Congressional Investigation
33 Articles

The Anti-Stonewalling Playbook: How Congress Can Plan Now to Counter Executive Branch Obstruction Next Term
Former Justice Department official provides steps Congress can take to prepare an oversight agenda now for the next congressional term.

How Congress Can Give Epstein Survivors the Investigation They Deserve, Starting with Compelling Maxwell to Testify
Congress should use its authority to investigate fully, by compelling Maxwell to testify without granting her any pardon for her serious crimes.

The International Law Obligation to Investigate the Boat Strikes
Operation Southern Spear’s lethal boat strikes are unlawful under IHRL and, even on the administration’s own terms, trigger binding LOAC and DoD duties to investigate.

Three Thorny Issues to Watch in Congressional Investigations
Amidst an escalation of interbranch tension, the authors explore three emerging legal issues affecting the law of congressional oversight and separation of powers.

Congress Spotlight: The Minority’s Toolbox and a Possible Way Forward
The minority’s powers in Congress are limited—they cannot call hearings or issue subpoenas. But they do have a wide menu of options.
The State Department Should Provide Congress the Dissent Channel Cable on the Afghanistan Withdrawal
An ambassador responds to a colleague: release, with appropriate redaction, would support, not inhibit, State Department accountability.

Congress Can Investigate the Afghanistan Withdrawal Without Compromising a Vital Dissent Channel
Forcing release of such material would chill candor, intimidate potential dissenters from speaking up, and inject an element of gamesmanship.

A Pandemic Isn’t the Only Kind of “Catastrophic Risk.” It’s Time to Prepare More Seriously for the Next.
If any good is to come of this crisis, it must be an increased awareness of America’s vulnerability -- and what it takes to prepare.

Investigating a Crisis: A Comparison of Six U.S. Congressional Investigatory Commissions
A report that surveys the design, powers, and outcomes of significant congressionally created investigative commissions.

Iran’s Murder of an American, CIA Contractor Bob Levinson, Suggests Impunity at Home Too
In light of the internal power struggle that turned Levinson into a tragic pawn on the bureaucratic chessboard, fundamental questions remain unanswered.

The Trump-Giuliani Election Plan: Manipulating Voters
The public debate has included frequent reference to the potential destructive effects: illegal foreign interference in a presidential election that damages America’s democracy…

Understanding the Two Mazars Subpoena Cases Before the Supreme Court [UPDATED to reflect 11/25 stay of mandate]
Two cases currently before the Supreme Court involve whether the Constitution prohibits subpoenas issued to Donald Trump’s accounting firm, Mazars USA, LLP, requiring Mazars…