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 PartiesCongressional Investigations
AI 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 EnforcementThe Procedural Puzzle Complicating the Fauci Contempt Referral
Posted in Congressional Investigations
As widely reported, the Senate Homeland Security and Governmental Affairs Committee voted to hold Dr. Anthony Fauci in contempt of Congress following his appearance before the Committee in July, where he refused to answer the Committee’s questions by asserting his rights under the Fifth Amendment. At the same time, the…
Continue Reading The Procedural Puzzle Complicating the Fauci Contempt ReferralOLC Opinion Would Extend Executive Privilege to Include Private Advisers, Inviting Future Disputes with Congress and New Considerations for Private Parties
By Perrin Cooke, William Sokolove & Joshua Schenk on
Posted in Congressional Investigations
The Department of Justice’s Office of Legal Counsel (“OLC”) has issued a new legal opinion that may offer the administration new tools to withhold from disclosure the President’s communications with certain private parties. In an opinion published this week, OLC concluded that the presidential communications privilege shields from disclosure certain…
Continue Reading OLC Opinion Would Extend Executive Privilege to Include Private Advisers, Inviting Future Disputes with Congress and New Considerations for Private PartiesFauci Contempt Vote Underscores Renewed Stakes of Congressional Testimony
By Brian D. Smith & Darcy Slayton on
Posted in Congressional Investigations
On August 6, 2026, the Senate Homeland Security and Governmental Affairs Committee voted along party lines to hold Dr. Anthony Fauci in contempt of Congress. The vote followed Dr. Fauci’s refusal to answer questions during a July 29, 2026, hearing regarding the federal government’s COVID-19 response. The Committee referred the…
Continue Reading Fauci Contempt Vote Underscores Renewed Stakes of Congressional TestimonyGovernment Contractors Face Unique Risks Amid Growing Congressional Scrutiny
In recent years, investigators in Congress have ramped up scrutiny of government contractors and other recipients of federal funds. This trend has only accelerated in the current Congress, with Republican-led committees pursuing expansive inquiries targeting a wide variety of federal contractors and grantees. Along with familiar allegations of waste or…
Continue Reading Government Contractors Face Unique Risks Amid Growing Congressional ScrutinyToday’s Press Release Could Be Tomorrow’s Subpoena: Bracing For the Possibility of Democratic Congressional Investigations
With fewer than 180 days until the midterm elections, Democratic Members of Congress are laying the groundwork for future congressional investigations in the event the party regains control of one or both chambers next year. Even as Democratic Members prepare for the possibility of winning the majority, developments such as…
Continue Reading Today’s Press Release Could Be Tomorrow’s Subpoena: Bracing For the Possibility of Democratic Congressional InvestigationsThe Paper Trail Starts Now: Minority Document Preservation Letters and Preparing for Oversight to Come
By Perrin Cooke, William Sokolove & Joshua Schenk on
Posted in Congressional Investigations
With the midterm elections rapidly approaching, Democratic lawmakers in both the House and Senate have begun to return to an increasingly familiar tactic of the minority: firing off a flurry of document preservation letters that are a harbinger for the subpoenas to come. These early letters signal that key Democrats…
Continue Reading The Paper Trail Starts Now: Minority Document Preservation Letters and Preparing for Oversight to ComeA Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies. In this new reality, the most sophisticated companies, private equity firms, and other corporate players are…
Continue Reading A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence