Tag Archives: Senate

Senate Subpoena Power Under the 2021 Power-Sharing Agreement

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 agreement, which served as a … Continue Reading

Governing Under an Equally Divided Senate

After the election of two Democratic Senate candidates in the Georgia runoff elections on January 5, 2021, the Senate this year will be equally divided between 50 Democratic Senators (and those caucusing with them) and 50 Republican Senators. Governing in an equally divided Senate presents several challenges regarding the internal rules of the Senate, the … Continue Reading

Requesting Congressional Outreach: Key Compliance Considerations

Assistance from congressional offices can be invaluable to an organization with interests before executive branch agencies.  But it also can pose legal and optics risks to both the organization requesting the assistance and the congressional office and Member of Congress doing the outreach.  A number of high-profile scandals, including the Keating Five matter in which … Continue Reading

D.C. Circuit Dismisses Major Case Concerning Attorney-Client Privilege in Congressional Investigations

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 … Continue Reading

The Senate’s District Court Win in the Backpage Subpoena Fight Could Have Significant Implications for Congressional Investigations

Last week, the U.S. District Court for the District of Columbia ruled in favor of the Senate Permanent Subcommittee on Investigations in a rare case that has the potential to contribute significantly to the case law concerning congressional investigations. It is uncommon for a federal court to have an opportunity to rule on a congressional … Continue Reading

Ethics Enforcement in the 114th Congress

The notion that the House and Senate Ethics Committees are inactive bodies, often implied in media coverage, is far from the truth. During the previous Congress, the House Ethics Committee issued more than 900 formal advisory opinions and addressed more than 40,000 informal requests for guidance.  In the first half of the 113th Congress alone, … Continue Reading
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