Justice Department Braces for Democratic Congress: Probes, Dates & What's Next
Attorney General Todd Blanche vows the Justice Department 'will not back down' as Democrats prepare sweeping probes when Congress changes hands in January.
Image: Wikimedia Commons / The White House
WASHINGTON — The Justice Department is bracing for a confrontation with a Democratic-led Congress in January, as Attorney General Todd Blanche vows the department “will not back down” from President Donald Trump’s agenda while Democrats prepare sweeping investigations into its conduct.
Democrats flipped control of both chambers in last week’s midterm elections, ending nearly two years in which a Republican-controlled Congress left the department unchecked. In January, Democrats take the gavels and gain subpoena power.
Key Takeaways
- Blanche said the department “will not back down” from the president’s agenda.
- A top Blanche aide told prosecutors to prepare for a “wartime footing.”
- White House counsel Will Scharf warned that oversight “may cross the line into blatant criminality.”
- The leaders of the National Security, Civil and Civil Rights divisions resigned after the election.
“President Trump has two years remaining in this administration and you better believe that we’re going to use it effectively,” Blanche said.
What Investigations Will Democrats Open Into the Justice Department?
Representative Jamie Raskin, in line to chair the House Judiciary Committee, will examine how the department handled criminal cases against the president’s political opponents. Representative Robert Garcia, set to lead Oversight, plans inquiries into the Jeffrey Epstein files, immigration enforcement, and the Trump family’s wealth.
Sens. Elizabeth Warren and Richard Blumenthal have opened an inquiry into Meredith O’Rourke, a Trump fundraiser, over whether corporate donors received favourable treatment for contributions the lawmakers say exceeded $800 million. They follow a failed bid to indict ex-White House aide Cassidy Hutchinson and a fresh case against ex-FBI Director James Comey.
What Did the Justice Department Mean by ‘Wartime Footing’?
On a call with U.S. attorneys this week, Aakash Singh, a senior aide to Blanche, told prosecutors to prepare to be on a “wartime footing” and suggested more U.S. attorneys could be pushed out, according to people familiar with the call speaking anonymously.
The department said the reference “had everything to do with public safety.” Leah Foley, the U.S. attorney for Massachusetts, said the message was to keep an aggressive focus on fraud, violent crime, drug trafficking and cartels. The divisions are unlikely to get Senate-confirmed replacements.
Can Congress Force the Justice Department to Cooperate?
Democrats hold the gavel in January, but have few foolproof ways to guarantee cooperation. Lawsuits can take years, subpoenas can be arduous to enforce, and criminal contempt referrals would go to the same Justice Department, where they will almost certainly not be acted on.
The warning came in a three-page letter from Scharf to Garcia, arguing that investigations “must further a legitimate legislative task.” Stan Brand, a former general counsel for the House of Representatives, dismissed it: “My first-year law students would fail if they wrote a letter like that.” Trump has accused Democrats of “extortion” and ordered the attorney general to conduct an investigation.
| Date | Development |
|---|---|
| Nov. 9 | Singh tells prosecutors to prepare for “wartime footing”; Scharf warns Garcia. |
| Nov. 11 | U.S. Attorney Aaron Reitz writes to Sen. Blumenthal over his ballroom inquiry. |
| Nov. 12 | Blanche says no criminal investigations into Democrats’ oversight remarks are open. |
| January 2027 | The new Congress is seated. |
Reitz, the Houston federal prosecutor, ordered Blumenthal to preserve all records and accused him of intimidating citizens “for engaging in philanthropic practices that will benefit our nation for generations.”
The resignation of a fourth Justice Department official, Van Hollen’s challenge to Schumer, and the House Oversight Epstein report. The department’s official site is justice.gov; the committee’s page is oversight.house.gov.
Frequently Asked Questions
Will Democrats investigate the Justice Department in January 2027?
Yes. Democrats plan a broad oversight agenda once the new Congress is seated, including the Epstein files, immigration enforcement, and cases against the president’s opponents. Raskin takes Judiciary and Garcia Oversight.
What did Attorney General Todd Blanche mean by ‘wartime footing’?
A top Blanche aide, Aakash Singh, told U.S. attorneys to prepare for a “wartime footing.” The department said the reference “had everything to do with public safety.”
Can Congress hold the attorney general in contempt?
Yes, as the House did with Eric Holder in 2012 and William Barr in 2019. But a criminal referral would go to the Justice Department itself.
Is the Justice Department investigating Democratic lawmakers?
No. Blanche said on Thursday that there are no open criminal investigations into remarks by incoming lawmakers about oversight plans, and that warning of investigations is not a crime.
The new Congress is seated in January, when the first subpoenas will test the standoff.
