On Monday, August 31, a panel of the U.S. Court of Appeals for the D.C. Circuit upended more than a decade of district court precedent and deprived—at least for the moment—the U.S. House of Representatives of its ability to seek civil enforcement of subpoenas. In Committee on the Judiciary v. McGahn, the court
Congressional Investigations
The Supreme Court’s Mazars Decision Contains a Significant Suggestion That Congress May Be Bound by the Attorney-Client Privilege in Congressional Investigations
Understandably, much of the commentary following the release of the Supreme Court’s blockbuster decision in Trump v. Mazars USA, LLP has focused on the impact of the Court’s ruling on the long-running quest for the President’s tax returns and other financial records. Buried in the Court’s opinion, however, is an easily overlooked aside regarding the…
D.C. Circuit Rules Obstruction of Office of Congressional Ethics Not a Crime, but Questions and Risks Remain
In a unanimous ruling, the D.C. Circuit shed new light this week on the applicability of key federal criminal statutes on proceedings before the Office of Congressional Ethics (“OCE”). While largely removing the prospect of criminal obstruction liability for parties responding to inquiries from OCE, the court’s opinion is another reminder of the potentially…
Congressional Pandemic Oversight Bodies Begin to Take Shape
As we reported in our prior client advisory on the wave of investigations to follow the pandemic, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act established three new bodies to conduct oversight and investigations on pandemic-related issues. Separately, House Speaker Nancy Pelosi announced a special committee to conduct additional pandemic-related oversight. In recent weeks,…
House Leaders Push Ahead with Proposal for Virtual Oversight
Last month, we highlighted congressional efforts to ensure that Congress is able to continue conducting the business of the American people during the ongoing COVID-19 crisis. After weeks of halting progress, those efforts took an important step forward this morning with the release of a proposed resolution that would temporarily modify the House rules to…
GAO Set To Launch Flurry of COVID-19 Related Audits
The Government Accountability Office (“GAO”), often referred to as Congress’ watchdog, is ramping up its oversight activities in preparation for an influx of investigations into fraud, waste, abuse, and mismanagement of funds distributed in Congress’s $2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The GAO recently signaled its intent to investigate a…
Congressional Paper Hearings: The Future or The Past?
Congressional leaders are actively exploring ways to continue the work of Congress as the COVID-19 crisis continues to unfold. Currently, Congress is not able to have live, in-person hearings, which are the primary tool for conducting oversight of both the private sector and the executive branch. With existing oversight investigations still underway—and the recent establishment…
Congress Creates New Oversight Functions for Coronavirus Relief
Although a final version of the Coronavirus Aid, Relief, and Economic Security (CARES) Act is not yet available, based on what we know so far, it appears that the legislation will include the provisions described below establishing oversight functions for the use of stimulus and bailout funds. According to a number of sources, the bill…
Interacting with the Government During the Pandemic: Compliance Blind Spots for Corporations and Executives
The consequences of the COVID-19 pandemic are reverberating in every sector of the global economy, from life sciences to transportation, retail to manufacturing, financial services to sports and entertainment. As federal, state, and local governments attempt to blunt the pandemic’s public health and economic effects, many companies are frantically working with government to seek the…
Drug Pricing Investigations in the 116th Congress
Consistent with popular predictions and our prior posts, Congress made drug pricing a key item on its investigative agenda in the first year of the 116th Congress. Several factors contributed to the uptick in congressional drug pricing oversight activity, including the elevation of new Democratic chairs in the House with longstanding interests in drug…