White House Counsel Warns House Democrats Over Oversight Subpoenas

In a Nov. 9 letter, White House Counsel William Scharf warned Rep. Robert Garcia that the administration will resist congressional subpoenas it considers illegitimate. Citing Watkins v. United States and Trump v. Mazars, Scharf argued that Congress may investigate only to serve a legitimate legislative purpose, not to punish targets or pursue prosecutions. He pointed to public statements by Garcia and other Democrats, including quips about handing out subpoenas “like candy” and a desire to see officials “squirm,” as evidence that incoming oversight efforts aim to harass and intimidate. Scharf also suggested that subpoenas meant to deter officials from public service could “cross the line into blatant criminality” and “warrant further investigation.” The letter closes by declaring that the administration “will not be extorted” or cowed. Contractors should watch for possible clashes over oversight requests for agency records and testimony once the new Congress convenes.




