Congressional Oversight

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The dome of the U.S. Capitol Buidling and the US flag.

How Impeachment Proceedings Would Strengthen Congress’s Investigatory Powers

Congressional oversight expert explains several ways in which Congress would have more legal powers to investigate President Trump for potential wrongdoing if it launches an impeachment…
US Attorney General William Barr testifies during a US House Commerce, Justice, Science, and Related Agencies Subcommittee hearing on the Department of Justice Budget Request for Fiscal Year 2020, on Capitol Hill in Washington, DC, April 9, 2019. He leans his head sideways into his hand.

When Is a “Literally True” Statement False and a Crime

"Reluctant witnesses, perhaps taking a cue from Attorney General William Barr’s April 9 testimony before a House committee, may think that so long as their testimony is literally…
A name plate for former White House Counsel Don McGahn sits on the witness table prior to a House Judiciary Committee hearing in which McGahn was subpoenaed to testify May 21, 2019 on Capitol Hill in Washington, DC.

The Three-Level Game in the White House Effort to Block McGahn’s Testimony

"It is a wonder that the attorney general is gambling on this case, to be brought on this record, to vindicate his constitutional theory."
A copy of the Mueller Report opened to page 166 and 167. Significant portions of the text are redacted.

Enforcing Congressional Subpoenas: A Modest Proposal

A change in the law that would enhance Congress’s ability to extract information from the executive branch is a heavy lift, particularly in the current climate. With that in…
House Judiciary Chairman Rep. Jerrold Nadler (D-NY) holds up copies of the Starr Report during a House Judiciary Committee markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report, on Capitol Hill April 3, 2019 in Washington, DC.

The Barr-Nadler Subpoena Standoff: Still Room for Accommodation?

In its standoff with the House Judiciary Committee over the Mueller report, the Justice Department’s assertions when it comes to protecting its law enforcement equities, are…
House Judiciary Committee Chairman Jerrold Nadler (D-NY) presides over a mark-up hearing where members may vote to hold Attorney General William Barr in contempt of Congress for not providing an unredacted copy of special prosecutor Robert Mueller's report in the Rayburn House Office Building on Capitol Hill May 08, 2019 in Washington, DC.

Q&A on House-Justice Dept Showdown Over Release of Unredacted Mueller Report and Contempt of Congress

We asked top expert Andy Wright, who has served in both the White House Counsel's Office and on the House Committee on Oversight and Government Reform.
Air Force Gen. John E. Hyten, Patrick M. Shanahan, Acting U.S. Secretary of Defense, and Secretary of the Air Force Heather A. Wilson listen during a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

The Pentagon’s 2018 Civilian Casualties Report: What’s In It and What’s Next

The Pentagon’s latest annual report, released this morning, lists shockingly low numbers of "credible" civilian casualties. It also illustrated the need for better processes…
Chairman Jerrold Nadler (D-NY) waits to start a House Judiciary Committee hearing where Attorney General Robert Barr declined to appear, Capitol Hill on May 2, 2019 in Washington, DC.

Amid the Nadler-Barr Standoff: Some History of Struggles Over Hearing Processes

Attorney General William Barr refused to appear before the House Judiciary Committee at its hearing today on the Mueller Report, further escalating the battle between the executive…
U.S. Attorney General William Barr leans his head sideways onto his hand as he testifies before the Senate Judiciary Committee May 1, 2019 in Washington, DC.

Barr and Congress: Is the Focus on Criminality Too Narrow?–Five Experts Weigh In

The Senate Judiciary Committee’s questioning of Attorney General William Barr yesterday raises the question of whether Congress, in responding to the findings in Special Counsel…
U.S. Rep. John Sarbanes (D-MD) speaks as Rep. Elijah Cummings (D-MD) and other democrats listen during a news conference at the U.S. Capitol January 4, 2019 in Washington, DC.

A Caution on Congressional Subpoenas and “Constitutional Crisis”

Last week, as part of its ongoing investigation into White House security clearance procedures, the House Committee on Oversight and Reform subpoenaed former White House personnel…
Marine Corps Gen. Joseph Dunford and Patrick M. Shanahan, Acting U.S. Secretary of Defense, are seen before a Senate Armed Services Committee hearing on April 11, 2019 in Washington, DC.

New DoD Policy on Amends Needs to Address Transparency Gap

New information from the U.S. Department of Defense (DoD) reveals a previously unrecognized transparency gap in the U.S. military’s efforts to acknowledge and address civilian…
U.S. Attorney General William Barr speaks with a clenched fist about the release of the redacted version of the Mueller report as U.S. Deputy Attorney General Rod Rosenstein and U.S. Acting Principal Associate Deputy Attorney General Ed O’Callaghan stand behind him at the Department of Justice April 18, 2019 in Washington, DC.

On Mueller Report, Barr Says No Executive Privilege Redactions. But Look for Assertion Later.

The release of the redacted version of the Mueller Report may not signal the end of debates over Executive Privilege, and is likely only the beginning of congressional activity…
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