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Can Companies Find Refuge Against Congressional Investigations in the Post-Trump Era? | K&L Gates LLP


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The congressional investigations landscape has shifted in the post-Trump era. With Democrats in charge of both chambers of Congress and the White House, more investigations will likely focus on the private sector. Beyond the politics inherent in every congressional investigation, the law of congressional investigations has also evolved. Suits involving the former president have forced courts to grapple with the reach and power of congressional investigations. This alert surveys judicial review of congressional inquiry power, including enforceability of House subpoenas absent authorizing legislation, judicial scrutiny of Congress’s legislative purpose, minority party power to compel executive branch records, and the viability of common law privileges in congressional investigations. Understanding these developments will aid in the defense of companies and private parties charged with responding to a congressional in ....

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Congressional Investigation Law Evolution: Private Sector Focus


Tuesday, April 20, 2021
The congressional investigations landscape has shifted in the post-Trump era. With Democrats in charge of both chambers of Congress and the White House, more investigations will likely focus on the private sector. Beyond the politics inherent in every congressional investigation, the law of congressional investigations has also evolved. Suits involving the former president have forced courts to grapple with the reach and power of congressional investigations. This alert surveys judicial review of congressional inquiry power, including enforceability of House subpoenas absent authorizing legislation, judicial scrutiny of Congress’s legislative purpose, minority party power to compel executive branch records, and the viability of common law privileges in congressional investigations. Understanding these developments will aid in the defense of companies and private parties charged with responding to a congressional investigation.  ....

New York , United States , District Of Columbia , White House , Don Mcgahn , Andrew Mccanse Wright , Andy Wright , Us Court , Us District Court , Congressional Research Service , House Judiciary Committee , House Committee On Financial Services , Permanent Select Committee On Intelligence , Deustche Bank , House Committee On Oversight , Committee On Governmental Affairs Of The Senate , While The Supreme Court , District Court , Deutsche Bank , Biden Administration , Supreme Court , Capital One , Senate Whitewater , White House Counsel Don Mcgahn , House Democrats , President Trump ,