Congressional Investigations

At the start of a new Congress, the House and Senate, and their committees, adopt internal rules that govern their operations, including rules that affect congressional investigations. These rules are often revised from Congress to Congress. To assist our clients responding to congressional investigations, this alert summarizes the rules for…

Continue Reading Congressional Investigations and the Rules of the 118th Congress

The House of Representatives formally established the new “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party,” with a bipartisan vote of 365-65. The Select Committee, to be chaired by Rep. Mike Gallagher (R-WI), a former military intelligence officer who also serves on the…

Continue Reading Preparing for Investigations by the New House Select Committee on China

Congressional investigations thrive in divided government.  With a constrained ability to advance policy through legislation, Members are more likely to turn to investigations as a means of making headlines and affecting private sector practices. 

The Democratic Senate majority and the Republican House majority give the respective majorities the ability to…

Continue Reading Congressional Investigations in the 118th Congress

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

Congressional investigations have continued to play a significant role in the 117th Congress. In February 2021, we predicted that the Democratic majorities in both the House and the Senate would target investigations at the private sector, and this prediction turned out to be correct. Already in 2021, committees in both…
Continue Reading Congressional Investigations and the Rules of the 117th Congress

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

Earlier today, the House Committee on Oversight and Reform’s “Oversight Plan” was published. The Oversight Plan provides a very useful roadmap of the Committee’s investigative priorities and should be seen as a fair warning to the industries and companies identified in the plan.

In a client alert today, we review…
Continue Reading The House Oversight Committee Investigative Agenda for the Next Two Years Highlights Likely Private Sector Targets for Congressional Investigations

Financial institutions are consistently targets of congressional oversight interest. In the last Congress, House and Senate committees held hearings with, demanded documents from, requested interviews with, and hosted briefings from a number of bank and non-bank financial institutions regarding a variety of issues. In a recent client alert, we…
Continue Reading Financial Institutions and Congressional Investigations – 2020 into 2021

Recently, the Senate adopted a power-sharing agreement providing some contours for organizing the equally divided body.  As we have discussed previously, such agreements are very rarely needed.  The Senate has only faced a 50-50 partisan split a handful of times.  The most recent instance, in 2001, prompted the first power-sharing…
Continue Reading Senate Subpoena Power Under the 2021 Power-Sharing Agreement

In recent months, we have highlighted key developments on Capitol Hill and discussed the implications of the change in Administration on the pace and focus of congressional investigations.  With a Democratic majority now in both the House and the Senate, investigations targeting the private sector are primed to take center…
Continue Reading Congressional Investigations with a Democratic House and Senate