The midterm elections are expected to usher in a new wave of congressional oversight, and the House Armed Services Committee seems poised to open significantly more investigations in the 120th Congress than it has in recent years. In a November 4, 2026, statement, Ranking Member Adam Smith (D-Wash.)
Continue Reading House Armed Services Committee Poised to Ramp Up Oversight of Defense ContractorsWhat the 2026 Exit Polls Signal for Democratic Investigations in Congress
Posted in Congressional Investigations
Voters handed the Democratic Party a decisive win, voicing deep frustration with the status quo. But with President Trump still in the White House and holding veto power, Democratic Members of Congress will likely find it difficult to pass legislation. Organizations should expect Democratic Members to use their investigative authority…
Continue Reading What the 2026 Exit Polls Signal for Democratic Investigations in Congress“Lawyer Up”: Conservatives Should Prepare Now for the Coming Democratic Oversight Push
Posted in Congressional Investigations
Following last night’s sweeping Democratic victories, which delivered the party control of both the House and the Senate, the incoming Chairman of the House Committee on Oversight and Government Reform, Representative Robert Garcia, issued a two-word statement that is drawing significant attention: “Lawyer up.” The message is unmistakable. Organizations, donors…
Continue Reading “Lawyer Up”: Conservatives Should Prepare Now for the Coming Democratic Oversight PushReady or Not: The Next Wave of Democratic Congressional Investigations Is Coming
For months, Members of Congress, commentators, and companies have previewed what Democratic control of the House and Senate would mean for congressional oversight. Yesterday, voters made it official. In two months, Democrats will hold the gavels in both chambers—and the subpoena power that comes with them.
As we have previously…
Continue Reading Ready or Not: The Next Wave of Democratic Congressional Investigations Is ComingFrom Incident Response to Congressional Response: Preparing for Oversight Before and After a Cybersecurity Incident
In recent years, Congress has become increasingly focused on private sector cybersecurity practices as a matter of public concern and national security, particularly as the cybersecurity threat landscape continues to evolve rapidly. Lawmakers on both sides of the aisle have demonstrated sustained interest in whether companies appropriately collect, safeguard, and…
Continue Reading From Incident Response to Congressional Response: Preparing for Oversight Before and After a Cybersecurity IncidentRare House Contempt Resolutions Signal Heightened Risks for Private Parties
Posted in Congressional Investigations
Earlier this month, the House of Representatives adopted resolutions holding two witnesses in contempt of Congress for failing to comply with subpoenas issued by the House Committee on Ethics in connection with the Committee’s investigation of alleged congressional ethics violations by former Representative Sheila Cherfilus-McCormick (D-Fla.). The House acted unanimously…
Continue Reading Rare House Contempt Resolutions Signal Heightened Risks for Private PartiesDOJ Issues Press Release Regarding Liability for Unregistered Foreign Agents
By Robert Kelner, Brian D. Smith & Alex Langton on
Posted in Foreign Agents Registration Act
Today the Department of Justice (“DOJ”) issued an unusual press release that may signal stepped up enforcement of the Foreign Agents Registration Act (“FARA”). In the press release, DOJ reminded the public of FARA’s requirements and warned of potential “civil and criminal liability” for noncompliance. In this alert…
Continue Reading DOJ Issues Press Release Regarding Liability for Unregistered Foreign AgentsAI Industry Could Face New House Committee Armed with Subpoena Power
The artificial intelligence industry could face a new, dedicated congressional investigative committee if Democratic Members of Congress take control of the House of Representatives following November’s midterm elections. The House Democratic leaders are reportedly laying the groundwork to create a select committee focused on artificial intelligence (“AI”) in the new…
Continue Reading AI Industry Could Face New House Committee Armed with Subpoena PowerNew Lawsuit Raises Unresolved Questions About House Civil Subpoena Enforcement
By Brian D. Smith, Perrin Cooke & Joshua Schenk on
Posted in Congressional Investigations
Former Apollo Global Management CEO Leon Black has taken the unusual step of filing a lawsuit seeking to preclude the House of Representatives’ Committee on Oversight and Government Reform from enforcing subpoenas the Committee issued in its investigations related to Jeffrey Epstein. Black’s complaint, which challenges the Committee’s authority to…
Continue Reading New Lawsuit Raises Unresolved Questions About House Civil Subpoena EnforcementSupreme Court Action Revives FCC Media Bureau’s Political Ad Guidance
Posted in Campaign Finance
Late Friday afternoon, the U.S. Supreme Court granted a stay of the Fourth Circuit’s decision setting aside the FCC Media Bureau’s guidance on entitlement to the lowest unit charge (“LUC”) for certain political ads placed on broadcast TV and radio. See our prior post about this issue here. Notably…
Continue Reading Supreme Court Action Revives FCC Media Bureau’s Political Ad Guidance