White House counsel warns incoming Oversight chair Garcia over ‘abusive’ subpoenas

Warning over subpoenas

White House counsel William Scharf issued a formal constitutional warning to incoming House Oversight Chair Robert Garcia in a letter released Wednesday over anticipated congressional subpoenas against Trump administration officials. He said the subpoenas could face legal challenges and trigger counter-investigations into potential criminal conduct.

Scharf wrote that “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.” Citing landmark US Supreme Court rulings, he said congressional investigative power exists exclusively to aid legislation and cannot serve as a power of criminal prosecution or retribution.

Limits on congressional power

Scharf warned that using compulsory process to intimidate officials “may cross the line into blatant criminality” and warrant executive scrutiny regarding the deprivation of constitutional rights. The correspondence systematically cited statements by Democratic lawmakers to show a lack of legislative intent.

It noted that members compared issuing subpoenas to handing out “candy” and “Mardi Gras beads.”

Response to Robert Garcia

Turning to Garcia, Scharf accused the California Democrat of personal malice and cited his “LAWYER UP” campaign. He also pointed to Garcia’s statements about coordinating with state attorneys general to push administration officials through the courts for prosecution.

The White House counsel said the administration of US President Donald Trump will not submit to “unlawful” pressure. He maintained that executive branch officials will resist inquiries driven by partisan animus.