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

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

The long saga of the legal challenge by Carl Ferrer, CEO of Backpage, to a subpoena issued by the Senate’s Permanent Subcommittee on Investigations (“PSI”) appears to have reached a conclusion.  A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit this week dismissed the case as moot and additionally vacated a

Earlier today a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Wagner v. FEC, sending the legal challenge brought by three federal contractors back to the start.

The contractors had sued the Federal Election Commission back in October 2011, arguing that federal law unconstitutionally prohibits federal

On Thursday,  the U.S. Court of Appeals for the D.C. Circuit wrapped up its 2012–2013 Term by hearing argument in Wagner v. FEC, a case that challenges the Federal Election Campaign Act provision prohibiting federal contractors from making political contributions in connection with federal elections.  The court typically issues opinions argued during a term