White House counsel warns incoming House Democrats over subpoenas

White House counsel William Scharf has warned House Democrats not to exceed their constitutional authority as they prepare to take control of the House next year. Rep. Robert Garcia, the committee’s ranking Democrat and its expected next chair, responded by accusing President Donald Trump’s administration of using government power against its opponents.

In a letter to Garcia, Scharf said the Constitution places “foundational limits” on congressional investigations and subpoenas, and argued that Democrats had signaled an intention to cross them.

Republicans brace for oversight fights after midterm losses

Republicans’ losses in the 2026 midterms will leave them in the minority in both chambers next year. On Election Day, Garcia warned the administration to “lawyer up.” Committee member Rep. Emily Randall, a Washington Democrat, also said last week that Democrats would be “passing out subpoenas like candy.”

Scharf said the administration was watching what he called “abusive and capricious” threats from Democratic lawmakers. He argued that public comments about issuing subpoenas to pressure administration officials could turn the investigative process into a tool for harassment rather than legitimate oversight.

Congress may use compulsory process for oversight, Scharf wrote, but he said indiscriminate threats and efforts to intimidate officials could violate constitutional limits. He also cautioned that threats intended to discourage people from public service, or subpoenas meant only to frighten recipients, could potentially cross into criminal conduct. Unlawful subpoenas aimed at depriving people of their constitutional rights, he added, might warrant further investigation.

Garcia says Congress will pursue corruption and abuse

Garcia replied that Congress does not need permission from the White House to investigate. Its authority, he said, comes from Article I of the Constitution and is part of its power to legislate.

Garcia said voters had backed efforts to uncover corruption and abuse, and accused the Trump administration of weaponizing government. He said Democrats would not be deterred by what he described as baseless threats from the president’s lawyers or the Justice Department.

The White House did not immediately respond to a request for comment Wednesday.