Congressional Investigations of Presidential and Administration Misconduct
Congressional oversight is an indispensable component of our constitutional system of checks and balances. Recent inquiries concerning allegations of Administration and Presidential misconduct have become increasingly partisan. This has led to a series of lengthy and contentious disputes between the branches concerning congressional oversight authority and the scope and application of executive privilege. The seminar is designed to provide an in-depth understanding of: (i) Congressional rules, procedures, and practices applicable to oversight and impeachment investigations; (ii) Administration and DOJ legal opinions and guidelines applicable to congressional investigatory demands; and (iii) Federal court precedent with regard to congressional subpoena enforcement actions. We will also consider various proposed reforms to improve the functioning and operation of the investigatory process. The course will be drawn from the instructor’s experiences over 30 years as a House Judiciary Committee staffer — the last 20 as Democratic Staff Director and Chief Counsel.