President Donald Trump is making a changing of the guard in the Office of White House Counsel before Democrats potentially regain control of Congress with a loyalist who once served as his lawyer in an election obstruction case.
Trump announced via Truth Social that Will Scharf will be starting as White House counsel on Sept. 1. Trump pointed to Scharf’s “amazing job” as White House staff secretary and as National Capital Planning Commission chairman, in addition to his representation of him in his federal election obstruction case.
Scharf will be recognizable to anyone who has watched Trump issue an executive order as the man who explains the president’s directives before they are emblazoned with his signature.
Scharf unsuccessfully ran for Missouri attorney general in 2024 as a Republican. A former policy director for disgraced ex-Missouri Gov. Eric Greitens, Scharf served as violent crimes prosecutor in the U.S. Attorney’s Office for the Eastern District of Missouri before joining now-Solicitor General John Sauer’s James Otis Law Group. It was in private practice that Scharf became an attorney for Trump and defended the president from an indictment by former special counsel Jack Smith over attempts to overturn the 2020 election.
“Will is Tough, Strong, and Smart!” Trump said of the former federal appellate court clerk and Princeton University and Harvard Law School graduate. “He also loves our Country, and respects the Law.”
At the same time, the White House and sources close to the Trump administration dismiss speculation that the president is replacing current White House counsel David Warrington with Scharf in preparation for an onslaught of congressional oversight should Democrats win a majority in one chamber after November’s midterm elections.
“The White House is always prepared to respond to oversight requests, no matter who is in the House or Senate,” a White House official told the Washington Examiner.
Former House Oversight Committee Chairman Jason Chaffetz, a Republican, described both Warrington and Scharf as “talented attorneys” who “both have the trust of the president.”
“Either one of them would be exceptional in that position,” Chaffetz told the Washington Examiner.
But for Republican strategist John Feehery, former House Speaker Dennis Hastert’s press secretary, Scharf “will be more aggressive” than his predecessor.
“He has seen how Democrats operate with his experience with the Kavanaugh and Barrett nomination fights,” Feehery told the Washington Examiner of how Scharf helped confirm Supreme Court Justices Brett Kavanaugh and Amy Coney Barrett. “Also it is smart to get some more energy in that position because the next two years are gonna be a real battle if the Democrats win. It’s a big if but rather be ready for it if it happens.”
Former U.S. Attorney for the Eastern District of Arkansas Bud Cummins agreed that if Democrats retake the House, Scharf will be “at the center of fights over subpoenas, document demands, testimony, and executive privilege.”
“Scharf is a litigator who knows the president, knows the administration, and is not likely to be intimidated by congressional threats,” Cummins told the Washington Examiner. “I would expect him to forcefully contest demands the White House views as illegitimate rather than simply accommodate Democratic committees.”
To that end, Democrats have already previewed their strategy for next year if they win the House, presuming the White House will not cooperate with their investigations: target companies and financial firms with contracts, regulatory exposure, or other dealings with the administration.
Ty Cobb, who served as special White House counsel during Trump’s first term advising the president regarding DOJ’s special counsel Robert Mueller’s Russia investigation, concurred with Democrats’ assessment.
“We’ll start to see real defiance of lawfully issued congressional subpoenas and the court rulings that require the enforcement of those subpoenas, certainly you’re not going to see a Justice Department that honorably pursues the contempt charges that will be required in the face of that defiance,” Cobb told the Washington Examiner. “If Congress refers criminal contempt charges against somebody in the administration, they can’t realistically expect DOJ to pursue those referrals as the law requires. We’re just not going to see that, unlike what we have seen historically and recently experienced with [Steve] Bannon and [Peter] Navarro.”
Cobb, who also predicted increase use of executive privilege, argued that White House counsels are supposed to maintain a degree of independence. The attorney pointed to Scharf’s past claims that the 2020 election denier was stolen as cause for concern.
Although Scharf was once Trump’s personal attorney and has assisted him in expanding his presidential powers through executive action, he has exercised independence, reportedly criticizing White House deputy chief of staff for policy Stephen Miller’s proposal to end habeas corpus for illegal immigrants in a memo.
A former Trump campaign official and colleague of Scharf emphasized the new White House counsel’s character, contending he is “probably one of the most popular staff members” in the administration.
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For instance, Scharf organized a well-attended first 100 days party last year at a Washington, D.C., bar.
“He’s just a really sharp, dedicated, hardworking guy,” the former campaign official told the Washington Examiner. “He’s one of the guys you want to be in a foxhole with because, like I said, he keeps a good amount of levity in the office around him. Doesn’t get too hot, doesn’t get too cold, and you know, just inspires a lot of confidence amongst his colleagues.”