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
The Paper Trail Starts Now: Minority Document Preservation Letters and Preparing for Oversight to Come
With the midterm elections rapidly approaching, Democratic lawmakers in both the House and Senate have begun to return to an increasingly familiar tactic of the minority: firing off a flurry of document preservation letters that are a harbinger for the subpoenas to come. These early letters signal that key Democrats intend to hold potential investigative targets accountable if they regain power, and that they will not look fondly on parties that dismiss their requests. By urging federal agencies and private entities to secure records in advance, Democratic Ranking Members are making clear that they won’t wait idly to ensure relevant evidence is preserved.
Continue Reading The Paper Trail Starts Now: Minority Document Preservation Letters and Preparing for Oversight to ComeA Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due Diligence
Congressional investigations are now a common reality across corporate America, and companies large and small are therefore more focused than ever on the potential effects of congressional inquiries into business activities, goals, and strategies. In this new reality, the most sophisticated companies, private equity firms, and other corporate players are
Continue Reading A Potentially Overlooked Risk Area: Incorporating Congressional Investigations into Transactional Due DiligenceDemocratic Investigations Agenda is Coming Into Focus
If the upcoming midterm elections result in a Democratic majority in the House next year, companies, organizations, and individuals can expect a new wave of congressional investigations, hearings, and oversight, with a familiar focus on the Trump administration and an emphasis on a variety of private sector targets. The Democratic
Continue Reading Democratic Investigations Agenda is Coming Into FocusHandling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff
It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.
Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of StaffCongressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors
Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its most
Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private ActorsFederal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena Targets
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 la Torre alleged that any effort to pursue civil or criminal sanctions in connection with the resolutions would entail further “punishment” for his having invoked his Fifth Amendment rights in refusing to testify before the Senate Health, Education, Labor, and Pensions (“HELP”) Committee regarding the bankruptcy of Steward Health Care. Judge McFadden’s sweeping rejection of this challenge underscores the limited ability of congressional subpoena targets to seek relief in court and highlights the formidable protection the Constitution’s Speech or Debate Clause provides to congressional investigators.
Continue Reading Federal Court Dismisses Pre-Enforcement Challenge to HELP Committee Subpoena, Underscoring Limited Options for Congressional Subpoena TargetsAdministration Targets Lobbying by Federal Grantees with New Presidential Memorandum
Federal contractors, grantees, borrowers, and others receiving federal funds face a variety of restrictions on their use of those funds for political purposes, including for lobbying. A new presidential memorandum issued last week by President Trump highlights one of those restrictions, 31 U.S.C. § 1352, also known as the
Continue Reading Administration Targets Lobbying by Federal Grantees with New Presidential MemorandumRecent House Ethics Committee Actions Signal Expanding Scope of Enforcement
While historically criticized for inconsistency or opacity, the House Ethics Committee appears to be moving toward a more active and transparent enforcement posture. Last week, the Committee adopted two reports finding Rep. Alexandria Ocasio-Cortez (D-NY) and Rep. Mike Kelly (R-PA) violated House ethics rules. The reports together serve as a warning—both to Members of Congress and private parties engaging with the Hill—that we may have entered a period of heightened scrutiny of interactions between private parties and Members of Congress and their staff.
In particular, as discussed in greater detail below, the reports suggest that the Ethics Committee is increasingly focused on policing inadvertent violations that create an appearance of impropriety. Likewise, by publishing public reports in lieu of more traditional letters of reproval, the Committee may be signaling a desire to assert its authority while providing clear guidance to Members and private parties alike. Moreover, the dual release of the reports—adopted with a unanimous vote of the Committee’s members—signals the Ethics Committee’s intent to strictly enforce its rules publicly and across party lines. Below we provide an overview of each report, highlighting key Committee findings along with broader implications for congressional ethics enforcement.
Continue Reading Recent House Ethics Committee Actions Signal Expanding Scope of EnforcementGeorgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative Investigations
Last week, the Georgia state Senate authorized a sweeping investigation of former gubernatorial candidate Stacey Abrams, continuing a national trend of increased state legislative investigations. Although state-level investigations continue to lag far behind congressional investigations, state legislatures appear to be replicating what we see on the federal level with increasing
Continue Reading Georgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative Investigations