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 written, for the past two years, congressional Democrats have sent dozens of letters requesting documents and information from the Trump administration and private parties. Although these letters clearly signaled Democratic investigative priorities, congressional Democrats in the minority lacked the authority to compel compliance. Yesterday’s election results changed that, and Democratic leaders have already made clear that they intend to pursue aggressive investigations, including through compulsory process.
In this alert, we identify a series of questions companies should consider in the aftermath of Election Day, along with steps they can take in the weeks ahead to be as prepared as possible when the new Congress convenes.