Rep. Eric Swalwell (D-Calif.) on Friday suggested Congress could protect against an "unleashed" Trump administration.
"Trump is laying the groundwork for an unleashed administration," Swalwell warned in an op-ed published by MSNBC, citing previous remarks from President-elect Trump, like his pledges for retribution against his perceived political opponents and his history of media feuds.
Swalwell cited a report released by the Justice Department's Office of Inspector General related to the department's access of records during Trump's first term of more than 40 congressional staffers, along with two Democratic lawmakers and several journalists, including then-Rep. Adam Schiff (D-Calif.) and Swalwell.
Although not required, the Justice Department never informed the court it was seeking records for members of Congress or congressional staffers.
The 96-page report concluded that seeking the records of lawmakers and staffers did not violate any Justice Department policies on the books at the time, but the move nonetheless “risks chilling Congress’s ability to conduct oversight of the executive branch … and [creates], at a minimum, the appearance of inappropriate interference by the executive branch in legitimate oversight activity by the legislative branch.”
Swalwell also mentioned the Supreme Court's decision earlier this year that gives presidents absolute immunity for actions that fall within the core responsibilities of their office and are presumptively immune for all other official acts.
"Who can America turn to for checks and balances? To hold up the rule of law? What will a completely unchecked, unleashed and guardrail-free Trump do to his dissenters? How will Trump be successfully fenced in?" Swalwell warned in the op-ed.
"The answer is Congress," he said, admitting the answer could seem "laughable" given the GOP secured majorities in both chambers after Election Day. However, he cites former Rep. Matt Gaetz's (R-Fla.) withdrawal from attorney general consideration after it appeared he would face an uphill battle toward Senate confirmation.
Gaetz came under fire amid a House Ethics Committee probe into allegations of sexual misconduct and illicit drug use, among other claims. The investigation was effectively killed after Gaetz resigned from Congress, and the committee decided not to release the report.
"By banding together, a half-dozen senators said, “Hell no” and made Gaetz’s path impossible. Do they have it in them to do it again? And again? And again, until the message is received by Trump that they will not rubber stamp America’s path to a dictatorship?" Swalwell wrote.
"Congress is still the last, best check to stop Kash Patel from carrying out a lawful revenge tour," he added, referencing Trump's pick to lead the FBI — a choice that has faced backlash from some who worry that his nomination could lead to changes over the agency's independence.
