As we highlighted in a prior post, in February, President Trump signed an executive order that expanded the President’s authority over independent agencies within the executive branch that could have important effects on future rulemakings and advisory opinions from the Federal Election Commission (FEC or “Commission”). In particular, we
Continue Reading Though Unsuccessful, Challenge to Trump Executive Order Yields Potentially Noteworthy Representations Regarding FEC Independence
House Releases Sweeping Oversight Agenda for 119th Congress: Major Focus Areas for Private Sector Entities
As we previewed in a prior alert, the House Oversight and Government Reform Committee recently published a complete collection of oversight plans adopted by each authorizing committee of the House of Representatives for the current Congress. Taken together, these plans outline an expansive and aggressive agenda for congressional investigations
Continue Reading House Releases Sweeping Oversight Agenda for 119th Congress: Major Focus Areas for Private Sector EntitiesGeorgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative Investigations
Last week, the Georgia state Senate authorized a sweeping investigation of former gubernatorial candidate Stacey Abrams, continuing a national trend of increased state legislative investigations. Although state-level investigations continue to lag far behind congressional investigations, state legislatures appear to be replicating what we see on the federal level with increasing
Continue Reading Georgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative InvestigationsPreparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private Parties
Recently, three key investigative committees of the House of Representatives—the Oversight and Government Reform Committee, Judiciary Committee, and Energy and Commerce Committee—each adopted their respective committee’s oversight plan for the new Congress, offering a window into the committees’ investigative priorities for the next two years. The newly
Continue Reading Preparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private PartiesNew Executive Order Gives President Veto Power Over Some FEC Rulemaking
In the latest in a series of executive actions that aim to reshape much of government, President Trump signed an executive order on February 18 expanding the President’s authority over so-called independent agencies within the executive branch. The impact of this executive order will be felt across the federal government
Continue Reading New Executive Order Gives President Veto Power Over Some FEC RulemakingDon’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment Restrictions
With the end of the Biden Administration, the start of the Trump 2.0 Administration, and a change of power in the U.S. House, the steady churn of high-skill professionals moving in and out of government positions has reached an all-time high. Indeed, beyond the typical cadre of newly unemployed political
Continue Reading Don’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment RestrictionsHouse Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform
The House Judiciary Committee Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing on Tuesday on potential reform of the Foreign Agents Registration Act (“FARA”), the first FARA hearing by the House Judiciary Committee in over 30 years.
FARA is an arcane statute that requires “agents of
Continue Reading House Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform
January 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations
Yesterday, the House Select Committee to Investigate the January 6th Attack on the United States Capitol filed a highly consequential brief in ongoing litigation relating to a subpoena seeking documents involving attorney John Eastman’s alleged participation in efforts to thwart Congress’s certification of the results of the 2020 Presidential election.
Continue Reading January 6 Committee Filing Provides Further Support for Parties Asserting Attorney-Client Privilege in Congressional Investigations
Considering the Broader Implications of Cruz v. FEC
Late last week, the Supreme Court indicated that it intends to review a challenge by Senator Ted Cruz (R-TX) to federal limits on the use of post-election contributions to repay pre-election loans that candidates make to their own campaigns. This follows an earlier three-judge district court decision that struck down
Continue Reading Considering the Broader Implications of Cruz v. FEC
Recent Developments Shed Further Light on Congressional Subpoena Authority
Throughout recent months, we have closely monitored important developments in the courts and on Capitol Hill related to Congress’s power to issue and enforce subpoenas for documents or witness testimony. As members of the 117th Congress continue to develop legislative and oversight priorities, a number of recent events signal continued uncertainty in congressional subpoena authority and interest in Congress in clarifying and strengthening that authority. As discussed below, these recent developments hold significant implications for Congress’s ability to compel cooperation with their investigations.
Continue Reading Recent Developments Shed Further Light on Congressional Subpoena Authority