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 Staff
Congressional 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 Targets
Administration 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 Enforcement
Georgia 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 InvestigationsPreparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private Parties
Recently, three key investigative committees of the House of Representatives—the Oversight and Government Reform Committee, Judiciary Committee, and Energy and Commerce Committee—each adopted their respective committee’s oversight plan for the new Congress, offering a window into the committees’ investigative priorities for the next two years. The newly adopted oversight plans provide insights into the companies and industries most likely to draw congressional scrutiny from these three significant committees.
Under clause 2(d) of Rule X of the House, each authorizing committee is required to adopt and submit an oversight plan to the Committee on Oversight and Government Reform and the Committee on House Administration by March 1 after the start of a new Congress. The Oversight and Government Reform Committee collects the individual oversight plans and later publishes a comprehensive collection by April 15.
With some exceptions, the current oversight plans described below align with the plans adopted by these committees in the last Congress, and the Republican Members of the committees rebuffed the Democratic Members’ efforts to expand the plans to encompass oversight of the new Trump Administration. During a series of contentious markups, the committees rejected various amendments that would have expanded the scope of the oversight plans to include reviews of the Trump Administration directives, federal funding freezes, the activities of the Department of Government Efficiency, and other topics. As a result, the oversight plans tend to focus on private sector investigations, suggesting that investigations of private sector interests may take an outsized role in these committees’ oversight activities in the current Congress.
Below we highlight those elements of the committees’ oversight plans that are mostly likely to have implications for private sector entities. The plans are especially relevant to clients in industries including energy and environment, aerospace and defense, communications, technology, artificial intelligence, higher education, and pharmaceuticals.Continue Reading Preparing Now for Expected Congressional Oversight: Newly Released Oversight Plans Signal Investigations of Private Parties
New Executive Order Gives President Veto Power Over Some FEC Rulemaking
In the latest in a series of executive actions that aim to reshape much of government, President Trump signed an executive order on February 18 expanding the President’s authority over so-called independent agencies within the executive branch. The impact of this executive order will be felt across the federal government
Continue Reading New Executive Order Gives President Veto Power Over Some FEC RulemakingDon’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment Restrictions
With the end of the Biden Administration, the start of the Trump 2.0 Administration, and a change of power in the U.S. House, the steady churn of high-skill professionals moving in and out of government positions has reached an all-time high. Indeed, beyond the typical cadre of newly unemployed political
Continue Reading Don’t Get Stuck in the Revolving Door: A Primer on Federal Post-Government Employment RestrictionsHouse Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform
The House Judiciary Committee Subcommittee on the Constitution, Civil Rights, and Civil Liberties held a hearing on Tuesday on potential reform of the Foreign Agents Registration Act (“FARA”), the first FARA hearing by the House Judiciary Committee in over 30 years.
FARA is an arcane statute that requires “agents of
Continue Reading House Judiciary Committee Holds Hearing on Foreign Agents Registration Act Reform