WASHINGTON — White House counsel Will Scharf warned Rep. Robert Garcia that abusive congressional investigations or unlawful subpoenas could prompt executive action, according to a three-page letter from White House Counsel William Scharf dated Tuesday.
Scharf wrote after Garcia told Trump administration officials to “Lawyer up.” The counsel accused Democratic lawmakers of making threats against officials, government employees, private citizens and businesses.
The letter said congressional investigations must be tied to a legitimate legislative purpose. Scharf cited the Supreme Court’s 2020 decision in Trump v. Mazars, which addressed congressional subpoenas for a president’s financial records.
Scharf wrote that threats intended to deter executive-branch officials from public service, or a process meant only to abuse or frighten recipients, “may cross the line into blatant criminality.” He added that some unlawful subpoenas could warrant further investigation.
The administration would respond to processes it considers unconstitutional with “appropriate executive action,” Scharf wrote. His letter also said the administration would engage with congressional oversight supported by a legitimate legislative purpose.
Garcia rejected the warning in a statement released by the House Oversight Committee’s Democratic staff Wednesday. “Congress’ authority comes from Article I of the Constitution, not from the permission of the White House,” he said.
Garcia described Congress and the executive as co-equal branches and said Democrats would not be deterred. He said voters had directed Democrats to pass laws aimed at rooting out corruption and abuse.