The new chairman of the House Committee on Oversight and Government Reform, Representative Trey Gowdy (R-S.C.), outlined his plans for the Committee last week.  As we expected, Mr. Gowdy said that he would pursue more methodical investigations.  Noting that hearings are “an inefficient way to gather facts,” Mr. Gowdy said that the Committee would pursue investigations outside of the public spotlight and then use hearings to present the Committee’s findings.

This shift in focus could have significant implications for private sector companies and executives that are investigated by the Committee.

First, more methodical investigations usually mean more extensive document requests, including discovery of electronic records such as internal company e-mails.  It may also mean that the Committee will conduct more interviews and depositions, or request that targets give sworn, written answers to detailed interrogatory requests.  These investigative tools and techniques are the same methods that are used by criminal prosecutors.  Mr. Gowdy, of course, is a former federal and state prosecutor.

Second, if the Committee conducts most of its investigation before proceeding to a hearing, hearings could be harder for company witnesses.  Mr. Gowdy is a strong questioner, and he is at his strongest when confronting witnesses about past statements.  If the Committee develops a detailed record of past statements, such as historical e-mails or deposition testimony taken in the context of the investigation, the hearings may look a lot like courtroom cross-examinations.

We previously noted that the Committee has sometimes been criticized for flitting from topic to topic, conducting a large number of relatively high level investigations.  For the targets of these investigations, the high-profile hearings are a significant challenge to be sure, but the legal and public relations risks are relatively contained.  Longer and deeper investigations carry significantly more risks to companies facing investigations by Mr. Gowdy and the Committee.

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Photo of Robert Kelner Robert Kelner

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads

Robert Kelner is the chair of Covington’s nationally recognized Election and Political Law Practice Group.  He counsels clients on the full range of political law compliance matters, and defends clients in civil and criminal law enforcement investigations concerning political activity. He also leads the firm’s prominent congressional investigations practice.

Rob’s political law compliance practice covers federal and state campaign finance, lobbying disclosure, pay to play, and government ethics laws. His expertise includes the Federal Election Campaign Act, Lobbying Disclosure Act, Ethics in Government Act, Foreign Agents Registration Act, and Foreign Corrupt Practices Act.

He is also a leading authority on the arcane rules governing political contributions and marketing activities by registered investment advisers and municipal securities dealers.

Rob’s political law clients include numerous multinational corporations, many of which are household names.  He counsels major banks, hedge funds, private equity funds, trade associations, PACs, political party committees, candidates, lobbying firms, and politically active high-net-worth individuals. He has represented the Republican National Committee, National Republican Congressional Committee, and National Republican Senatorial Committee.  He also advises Presidential political appointees on the complex vetting and confirmation process.

As a partner in the firm’s White Collar Defense & Investigations practice group, Rob regularly defends clients in congressional investigations before virtually every major congressional investigation committee.  He also defends corporations and others in investigations by the Federal Election Commission, the Public Integrity Section of the U.S. Department of Justice, federal Offices of Inspector General, and the House & Senate Ethics Committees.  He has prepared many CEOs and corporate executives for testimony before congressional investigation panels. He regularly leads the Practicing Law Institute’s training program on congressional investigations for in-house lawyers.  In addition, he is frequently retained to lead internal investigations and compliance reviews for major corporate clients concerning lobbying and campaign finance law issues.

Rob has appeared as a commentator on political law matters on The PBS News Hour, CNBC, Fox News, and NPR, and he has been quoted in the New York Times, Washington Post, Wall Street Journal, Associated Press, Legal Times, Roll Call, The Hill, Politico, USA Today, Financial Times, and other publications.

Rob is Chairman of Covington’s Professional Responsibility Committee and a General Counsel of the firm.  He also currently serves as Chairman of the District of Columbia Bar’s Legislative Practice Committee, and he previously was appointed by the President of the American Bar Association to serve on the ABA’s Standing Committee on Election Law.

Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

Brian is a Professorial Lecturer in Law at the George Washington University Law School.

Photo of Gabe Neville Gabe Neville

Gabe Neville, a non-lawyer, helps Covington’s clients navigate the complexities of federal policymaking.

Gabe helps clients in various sectors understand individual policymakers and the legislative and regulatory tools they can use to advance their agendas. Using an intimate knowledge of the government gained…

Gabe Neville, a non-lawyer, helps Covington’s clients navigate the complexities of federal policymaking.

Gabe helps clients in various sectors understand individual policymakers and the legislative and regulatory tools they can use to advance their agendas. Using an intimate knowledge of the government gained over a nearly twenty-year period as a Congressional staffer, he helps clients proactively engage the legislative and executive branches of government. He also advises clients on responding to congressional inquiries and invitations to testify.

Gabe joined Covington after nearly two decades as a senior congressional staffer, most recently serving as chief of staff for Pennsylvania Congressman Joe Pitts (R, PA-16). He previously worked for the Pennsylvania state legislature, and managed several successful political campaigns. After managing Congressman Pitts’ first campaign for Congress, he served the congressman as press secretary and then as chief of staff. In that role, he advised the congressman on a wide range of issues, with special attention to the range of health, energy, and telecommunications issues that come before the House Energy and Commerce Committee. Other issues Gabe engaged in range from agriculture to human rights.

As chief of staff to a leading conservative, Gabe also developed deep relationships within the conservative movement. He frequently chaired meetings of the Values Action Team (VAT) and attended meetings of the Republican Study Committee (RSC). Gabe continues to work with these and other right-of-center organizations in Congress, including the House Freedom Caucus.

While on Capitol Hill, Gabe worked closely with the members and staff of the Health Subcommittee while Congressman Pitts chaired that panel. The subcommittee oversees a wide range of government health programs and issues, including public health; hospital construction; mental health and research; biomedical programs and health protection in general, including public and private health insurance; food and drugs; and drug abuse. The subcommittee has jurisdiction over federal agencies responsible for public health programs, regulation, and administration. They include the Department of Health and Human Services (HHS), the Food and Drug Administration (FDA), the National Institutes of Health (NIH), the Centers for Disease Control (CDC), the Centers for Medicare and Medicaid Services (CMS), and others.

Photo of Andrew Garrahan Andrew Garrahan

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s…

Andrew Garrahan represents and counsels clients at the intersection of law and politics. He guides them through both regulatory compliance issues and government investigations on matters including state and federal campaign finance, ethics, lobbying, and corruption, as well as in congressional investigations.

Andrew’s prior career in political fundraising gives him a unique perspective on the challenges faced by his clients, which include corporations, candidates, government officials, political and nonprofit organizations, and private individuals.

Andrew’s counseling and advisory practice includes:

  • guiding clients on structuring of and compliance for their state and federal lobbying and grassroots advocacy campaigns;
  • representing campaigns, Super PACs, corporations, trade associations, and individuals on the applicability of the Federal Election Campaign Act (FECA) and state campaign finance law;
  • counseling on Foreign Agents Registration Act (FARA) registration and disclosure, and its interaction with the Lobbying Disclosure Act (LDA);
  • helping companies comply with state and federal ethics laws, particularly on gifts and conflicts of interests, and domestic anticorruption; and
  • auditing corporate political law compliance practices.

Andrew’s investigations and defense work includes:

  • representing clients in Congressional investigations, including responding to letter requests and subpoenas;
  • preparing company officers and other individuals for testimony in Congressional investigative hearings;
  • defending clients in Department of Justice matters related to campaign finance, lobbying, ethics, and public corruption; and
  • representing clients before the FEC and state campaign finance, lobbying, and ethics regulators.