Will Scharf letter: White House warns Democrats probes may be criminal

White House counsel Will Scharf has warned House Democrats that some of the investigations they plan into the Trump administration could amount to “blatant criminality”, the Associated Press reported on Wednesday, 11 November. His name became one of the most searched in the US after the letter came out.

What the letter says

The letter, dated Monday, 9 November, went to Representative Robert Garcia, the top Democrat on the House Oversight Committee, according to the AP. Investigating the executive branch is one of Congress’s normal jobs, but Scharf argued there are limits.

He wrote that threats against executive branch officials meant to put people off public service, or subpoenas and other process meant only to intimidate the person receiving them, may cross into criminal territory, the AP reported. He also argued that every congressional investigation needs a legitimate legislative purpose, and that one without it would be a clear abuse of power. The New York Times described the letter as the White House threatening Congress; Politico said it raised the prospect of criminal investigations into Democrats’ oversight efforts.

How Democrats answered

Garcia hit back. “It appears Donald Trump has something to hide,” he said, according to the AP, adding that Congress’s power to investigate does not need the White House’s permission. He pointed to Article I of the US Constitution, which sets up Congress and its powers.

Mixed signals from the attorney general

Attorney General Todd Blanche sent different messages on the same day. On CNN, he said “there could be” a crime to investigate if Democratic rhetoric turned threatening. Later, speaking in Missouri, he said Congress has oversight authority and always has, the AP reported. Some lawmakers urged both the White House and Democrats not to overreach.

Why the world is watching

US fights over who can investigate whom shape how Washington works on everything from the Iran war to trade and aid, which reach Pakistan through oil prices and the rupee. A standoff between the White House and House committees can slow decisions for months.

What to watch: whether House Democrats go ahead with their first subpoenas, and whether the Justice Department opens any case in response.