Yesterday, the House Select Committee to Investigate the January 6th Attack on the United States Capitol filed a highly consequential brief in ongoing litigation relating to a subpoena seeking documents involving attorney John Eastman’s alleged participation in efforts to thwart Congress’s certification of the results of the 2020 Presidential election. Not surprisingly, the Select Committee’s
Congressional Investigations
Recent Developments Shed Further Light on Congressional Subpoena Authority
Back to Square One in the Courts
Historically, investigators on Capitol Hill have relied on civil enforcement proceedings to enforce their subpoenas and compel the production of sought-after documents or testimony. As we detailed in November, however, the D.C. Circuit cast doubt on the ability of investigators in the House to pursue this common avenue for enforcing its subpoenas.
Continue Reading Recent Developments Shed Further Light on Congressional Subpoena Authority
Financial Institutions and Congressional Investigations – 2020 into 2021
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Senate Subpoena Power Under the 2021 Power-Sharing Agreement
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Congressional Investigations with a Democratic House and Senate
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Congressional Investigations: Recent Events Bring Greater Clarity to Expectations for 2021
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 context of the upcoming election.
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Congressional Investigations in the Next Congress
Two years ago, the newly elected Democratic majority in the House promised a wave of investigations—and they sure did deliver. Even if you set aside the investigations related to the impeachment, the pace of investigations over the last two years was unlike anything we had witnessed in more than a decade.
A hallmark of the…
The Supreme Court’s Mazars Decision Contains a Significant Suggestion That Congress May Be Bound by the Attorney-Client Privilege in Congressional Investigations
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D.C. Circuit Rules Obstruction of Office of Congressional Ethics Not a Crime, but Questions and Risks Remain
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…
Congressional Pandemic Oversight Bodies Begin to Take Shape
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