Donald Trump and his DOJ have been threatening Democrats in Congress for a week. In the video above, I talk about why Trump’s threats are not going to move Democrats or deter them from investigating.
The White House Counsel sent a letter to incoming House Oversight Committee Chair Rep. Robert Garcia that said in part:
I write to remind you of the foundational limits that the Constitution imposes on congressional investigations and subpoenas, which you and members of the new Congress have evinced a clear intent to transgress.
The Supreme Court has held that “investigations conducted solely for the personal aggrandizement of the investigators orto ‘punish’ those investigated are indefensible.” Watkins United States, 354 U.S. 178, 187 (1957). Congressional investigations must further a legitimate legislative task; Congress cannot employ them to exercise powers of criminal prosecution assigned to the Executive and the Judiciary. Trump v. Mazars USA, LLP, 591 U.S. 848, 863-64 (2020).
These principles require Congress to identify a legitimate legislative purpose underlying its investigative acts. Failure to do so in this context represents a clear abuse of power and an affront to our constitutional system of government and to the rule of law.
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Beyond being inconsistent with the clear, well-recognized constitutional limitations on your investigative functions, threats to executive branch officials designed to deter them from public service, or process designed merely to abuse or instill fear in the recipient may cross the line into blatant criminality, and issuing unlawful subpoenas with the intention of depriving citizens of their constitutional rights and privileges may warrant further investigation.
Rep. Garcia responded:
It appears Donald Trump has something to hide. Let’s be clear: Congress’ authority comes from Article I of the Constitution, not from the permission of the White House. Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate.
The American people voted overwhelmingly for us to pass laws to root out corruption and abuse. The Trump Administration continues to weaponize the government with threats of unconstitutional attacks on Congress. 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.
Trump and his DOJ can’t stop the congressional investigations because, just like presidents, members of Congress have immunity for official acts undertaken while doing their duties.
Since congressional oversight is a constitutional power of Congress, there is nothing that the DOJ can do to stop congressional.
All Trump’s DOJ can do is threaten and attempt to deter.
Democrats aren’t going to be scared off, and if they want to find what Trump is hiding, they should start by looking at the president's pardons and ballroom donations.
How do you feel about Democrats standing up to Trump? Let us know in the comments below.
