Advertise on podcast: Quick Insights on Congressional Investigations

In this episode, Michael and Andrew discuss how regulators view congressional investigations, including exploring both the advantages and the risks to the regulatory agency in these investigations.

In this episode, Michael and Andrew explore the important differences between House and Senate investigations.

In this episode, part two of a discussion with special guest Jessica Donlon, Michael and Andrew explore whether the minority can effectively conduct congressional oversight. Jessica is minority general counsel at the House Committee on Oversight and Reform.

In this episode, Michael and Andrew are joined by special guest Jessica Donlon, who currently serves as the minority general counsel at the House Committee on Oversight and Reform. Together, they discuss how congressional investigations are conducted and explore both the differences and commonalities between Congress and the Executive Branch. They also delve into the tools each branch uses to assert its authority.

In this episode, Michael and Andrew explore whether Congress can obtain confidential materials provided to federal regulatory and enforcement agencies. They address why Congress might request these materials. They also discuss how the different agencies treat and protect these materials.

In this episode, Michael and Andrew explore the risks of turning over confidential, sensitive or proprietary information to Congress, as this material is vulnerable to public disclosure. However, there are practical considerations that create incentives for Members of Congress and their staff to protect documents provided in confidence. It is important to carefully consider the steps that need to be taken in order to safeguard confidential information in advance of production.

In this episode, Michael and Andrew examine the challenging situation that arises when companies or individuals face concurrent congressional and regulatory investigations. Managing multiple investigations simultaneously can introduce significant complexity because Congress and executive branch agencies conduct their investigations under different constitutional authorities, for different purposes, pursuant to different rules and procedures. This episode focuses on strategies to improve the overall outcome while managing often competing risks.

In this episode, Michael and Andrew delve into one of the least understood aspects of congressional investigations: the vital role that staffers play and best practices for engaging with them to help shape investigations from the outset.

In this episode, Michael and Andrew address an important question for witnesses appearing before a congressional committee: does the 5th Amendment protection apply in congressional investigations the same way it does in Article III courts? Although witnesses may be reluctant to avail themselves of the 5th Amendment, there are some situations where the risks of publicly testifying outweigh the possible negative connotation associated with exercising the privilege. In instances where the privilege is asserted, Michael and Andrew discuss the congressional committee’s three likely responses.

In this episode, Michael and Andrew explore the political and legal risks of actively attempting to make a congressional investigation go away (an outcome that is rarely possible) and share strategies that may increase the chances that it will disappear on its own.

In this episode, Michael and Andrew share some high-level insights they have gleaned to help formulate a media strategy during a congressional investigation.

This episode adds to Michael and Andrew’s prior analysis of the DC Circuit’s decision in Maloney v. Murphy, which explored minority party members’ authority to conduct congressional investigations. Regardless of whether the minority members have that authority, their requests for information related to a congressional investigation should be carefully evaluated. In this episode, Michael and Andrew discuss practical considerations for private parties who receive these requests.