The Trump administration has warned Democrats that their midterm election victory will not give them free rein to investigate the president’s allies, accusing incoming House investigators of planning to misuse subpoena powers to harass and possibly prosecute administration officials.
White House Counsel Will Scharf issued the warning in a three-page letter sent November 9 to Democratic Congressman Robert Garcia, according to Punchbowl News. Scharf said congressional investigations must have a legitimate legislative purpose and cannot be used to punish political opponents.
‘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.
The letter followed Garcia’s pledge to investigate Trump’s family, his administration and companies that benefit from federal contracts. Garcia is expected to become chairman of the House Oversight Committee.
Scharf’s intervention signals that the White House is preparing for a sustained confrontation with the incoming Democratic majority.
The White House counsel cited Garcia’s public comments as evidence that Democrats could be pursuing investigations to intimidate administration officials rather than advance legitimate legislative objectives.
Scharf also pointed to Garcia’s allegations of criminal conduct by Trump officials and his suggestion that congressional inquiries could provide state attorneys general with information for possible prosecutions.
He warned that efforts to pressure officials into leaving public service, or subpoenas issued solely to abuse or frighten their recipients, could amount to criminal conduct.
White House Counsel Will Scharf sent a three-page letter to Democratic Congressman Robert Garcia on November 9, warning that congressional inquiries must have a legitimate legislative purpose rather than target political opponents
Garcia has threatened to subpoena administration officials who refuse to cooperate and has raised the possibility of impeachment proceedings against Defense Secretary Pete Hegseth
Democrats suffered a setback when the House voted 211-204 to send Republican Congressman Thomas Massie’s impeachment resolution against Hegseth to the Judiciary Committee, effectively halting the immediate effort to remove him
‘The Trump Administration expects members of Congress to discharge their investigative functions within settled constitutional limits,’ he wrote.
‘The Administration will not be extorted and will not be cowed by unlawful process motivated by animus, pettiness, hatred, or any other unlawful motive to intimidate, penalize, or interfere with the lawful functioning of government.’
Garcia rejected the warning, saying in a statement: ‘It appears Donald Trump has something to hide. Let’s be clear: Congress’ authority comes from Article I of the Constitution, not from the permission of the White House. Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate.’
The California Democrat has vowed to subpoena administration officials who refuse to cooperate and has indicated that Defense Secretary Pete Hegseth could face impeachment proceedings.
On election night, Garcia delivered a blunt message to Trump’s allies: ‘Lawyer up.’
His comments followed a series of increasingly forceful statements outlining his plans in a November 5 interview with PBS NewsHour.
Garcia said Democrats would begin their inquiries when the new Congress convenes in January, with the Trump family’s finances expected to be among their first targets.
He accused the president’s family of profiting while Americans face higher prices, citing Jared Kushner’s $2 billion investment from Saudi Arabia and business dealings involving Trump’s sons.
Garcia also said Democrats would examine the handling of the Jeffrey Epstein files, immigration enforcement and Elon Musk’s DOGE operation.
Garcia said Democrats would launch their investigations when the new Congress convenes in January, beginning with the Trump family’s financial dealings
Garcia accused Trump’s family of enriching themselves as ordinary Americans struggle with rising prices, citing Jared Kushner’s $2 billion Saudi investment and business dealings involving Trump’s sons
‘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
Garcia made clear that he expected a confrontation if the administration declined to cooperate with congressional inquiries.
He said Democrats could invoke their contempt powers, including taking disputes to court, and coordinate with state attorneys general to seek accountability.
‘We’re going to get to the truth regardless if the DOJ tries to stonewall for the president,’ Garcia told PBS.
Garcia did not commit to pursuing a third impeachment of Trump, saying the measure was not currently part of the House Democrats’ agenda.
He indicated, however, that Hegseth could face a more immediate challenge. Garcia said that if the Defense Secretary refused to resign, Democrats would seek to impeach him in the coming weeks and months.
House Minority Leader Hakeem Jeffries has also endorsed impeaching Hegseth, describing himself as a ‘hard yes’ during a November 8 appearance on ABC’s This Week.
Jeffries accused the Defense Secretary of abusing his authority, weakening national security and pursuing what he called a ‘reckless and costly war of choice’ in Iran. He concluded: ‘Pete Hegseth has got to go.’
Other Democrats have likewise signaled that they intend to use their expanded congressional influence.
Senator Ron Wyden, who is expected to chair the Senate Finance Committee, posted a one-word warning after the election: ‘Subpoenas.’
Representative-Elect Richard Ojeda said he was eager to watch Hegseth face questioning at a congressional hearing, while Representative-Elect Katy Padilla Stout told witnesses to wear makeup for the cameras.
Democrats suffered a setback when the House voted 211-204 to refer Republican Congressman Thomas Massie’s impeachment resolution against Hegseth to the Judiciary Committee, effectively derailing the immediate effort to remove him.
All 203 Democrats who voted opposed the referral, while 210 Republicans supported it. Massie was the only Republican to vote against the measure.
