You can investigate us, we can prosecute you
During the election campaign, Communist Democrats repeatedly threatened to launch expensive investigations of President Trump, his family, his Cabinet members, his supporters and any corporation official whoever said something nice about Trump.
The party is full-blown communist. It will indeed purge the military of any qualified general or admiral with wild claims of war crimes. The party is Jafar coveting Aladdin’s lamp. The story ends well as I recall, with Jafar using his last wish to become a genie—and instantly winds up trapped in Aladdin’s lamp.
Oh how I want that happy ending.
Trump learned from Biden’s War on Justice how it works. He’s not only lawyered up, he developed a distinct plan for dealing with the Communist Democrat Party congressional inquisitions.
He’s willing to go after them for trying to intimidate and harass his staff.
AP reported White House counsel Will Scharf “issued a warning to Democrats over their planned probes into the Trump administration, going as far as claiming that such investigations—a standard oversight function of Congress—may amount to blatant criminality.”
Standard oversight function is a partisan phrase designed to normalize lawfare. Just a few weeks ago, AP branded FBI investigations under Kash Patel as weaponizing the Department of Justice. Which is it, AP? Which is it?
Robert Garcia, who will head the House Oversight Committee for Democrats, tweeted, “Oversight Democrats are ready to take on the crooks, the con men, and the Trump crime family. Lawyer up.”
Scharf said in a message to Garcia:
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 or to ‘punish’ those investigated are indefensible.”
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. 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.
We are monitoring the abusive and capricious threats that are now proliferating from Democrat legislators who seek to abuse the legislative process to intimidate and to interfere with the lawful functioning of government. Recent public statements underscore these concerns. You and your congressional colleagues have asserted that they will issue subpoenas to harass, threaten, and deter dedicated members of the Administration from further service. Several have compared their subpoena pledges to handing out candy, Mardi Gras beads, and enough paper to level forests!
Congresswoman Analilia Mejia, D-NJ, tweeted on the day after the election, “We’re going to toss out subpoenas like Mardi Gras beads.”
Does this mean she’s going to lift her shirt and shake her chest? If so, you’ve come a long way, ladies.
Scharf’s letter cited other instances of Communist Democrat congressmen gleefully promising prosecution. The letter ended:
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.
The Trump Administration expects members of Congress to discharge their investigative functions within settled constitutional limits. The Administration will not be extorted and will not be cowed by unlawful process motivated by animus, pettiness, hatred, or any other unlawful motive to intimidate, penalize, or interfere with the lawful functioning of government.
Garcia responded in a letter, “Congress has wide latitude to conduct investigations and oversight, an authority inherent in the power to legislate. 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.”
Hmm, exactly what new law would result in taking on the Trump family?
Scharf cited the 2020 Supreme Court decision in Trump v. Mazars USA, LLP, which held, 7-2, that a subpoena issued by Congress must be related to and in furtherance of a legitimate legislative task, not law enforcement because the executive branch has prosecutorial powers, not Congress.
Fighting congressional overreach protects all our rights because if they can do this to a president, they can do it to all of us.
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This article first appeared on Don Surber’s Substack. Reprinted here with permission.
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