Democrats have named more than a dozen Trump officials in letters, inspector general requests and impeachment resolutions, but only one formal congressional criminal referral of a Cabinet-level official turned up in our review: the March 2026 referral of former Homeland Security Secretary Kristi Noem. Democratic criminal referrals are requests, not charges. Where an official or spokesperson has responded, the response is included below.
This page tracks accusations and requests. Formal rulings by judges and inspectors general are in a separate list of court and IG findings. Nothing below is a finding that anyone broke the law, and none of these officials has been charged in connection with these matters.
Where it stands: Rep. Robert Garcia, the top Democrat on House Oversight, said in June 2026 that Attorney General Todd Blanche and other officials were likely to face subpoenas on “day one” of a Democratic House majority. Midterm Election Day is November 3. Until January, Democrats hold neither chamber and cannot compel testimony.
What are democratic criminal referrals, and what do they do?
A criminal referral is a letter asking the Justice Department to look at possible charges. It carries no legal force. Only federal prosecutors can bring federal charges, and only state prosecutors can bring state charges.
The authors of the Noem referral acknowledged the limit. Rep. Jamie Raskin and Sen. Dick Durbin wrote to then-Attorney General Pam Bondi: “While we have low expectations that you will pursue this matter given your partisan weaponization of the Department of Justice.” That characterization of the department is theirs. The Justice Department, now led by Blanche, has taken no public action on the referral that we could find.
| Official | What Democrats did | Type | Response |
|---|---|---|---|
| Kristi Noem | Raskin and Durbin referral to DOJ, March 2026; impeachment resolution, January 2026 | Criminal referral; resolution | DHS: perjury claim “categorically FALSE” |
| Kash Patel | Durbin asked the DOJ inspector general to investigate aircraft use, February 2026 | IG request | Spokesperson: Brown claim “totally false” |
| Steve Witkoff | Meeks, Amo and Garcia asked two acting IGs to investigate, January 2026 | IG request | Spokesperson: takes no salary, pays own travel |
| Tom Homan | Sen. Jacky Rosen asked the DOJ IG to review the closed case, February 2026 | IG request | White House: “blatantly political” |
| Jared Kushner | Garcia and Wyden letters, March 2026 | Minority inquiry | Rubio: he is “a private citizen” |
| Todd Blanche | Garcia: likely “day one” subpoenas | Stated plan | No direct response found |
| Howard Lutnick | Calls to resign from Democrats and some Republicans | Public call | Says he did nothing wrong |
| Scott Bessent | Rep. Terri Sewell and 54 Democrats letter on Argentina aid, October 2025 | Letter | No response found |
What does the Noem referral allege?
The referral, dated March 2026, says “A number of her statements appear to violate criminal statutes prohibiting perjury and knowingly making false statements to Congress.” It cites her early-March testimony to both Judiciary committees, including statements about DHS contracts and adviser Corey Lewandowski.
The responses came the same day. A DHS spokesperson told ABC News: “Any claim that Secretary Noem committed perjury is categorically FALSE.” A Justice Department spokesperson called it “the latest political stunt from the Democrats who should instead vote to reopen the Department of Homeland Security.” Trump had announced earlier that month that he was firing Noem as secretary, AP reported. Our Noem referral explainer covers the reported inspector general probe of DHS contracts in detail.
Which officials have Democrats asked inspectors general to examine?
At least four. None of these requests has been publicly confirmed as an open review by the inspector general who received it.
Kash Patel. Durbin, the top Democrat on Senate Judiciary, sent whistleblower information about the FBI director’s use of bureau aircraft to the Government Accountability Office and the DOJ inspector general in February 2026. His office said he “requests an OIG investigation.” Patel spokesperson Ben Williamson responded that the “Brown U thing is totally false but the Charlie Kirk allegation is even more egregious,” and added: “Durbin and whoever he’s speaking to are full of it.” The whistleblower claims are Durbin’s account.
Steve Witkoff. Reps. Gregory Meeks, Gabe Amo and Robert Garcia asked the acting inspectors general at Commerce and State to examine the special envoy’s ties to the Trump family’s World Liberty Financial crypto venture. A Witkoff spokesperson said he “takes no salary and travels the world on his own plane, at his own expense.” Secretary of State Marco Rubio, asked about Witkoff by Rep. Greg Stanton, said: “I have never seen any evidence that he’s made any decisions or advocated for any position that’s to his personal benefit.”
Tom Homan. Sen. Jacky Rosen asked the DOJ inspector general to review the department’s closed case. The White House called it “a blatantly political investigation which found no evidence of illegal activity.”
Corey Lewandowski. Garcia and two other ranking members asked the DHS inspector general in March 2026 to examine his influence over contracts. NBC News reported that he has denied receiving money from contractors; details are in the Noem explainer.
What happened to the Homan case?
It was closed by the current administration. CNN reported in September 2025 that the Trump Justice Department ended an inquiry that began under the Biden administration. FBI Director Kash Patel and then-Deputy Attorney General Todd Blanche said reviewers “found no credible evidence of any criminal wrongdoing.” The White House said Homan never took the money, CNBC reported. Democrats want that closure reviewed; that is a request, not a reopened case.
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Who else is on Democrats’ subpoena and letter lists?
Several officials appear only in letters or stated plans. A letter from the minority party is voluntary to answer.
Garcia and Sen. Ron Wyden wrote to Kushner’s firm, Affinity Partners, in March 2026 about how his government role is separated from his fundraising. Rubio told Stanton that Kushner “is a private citizen who’s been advising and participating in this voluntarily. He’s not compensated for it or in any way.”
Rep. Terri Sewell and 54 other House Democrats pressed Treasury Secretary Scott Bessent about the Argentina support package, citing what the Alabama Reporter described as a possible conflict involving an administration associate. Commerce Secretary Howard Lutnick, whose name appears in released Epstein files (which is not an accusation of a crime), gave a closed-door interview to House Oversight in May 2026 and said he has done nothing wrong, AP reported.
Bloomberg Government reported that Garcia ranks White House deputy chief of staff Stephen Miller high on a future subpoena list. That is one outlet’s report, and no probe or referral naming Miller has been found.
How have Republicans responded?
They describe the list as politics. House Speaker Mike Johnson warned earlier this year, as quoted by Rolling Stone: “They will turn every committee of Congress into an investigative body, and they’ll go after the president’s family, the Cabinet, his donors and friends.” The Justice Department called the Noem referral a stunt, and the White House called the Homan inquiry political. Our scenario hub on Democratic plans sets out which of these steps a House majority could take in January.
Frequently Asked Questions
What is a congressional criminal referral?
It is a letter from members of Congress asking the Justice Department to consider charges. It has no legal force. Congress cannot indict anyone, and the Justice Department decides whether to investigate or prosecute.
Which Trump officials have Democrats referred to the Justice Department?
The only formal congressional criminal referral of a Cabinet-level official we found is the March 2026 referral of former Homeland Security Secretary Kristi Noem by Rep. Jamie Raskin and Sen. Dick Durbin. DHS called the perjury claim false and the Justice Department called it a political stunt.
Is an inspector general investigating Kash Patel or Steve Witkoff?
Democrats have asked inspectors general to look at both. As of late October 2026, no inspector general had publicly confirmed opening a review of either man. A Patel spokesperson called the Durbin claims false, and a Witkoff spokesperson has said the envoy takes no salary and pays his own travel.
Was the Tom Homan case closed?
Yes. CNN reported in September 2025 that the Trump Justice Department closed it, and FBI Director Kash Patel and then-Deputy Attorney General Todd Blanche said reviewers found no credible evidence of wrongdoing. The White House said Homan never took the money.
Does being named in a Democratic letter mean an official did something wrong?
No. Letters, resolutions and referrals are claims or requests by their authors. None of the officials listed here has been charged with a crime in connection with these matters.
Sources
- House, Senate Judiciary Leaders Refer Kristi Noem to Justice Department for Perjury Investigation — House Judiciary Committee Democrats, March 16, 2026
- Top Democrats refer Noem to DOJ for alleged perjury — ABC News, March 16, 2026
- Durbin Reveals New Whistleblower Information For Investigation Into Kash Patel Joyriding To The Olympics — Senate Judiciary Committee Democrats, February 24, 2026
- Senator Durbin calls for probe into FBI chief’s alleged misuse of aircraft, including during Brown shooting — Boston Globe, February 24, 2026
- Meeks, Amo, Garcia Demand Investigation into Witkoff’s Business Dealings — House Foreign Affairs Committee Democrats, January 8, 2026
- U.S.-Russia talks on Ukraine now involve an oil deal tied to Trump — The New York Times (via Post and Courier), October 3, 2026
- Ranking Members Robert Garcia and Ron Wyden Investigate Jared Kushner Raising Billions from Middle East Governments — House Oversight Committee Democrats, March 19, 2026
- Stanton Confronts Secretary Rubio Over Foreign Conflicts of Interest Involving Trump Envoys Witkoff and Kushner — Rep. Greg Stanton, June 2026
- Blanche, other Trump officials could face subpoenas on ‘day 1’ of Democratic majority, Garcia says — The Hill (reposted by Rep. Robert Garcia), June 15, 2026
- Reports: Justice Department closed probe into Trump’s border czar, Tom Homan, for accepting bag of cash — CNN (via KVIA), September 22, 2025
- White House denies border czar Tom Homan took $50,000 from undercover FBI agents — CNBC, September 22, 2025
- Sen. Jacky Rosen calls for DOJ review of Tom Homan and $50,000 bribe investigation — MS NOW, February 2, 2026
- Lutnick’s interview in U.S. House Epstein probe draws partisan reaction — AP (via Global News), May 6, 2026
- Rep. Sewell leads 54 Democrats asking for answers on Argentina bailout — Alabama Reporter, October 22, 2025
- A $220 million ad blitz and a public split with Trump mark the end of Kristi Noem’s DHS tenure — AP (via News4Jax), March 6, 2026
- Some DHS contractors told White House officials they were asked to pay Corey Lewandowski — NBC News, March 19, 2026
- Ranking Members Garcia, Larsen, Thompson Call for Inspector General Investigation into Corey Lewandowski’s Influence over DHS Contracts — House Oversight Committee Democrats, March 18, 2026
- Miller, Noem Called High on Subpoena List If Democrats Win House — Bloomberg Government, April 2026
- Lutnick claims no relationship with Epstein amid calls to resign — Reuters (via Internazionale), February 10, 2026
- Democrats Prepare for Investigations Into Trump After Midterms — Rolling Stone, October 2026
This article is news reporting and analysis based on the public sources listed above, as they stood on the dates shown. Where officials, lawmakers or analysts disagree, including on whether an action is lawful, their positions are attributed to them; Donald Trump Class Action is not a court and nothing here is legal advice. Facts in a developing story can change.