and will not be cowed by unlawful process."

Garcia rejected the warning. "It appears Donald Trump has something to hide," he said in a statement quoted by CBS News and USA Today. "Let's be clear: Congress' authority comes from Article I of the Constitution, not from permission of the White House." He added that Democrats would not be deterred by what he called baseless threats.

House Democrats have signaled they may look into Elon Musk, the Trump family's cryptocurrency holdings, the White House ballroom and other building projects, the war with Iran and the actions of Defense Secretary Pete Hegseth, among other topics, USA Today reported. The White House has added 15 people to the counsel's office so far as it prepares for those fights, The Washington Post reported, and investigations are expected to pick up in January.

Under Republican control over the past four years, the House investigated Hunter Biden's business dealings, former President Joe Biden's use of an autopen, the 2021 withdrawal from Afghanistan, the origins of COVID-19 and migration at the southern border, USA Today reported.