The White House warned Democrats in Congress against stepping over Constitutional lines while members prepare for investigations into the Trump administration.
In a letter dated Monday, White House counsel William O. Scharf warned Rep. Robert Garcia, D-Calif., against exercising investigative power that does not “further a legitimate legislative task.” Garcia is the ranking member of the U.S. House Oversight Committee and is expected to take the lead of the committee in January, when Democrats seat a majority in the House of Representatives.
“These principles require Congress to identify a legitimate legislative purpose underlying its investigative acts,” Scharf wrote. “Failure to do so in this context represents a clear abuse of power and an affront to our constitutional system of government and to the rule of law.”
Garcia has repeatedly outlined plans to investigate the Trump administration’s immigration enforcement policies, alleged family business dealings and the Justice Department’s release of documents associated with convicted sex offender Jeffrey Epstein.
“As a House majority, we have the power to go to the courts, we have the power to use the courts when the DOJ may not want to respond,” Garcia said in a video posted to social media. “We’re going to get to the truth, regardless of if the DOJ tries to stonewall for the President.”
Scharf cited Supreme Court precedent limiting congressional investigations. In 1957, the Supreme Court ruled against a contempt of Congress order for labor organizer John Watkins.
Justices on the high court said members of Congress improperly held Watkins in contempt over refusing to answer questions about his associates within the Communist Party. The ruling set limits on Congressional investigative power, requiring it to be tied to legislative outcomes.
“You and your congressional colleagues have asserted that they will issue subpoenas to harass, threaten, and deter dedicated members of the Administration from further service. Several have compared their subpoena pledges to handing out ‘candy,’ ‘Mardi Gras beads,’ and enough paper to level forests,” Scharf wrote.
The White House quoted social media posts from Reps. Emily Randall, D-Wash., Analilia Mejia, D-N.J., and Sen. Ed Markey, D-Mass., to explain the threat.
“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,” Scharf wrote.
Rep. Hakeem Jeffries, D-N.Y., who is expected to be elected Speaker of the House after Democrats won a majority of seats in the Nov. 3 election, condemned the White House letter in a statement.
“A Democratic Congress is going to be a check and balance on an out-of-control executive branch in the face of unprecedented corruption that they’ve unleashed on the American people,” Jeffries said. “And if they don’t like it, consult the Constitution.”
Garcia outlined promises to pursue oversight alongside legislative priorities. He said the Democrat-led Congress will work to balance both issues.
“This is the most corrupt president in the history of the country,” Garcia told reporters on Tuesday. “We have got to be laser focused on both the affordability question, but also, oversight and accountability.”
Scharf said the White House may pursue criminal investigations if House Democrats continue to improperly exercise oversight authority.
“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 slammed the White House’s letter in a statement released Wednesday. He said Congress has “wide latitude” to conduct investigations and oversight, as well as legislative authority.
“The Trump administration continues to weaponize the government with threats of unconstitutional attacks on Congress,” Garcia said in a statement published on Wednesday. “We are a coequal branch of government and will not be deterred by baseless threats from a weaponized DOJ or from the president’s lawyers.”