The White House is warning House Democrats that some of their planned investigations could cross into criminal behavior. Critics say the claim is extraordinary, and that it is likely to backfire.
Punchbowl News founder Jake Sherman reported early Wednesday morning that White House counsel Will Scharf sent a letter Monday to Rep. Robert Garcia (D-CA), the incoming chair of the House Oversight Committee. The letter warned that “some of the new majority’s investigations could cross the line into criminal behavior.”
“It’s an audacious claim that signals the White House is taking an aggressive — and hugely controversial — stance toward Democratic oversight in the 120th Congress,” Sherman wrote.
According to Sherman, the letter argues that Congress can only investigate matters that serve a legislative purpose, “a position that Republicans have relied on and stretched in recent years.” Scharf’s letter also claims Democratic investigations are designed to “harass and aggrandize rather than to advance any legitimate legislative end.”
Politico legal affairs reporter Kyle Cheney said the letter could hurt the White House’s own position.
“This plays right into Dems’ hands,” Cheney wrote. “Threatening criminal process for oversight gives them ammo to go straight to subpoenas and tell a court ‘what’s the point of lengthy negotiations w a White House trying to criminalize congressional scrutiny?’”
Ryan Goodman, an NYU law professor and co-editor-in-chief of Just Security, suggested the letter itself could run afoul of the law. He called it “legally repulsive” and said it “ignores Constitution (Speech or Debate Clause).” He added that it “may trigger law on ‘corruptly’ by ‘threatening letter or communication’ obstructing Congress.”
Washington, D.C., TV anchor Adam Longo called the letter “a seismic development.”
“It’s highly likely to evoke a strong response from @OversightDems,” Longo wrote, adding that he had contacted Virginia and Maryland congressional representatives for comment.
Dutch international law expert Kenneth Manusama questioned the White House’s legal argument.
“Confrontation? The White House is warning the new Democratic Congress right away that it shouldn’t go overboard with investigations,” Manusama wrote in Dutch, according to an online translation. “Investigations must indeed have a legislative purpose, but that’s something of a formality these days. For example, a corruption investigation into Trump (and family) can easily be justified with the aim of making legislation that tackles such corruption."