congressional subpoena

Voters handed the Democratic Party a decisive win, voicing deep frustration with the status quo.  But with President Trump still in the White House and holding veto power, Democratic Members of Congress will likely find it difficult to pass legislation.  Organizations should expect Democratic Members to use their investigative authority…

Continue Reading What the 2026 Exit Polls Signal for Democratic Investigations in Congress

Following last night’s sweeping Democratic victories, which delivered the party control of both the House and the Senate, the incoming Chairman of the House Committee on Oversight and Government Reform, Representative Robert Garcia, issued a two-word statement that is drawing significant attention: “Lawyer up.” The message is unmistakable. Organizations, donors…

Continue Reading “Lawyer Up”: Conservatives Should Prepare Now for the Coming Democratic Oversight Push

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…

Continue Reading Ready or Not: The Next Wave of Democratic Congressional Investigations Is Coming

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 Enforcement

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 Investigations

On September 16, 2025, Judge Trevor McFadden of the U.S. District Court for the District of Columbia dismissed Dr. Ralph de la Torre’s effort to bar criminal or civil enforcement of the Senate’s resolutions holding him in civil and criminal contempt of Congress.  In bringing his pre-enforcement challenge, Dr. de…

Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets  

Update: On September 19, 2024, the Senate Committee on Health, Education, Labor, and Pensions (HELP) voted unanimously to adopt resolutions for civil and criminal enforcement of the Committee’s subpoena to Steward Health Care CEO Dr. Ralph de la Torre.  On September 25, 2024, the full Senate voted unanimously to refer…

Continue Reading An Empty Chair and a Not-so-Empty Threat:  Senate HELP Committee to Vote on Rare Civil and Criminal Subpoena Enforcement Actions Against Steward Health Care CEO 

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

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

As the calendar turns from 2020 to 2021, we are taking stock of congressional investigations over the past two years, and assessing events in the recent weeks that help to shed light on the likely trajectory for congressional investigations in 2021.

  • In late October, we considered congressional investigations in the

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Continue Reading Congressional Investigations: Recent Events Bring Greater Clarity to Expectations for 2021