Congressional Investigations

Congressional investigations have served as harbingers or codas to key moments in American history - from the 1929 stock market crash and the McCarthy era to Watergate and the 2008 financial crisis. But the investigative procedures and tools available to Congress and the legal limits on congressional oversight are not widely understood. This seminar will address the legal and practical aspects of congressional investigations. It will start by analyzing seminal cases on the Congress's authority to investigate governmental and private actors. Students will then step into the shoes of congressional investigators through practical exercises to formulate investigation plans, draft subpoenas, find whistleblowers, negotiate accommodations, navigate salient political concerns, and prepare reports and hearings. Finally, the course will examine how oversight investigations can inform legislation. Students interested in enforcement and white-collar practices can benefit from this seminar because congressional investigations are becoming a significant aspect of those practices. Students interested in regulatory practices also may benefit from understanding how congressional oversight interacts with legislative and regulatory activities.