Politics

White House lawyer's hardball warning to Dems has legal experts on both sides questioning one key threat

"Let’s be clear: Congress' authority comes from Article I of the Constitution, not from the permission of the White House.

✦ Extractive summary — built from the sources' own reporting•From 1 source•2 min read•Updated November 14, 2026, 5:00 PM UTC
Key points
  • Hans von Spakovsky, a senior legal fellow at Advancing American Freedom and a constitutional law expert, told Fox News Digital that Scharf is correct in his assertion that Garcia's investigations cannot be motivated by simple spite, but suggested that the White House may run into problems if they try to get criminal charges to stick.
  • Scharf sent the letter a week after Democrats issued statements and social media posts on calling for subpoenas and impeachment trials for Trump administration officials after Republicans suffered a major loss during the 2026 midterms.
  • that the Supreme Court has held that congressional investigations not connected to a legitimate legislative purpose and whose only intent is harassment and trying to seize personal, private information are unconstitutional and beyond the power of Congress," von Spakovsky wrote in an email.

Counsel to the president William Scharf sent a letter to House Committee on Oversight and Government Reform ranking member California Democratic Rep.

The letter put Democratic lawmakers on notice to remind them of the "foundational limits that the Constitution imposes on congressional investigations and subpoenas" and suggesting that their actions could cross the line of criminal misconduct.

Additional details
  • 9, warning Democrats against running afoul of their allotted powers pertaining to investigations and subpoenas.
  • We are a co-equal branch of government and will not be deterred by baseless threats from a weaponized DOJ or from the President’s lawyers," Garcia stated.
  • Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate," Garcia said in his statement.
  • At the time, some pointed out that Republicans used similar language to call for investigations into Democratic officials.
  • The Trump Administration continues to weaponize the government with threats of unconstitutional attacks on Congress.

How this summary was made: extractive summary — built from the sources' own reporting. It is drawn only from the reporting of the sources listed below — read the originals for full detail. How we summarize →

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