White House Counsel Will Scharf has warned incoming House Oversight Committee Chair Robert Garcia that some investigative actions could “cross the line into blatant criminality,” escalating a confrontation over Democrats’ plans to scrutinize President Donald Trump’s administration.

The three-page letter, sent Monday and published by [Punchbowl News](https://punchbowl.news/wh-hill_letter/), followed Trump’s call for the Justice Department to investigate Democrats who have promised oversight. On Saturday, Trump wrote on Truth Social that the lawmakers were “SLEAZEBAGS” who “should go to jail.” Attorney General Todd Blanche subsequently declined to rule out prosecuting members of Congress over planned hearings, according to [Axios](https://www.axios.com/2026/11/08/todd-blanche-doj-prosecuting-democrats-oversight).

Scharf argued that congressional investigations must serve a legitimate legislative purpose and cannot be used to exercise the prosecutorial powers of the executive branch and courts. He cited the Supreme Court’s 1957 decision in *Watkins v. United States*, which said investigations conducted solely for investigators’ personal aggrandizement or to punish their targets are indefensible.

The letter went further, warning that threats intended to deter executive branch officials from public service, or investigative process designed merely to abuse or frighten recipients, could amount to criminality. It did not establish that announcing hearings or pursuing ordinary congressional oversight is itself a crime.

Congress has broad investigative authority, although courts have recognized limits on that power. In *Trump v. Mazars*, the Supreme Court addressed congressional subpoenas for a president’s financial records and returned the case to lower courts for further consideration rather than rejecting the investigation outright.

Democrats have signaled interest in examining issues including the administration’s handling of federal spending and immigration laws, as well as questions involving Trump and Jeffrey Epstein. Congress also has authority to investigate matters relevant to impeachment.

Garcia rejected the warning, saying Congress has “wide latitude to conduct investigations and oversight.” He added: “We are a co-equal branch of government and will not be deterred by baseless threats.”

NYU law professor Ryan Goodman described Scharf’s letter as “a self-own” that could damage the administration in litigation arising from congressional investigations. The letter, sent before the new Congress is seated, could become part of a broader legal dispute if lawmakers issue subpoenas and the White House challenges them.

The exchange also revives a debate over the boundaries of oversight that has crossed party lines. In a previous Republican-led House, Judiciary Committee Chair Jim Jordan subpoenaed a former Manhattan prosecutor in connection with the state prosecution of Trump, prompting a court challenge.