{"id":2704039,"date":"2026-11-12T08:36:58","date_gmt":"2026-11-12T13:36:58","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignnyt-democrats-threats-to-prosecute-trump-staff-arent-actually-threats-but-trumps-response-is\/"},"modified":"2026-11-12T08:45:39","modified_gmt":"2026-11-12T13:45:39","slug":"utm_sourcerssutm_mediumrssutm_campaignnyt-democrats-threats-to-prosecute-trump-staff-arent-actually-threats-but-trumps-response-is","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/utm_sourcerssutm_mediumrssutm_campaignnyt-democrats-threats-to-prosecute-trump-staff-arent-actually-threats-but-trumps-response-is\/","title":{"rendered":"NYT: Dem Threats Aren&#8217;t Really Threats, But Trump&#8217;s Response Is"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">20<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Futm_sourcerssutm_mediumrssutm_campaignnyt-democrats-threats-to-prosecute-trump-staff-arent-actually-threats-but-trumps-response-is%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2704039&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>White House counsel Will Scharf warned incoming House Oversight Chair Robert Garcia that aggressive, politically motivated subpoenas and investigations could violate the Constitution and even be criminal because Congress must pursue legitimate legislative purposes. The new York Times framed the letter as Trump trying to shield the executive and cited scholars saying lawmakers have speech-or-debate protections while performing official duties. Scharf and the paper differ: he cited Supreme Court limits and pointed to Democrats\u2019 rhetoric &#8211; threats to \u201clawyer up,\u201d prosecute aides, hand out subpoenas like \u201ccandy,\u201d and pursue televised trials &#8211; as evidence of political motives.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>In response to the White House warning Congress that malicious investigations are unconstitutional, The New York Times claims that threats to prosecute executive branch staff are of no concern, but the executive checking the power of Congress is a national scandal.<\/p>\n<p>The New York Times <a href=\"https:\/\/www.nytimes.com\/2026\/11\/11\/us\/politics\/trump-democrats-congress-oversight-committee.html?campaign_id=60&#038;emc=edit_na_20261111&#038;fa=y&#038;instance_id=185030&#038;nl=breaking-news\u00aei_id=41776995&#038;segment_id=229575&#038;user_id=fdd9488c7657bf391bdf276b5c392eb9\" target=\"_blank\" rel=\"noreferrer noopener\">published<\/a> a piece Wednesday titled \u201cWhite House Threatens Congress, Saying Aggressive Investigations Could Be Crime.\u201d It detailed a <a href=\"https:\/\/static01.nyt.com\/newsgraphics\/documenttools\/8c3ff31ade7c8587\/fc3a3a19-full.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">letter<\/a> from White House Counsel Will Scharf to incoming House Oversight Committee Chairman Robert Garcia, D-Calif., wherein Garcia is informed of the constitutional limits on what he and the rest of the Democrats appear to have planned for the next Congress: a barrage of subpoenas and investigations with the \u201cclear intent to transgress\u201d on a coequal branch.<\/p>\n<p>\u201cThe Supreme Court has held that \u2018[i]nvestigations conducted solely for the personal aggrandizement of the investigators or to \u2018punish\u2019 those investigated are indefensible.\u2019 Congressional investigations must further a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/manhattan-da-office-responds-trump-created-false-expectation-he-would-be-arrested\/\" title=\"Manhattan DA Office Responds: ... Created \u2018False Expectation\u2019 He Would Be Arrested\">legitimate legislative task<\/a>; Congress cannot employ them to exercise powers of criminal prosecution assigned to the Executive and the Judiciary,\u201d Scharf\u2019s letter stated. \u201cThese 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.\u201d<\/p>\n<p>On the night of the midterm elections, Garcia ominously <a href=\"https:\/\/x.com\/RepRobertGarcia\/status\/2117818643342041235?a=7OldvG_ctGsuyg8mVAs&#038;s=20\" target=\"_blank\" rel=\"noreferrer noopener\">wrote<\/a> \u201cLAWYER UP,\u201d with many other Democrats following suit in threatening political persecution and prosecution of any staff associated with the Trump administration. Sen. Elissa Slotkin, D-Mich., infamously <a href=\"https:\/\/thefederalist.com\/2026\/10\/21\/cia-spook-slotkin-doubles-down-on-threat-to-destroy-young-conservative-staffers\/\" target=\"_blank\" rel=\"noreferrer noopener\">threatened<\/a> to destroy the lives of young conservatives who want to work in the administration, and it appears those threats may soon become reality.<\/p>\n<p>Scharf\u2019s letter stated that such conduct \u201cmay 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.\u201d<\/p>\n<p>To The New York Times, however, what really matters is that \u201cMr. Trump has made threatening to prosecute his personal and political adversaries a hallmark of his rhetoric since his 2016 campaign, when his rallies featured \u2018Lock her up!\u2019 chants about Hillary Clinton.\u201d Throughout the article, the outlet maintained that Democrats cannot be prosecuted for their attacks because they would be protected while performing the \u201cofficial duties\u201d of Congress.<\/p>\n<p>Many Americans would have loved to see Clinton put in prison, but the Trump administration never actually did anything to realize that goal. On the other side of the coin \u2014 which The New York Times apparently forgot to mention \u2014 Democrats actually did attempt to throw Trump in jail, bringing countless bogus charges, many of which targeted him for his official acts as president.<\/p>\n<p>The outlet instead says that the letter \u201cindicates how far Mr. Trump is willing to push the Justice Department to try to protect the White House from legislative investigations.\u201d <\/p>\n<p>Their legal expert for the article, New York University Law School professor Peter Shane, said, \u201cOur Constitution protects legislators from the threat of criminal prosecution while performing official duties as an essential bulwark to repel executive overreach and defend checks and balances.\u201d<\/p>\n<p>Shane\u2019s analysis seems to suggest that \u201cchecks and balances\u201d only go one direction: from Congress to the executive. But, as Scharf noted, the Supreme Court has already weighed in on the matter, stating Congress cannot just harass and impede the executive with a wall of investigations.<\/p>\n<p>Shane added that \u201cCongressional oversight and the issuance of subpoenas by definition cannot be the focus of legitimate criminal prosecution.\u201d<\/p>\n<p>The New York Times continued that argument, stating Scharf\u2019s letter might not \u201csquare with the \u2018speech or debate\u2019 clause of the Constitution, which shields lawmakers from being subpoenaed or prosecuted by the executive branch over their legislative acts.\u201d The question is whether it is possible for a \u201clegislative act\u201d to not have a \u201clegislative purpose,\u201d which is the Supreme Court-imposed requirement on investigations and subpoenas, and seems to be the emphasis of Scharf\u2019s letter.<\/p>\n<p>In 2020, the high court <a href=\"https:\/\/www.supremecourt.gov\/opinions\/19pdf\/19-715_febh.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">developed<\/a> a test for congressional subpoenas in a case that involved Democrats in Congress attempting to subpoena Trump\u2019s personal accounting firm, which may become relevant with the new barrage of subpoenas.<\/p>\n<p>In the decision, a 7-2 majority wrote that when courts assess congressional subpoenas, they should make sure they are \u201cno broader than reasonably necessary to support Congress\u2019s legislative objective,\u201d that there should be \u201cdetailed and substantial\u201d evidence to \u201cestablish that a subpoena advances a <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/democrats-can-have-access-to-only-some-of-trumps-financial-records-judge-rules\/\" title=\"Democrats Can Have Access To Only Some Of ...\u2019s Financial Records, Judge Rules\">valid legislative purpose<\/a>,\u201d and that courts must consider \u201cthe burdens imposed on the President.\u201d<\/p>\n<p>However, as Scharf detailed, congressional Democrats do not appear to have any legislative motivations whatsoever, being open about their purely political purposes:<\/p>\n<blockquote>\n<p>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 \u201ccandy,\u201d \u201cMardi Gras beads,\u201d and enough paper to level forests. Representative-Elect Ojeda wants to see Secretary Hegseth \u201csquirm,\u201d while Representative-Elect Padilla Stout told witnesses to \u201cput makeup on for the cameras\u201d at their hearings.<\/p>\n<p>Others have made clear that their motive is to pave the way for witnesses to be prosecuted by state or federal authorities. Representative Ansari recently declared that accountability meant \u201ceventually go[ing] to jail.\u201d She also vowed \u201cto prosecute every single person\u201d affiliated with ICE.\u201d And Senator Markey has sounded approval for \u201c[I]ive televised trials\u201d of the big tech executives that Democrats intend to call before the Senate.<\/p>\n<\/blockquote>\n<p>Addressing Garcia specifically, Scharf wrote, \u201cBizarrely, you have chalked your motives up to nothing more than \u2018gay\u2019 \u2018pettiness\u2019 rather than any legislative purpose and compared yourself to a demonic clown.\u201d<\/p>\n<hr>\n<p>      Breccan F. Thies is the White House correspondent for The Federalist. He is a co-recipient of the 2025 Dao Prize for Excellence in Investigative Journalism. As an investigative journalist, he previously covered education and culture issues for the Washington Examiner and Breitbart News. He holds a degree from the University of Virginia and is a 2022 Claremont Institute Publius Fellow. You can follow him on X: @BreccanFThies.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>NYT downplays threats, flags GOP probes as scandal<\/p>\n","protected":false},"author":179,"featured_media":2704040,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/11\/Screenshot-2026-11-11-164441.jpg","fifu_image_alt":"","footnotes":""},"categories":[546],"tags":[3685,51059,5894,4855,3634],"class_list":["post-2704039","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-federalist","tag-democrats","tag-nytimes","tag-politics","tag-threats","tag-trump"],"fifu_image_url":"https:\/\/thefederalist.com\/wp-content\/uploads\/2026\/11\/Screenshot-2026-11-11-164441.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2704039","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/179"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2704039"}],"version-history":[{"count":3,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2704039\/revisions"}],"predecessor-version":[{"id":2704044,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2704039\/revisions\/2704044"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2704040"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2704039"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2704039"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2704039"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}