White House warns Democrats their Trump probes could be criminal
Photo: Getty Images (file photo)The White House has warned the Democrat set to lead the House Oversight Committee that planned investigations into President Donald Trump and his administration could amount to criminal conduct — a striking preemptive challenge to Congress's oversight powers two months before Democrats take control of the House.
White House counsel Will Scharf sent the three-page letter on Monday to Rep. Robert Garcia of California, the top Democrat on the House Oversight and Government Reform Committee, who is expected to chair the powerful panel when the new Democratic-controlled Congress is seated in January. The letter, first reported by Punchbowl News, was made public on Wednesday.
Scharf wrote that the administration is "monitoring the abusive and capricious threats that are now proliferating from Democrat legislators" who he said seek "to abuse the legislative process to intimidate and to interfere with the lawful functioning of government." He warned that "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," and that "issuing unlawful subpoenas with the intention of depriving citizens of their constitutional rights and privileges may warrant further investigation."
The letter argues that congressional investigations must serve a "legitimate legislative purpose" and cites two Supreme Court precedents — Watkins v. United States (1957) and Trump v. Mazars (2020) — on the limits of Congress's investigative authority. It does not name a specific criminal statute that Democrats could be accused of violating.
The warning comes after Democrats won control of both chambers of Congress in last week's midterm elections and vowed sweeping investigations once they take power in January. Garcia told Trump officials to "lawyer up" after the victories. Democrats have said they plan to examine the Trump family's business dealings, the administration's handling of records related to Jeffrey Epstein, federal immigration enforcement, White House construction projects including the new ballroom, and cryptocurrency dealings involving the president's family and his special envoy Steve Witkoff.
Garcia answered the letter on Wednesday, saying the warning would not change his plans. "It appears Donald Trump has something to hide," he wrote. "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." He added: "We are a co-equal branch of government and will not be deterred by baseless threats." House Democratic Leader Hakeem Jeffries, who is set to become speaker in January, also dismissed the letter on Wednesday.
The letter is the latest in a series of escalating threats around congressional oversight. On Saturday, Trump wrote on Truth Social that Democrats promising to investigate his administration are "sleazebags" who "should go to jail," adding that he was ordering the Justice Department to look into the matter. Attorney General Todd Blanche said in a CNN interview on Sunday that "there could be" a crime to investigate if Democratic rhetoric turned threatening. The White House has also added 15 lawyers to the counsel's office as it prepares to fight the coming investigations, The Washington Post reported.
Scharf defended the letter on Wednesday, telling Newsmax the administration would fight vigorously against what he called politically motivated investigations. "If there's going to be an investigative process here, it should be a dignified, lawful investigative process," he said.
Rep. James Comer of Kentucky, the current Republican chairman of the Oversight Committee, told The Associated Press on Wednesday that he had not yet read the letter. Comer conducted a wide-ranging investigation of former President Joe Biden and his family when Republicans held the majority.
Sources: The Associated Press, "White House confronts Democrats over planned probes, claiming they may be 'blatant criminality'" (Nov. 11, 2026); The Wall Street Journal, "White House Warns Democrats Against 'Blatant Criminality' in Investigation Demands" (Nov. 11, 2026); NBC News, "White House warns congressional Democrats: Investigating us may be a crime" (Nov. 11, 2026); WHRO (NPR), "White House warns Trump probes could be criminal. Rep. Robert Garcia won't back down" (Nov. 12, 2026).
Sponsored