(Washington = Yonhap News) Correspondent Park Seong-min = As the opposition Democratic Party won a landslide victory in the U.S. midterm elections and announced a large-scale investigation into the Donald Trump administration in the next Congress, the White House and the Democratic Party are already engaged in a fierce battle.
According to the Associated Press and CNN on the 11th (local time), the White House sent a letter the day before to Congressman Robert Garcia (California), who will serve as chairman of the House Oversight Committee in the next Congress, warning that Congress's investigation into the executive branch could be a criminal act.
White House Counsel Will Sharp, President Trump's closest ally, said in the letter that the Trump administration "expects lawmakers to carry out their investigative functions within constitutional limits."
“The Executive Branch will not yield to intimidation or be intimidated by unlawful proceedings motivated by hostility, petty resentment, hatred, or any other illegitimate motivation to intimidate, sanction, or interfere with the lawful functions of government,” he added.
In particular, Advisor Sharp warned that "threats made to executive branch officials to interfere with the performance of their official duties, or simply abuse or procedures intended to intimidate, may cross the border into outright criminality," and emphasized that Congress cannot exercise the power to prosecute criminals granted to the executive branch and the judiciary.
The Democratic Party, which regained majority status in the Senate and House of Representatives in the 120th Congress to be launched in early January next year, sounded an alarm in advance when it announced a large-scale investigation into the Trump administration.
Politico, a political media outlet, reported that in relation to the White House's reference to the Democratic Party's investigative activities as a 'criminal borderline', it warned that it was a "threat of a criminal investigation" and that it "could serve as an opportunity for the administration to investigate Congress."
Representative Garcia responded to the White House's letter in a statement that day, saying, "Congress has broad discretion to conduct investigations and oversight, which are inherent powers of legislative power."
He sarcastically said, “It looks like Trump has something to hide,” and then emphasized, “Let me be clear, Congress’ authority is based on the First Amendment of the Constitution, not permission from the White House.”
Representative Garcia also pointed out, "The American people overwhelmingly voted for us to pass legislation to root out corruption and abuse of power. The Trump administration is weaponizing government with the threat of an unconstitutional attack on Congress."
He also said that Congress has equal status with the executive branch and that "we will not give in to groundless threats made by the Justice Department, which has been turned into a weapon, or by the president's lawyers."
Rep. Garcia, who currently serves as the Democratic Party's secretary on the Oversight Committee, posted a short message on
The New York Times reported, "Although the White House threatened that an aggressive investigation (by Congress) could become a crime, the Constitution grants immunity to lawmakers for legislative action."
Peter M. Shein, a legal scholar at New York University Law School, said the contents of the White House's letter have no legal basis, and that Congress's oversight of the executive branch and issuing subpoenas are not criminal offenses and cannot be subject to prosecution.
