White House counsel Will Scharf warns some House probes could be criminal

White House counsel Will Scharf warned the House Oversight Committee's top Democrat in a letter dated Monday that some incoming Democratic majority probes could amount to criminal behavior.

Scharf addressed the letter to Rep. Robert Garcia of California. Democrats won last week's midterm elections and will take control of the House in January. Garcia is expected to lead the committee when the new Congress is seated.

Scharf wrote that "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."

"It appears Donald Trump has something to hide," Garcia said in response.

"Let's be clear: Congress' authority comes from Article I of the Constitution, not from the permission of the White House," Garcia said.

"Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate," he added.

The letter became public Wednesday and cites statements by Garcia and fellow Democrats. Scharf warned Garcia that Democratic actions could prompt an executive branch investigation of Congress, Politico reported.

Scharf wrote that the White House is "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."

Punchbowl News broke the story, The Associated Press said. The counsel's office warned that investigations used to frighten officials or impede their work could constitute crimes, the Washington Examiner reported.

Garcia said "the Trump Administration continues to weaponize the government with threats of unconstitutional attacks on Congress."

"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 said.

He also said "the American people voted overwhelmingly for us to pass laws to root out corruption and abuse."

Trump and Blanche on potential criminality

After this month's midterms, Garcia had told Trump officials to "lawyer up."

President Donald Trump has suggested on social media that Democrats could be subject to criminal penalties, including in a Nov. 7 Truth Social post. Attorney General Todd Blanche told CNN in an interview broadcast Sunday that "there could be" a crime to investigate if Democratic rhetoric became threatening.

Blanche addressed oversight in Missouri this week. "Congress has oversight authority. It always has, it always will," he said. The Justice Department is "not going to stop working with Congress," he said.

"Nothing I've said this weekend, or in the past, should suggest otherwise," Blanche said.

The Justice Department normally takes the lead in dealing with congressional oversight, making Scharf's letter unusual, Politico reported.

A congressional subpoena must have a clear legislative purpose and cannot simply serve to harass or intimidate. Courts have for decades deferred heavily to congressional investigators, declining to examine individual lawmakers' subjective mindsets when committees act.

Planned areas of inquiry

Democrats are preparing to examine how Trump and his family have grown wealthier since his return to office. Garcia also wants inquiries into the administration's handling of the Jeffrey Epstein investigation and Immigration and Customs Enforcement operations.

The AP listed further possible targets, including Trump's White House ballroom and other construction projects, the family's role in mineral deals and Trump's crypto dealings with special envoy Steve Witkoff. Trump and the White House have long denied wrongdoing.

The Democratic-controlled Congress will be seated in January, with Garcia expected to take the Oversight Committee gavel.