WASHINGTON, D.C. — The White House is warning incoming Democratic congressional leaders that some investigations into President Donald Trump and executive branch officials could potentially trigger criminal scrutiny, escalating a constitutional confrontation before Democrats take control of Congress in January.
White House Counsel Will Scharf sent a letter to incoming House Oversight Chairman Robert Garcia of California arguing that congressional subpoenas must serve a legitimate legislative purpose and warning that efforts intended solely to intimidate executive officials or deprive people of constitutional rights could “cross the line into blatant criminality.”
The letter does not identify a specific subpoena or investigation that Scharf says is already criminal. Instead, it warns that the administration will monitor what it describes as potentially abusive investigative tactics.
Congress has broad constitutional authority to conduct oversight in support of its legislative responsibilities, and courts have long recognized investigatory powers as an important part of that function. Those powers are not unlimited, however, and disputes over subpoenas and executive privilege are frequently litigated.
Garcia rejected the warning, saying Congress derives its authority from Article I of the Constitution, not the White House. He said Democrats intend to investigate alleged corruption, abuse of power and executive misconduct after taking control of the House.
The exchange comes as Democrats prepare a wide-ranging oversight agenda involving Trump’s business interests, immigration enforcement, administration spending and other executive actions.
The dispute sets up an unusually direct confrontation over whether aggressive congressional oversight is legitimate legislative activity or, in some circumstances, potentially unlawful conduct.
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