Congressional investigations are unlike investigations run by the Department of Justice, the Securities and Exchange Commission, or any other executive agency.  Congressional investigations are controlled directly by the political party in power and are governed by their own rules, almost always unchecked by any judicial oversight.  BCLP’s Congressional Investigations Response Team is uniquely positioned to assist companies and individuals to navigate the various requests and potential publicity that surround congressional investigations.  Composed of former senior staff for congressional committees and leadership, experienced white collar defense lawyers, civil litigators and public policy attorneys, BCLP can assist you in responding to informal requests and formal subpoenas issued by congressional committees.

House and Senate committees have broad investigatory powers that emanate from their independent constitutional position and duties.  There will not be a neutral judge who will oversee the investigation and to whom you might be able to turn if things start going sideways.  Essentially, these committees play by their own rules. 

BCLP’s Team can help you create a strategy and negotiate with the committee staffers to avoid problems and to deal with the unique aspects of congressional investigations.  Some of those aspects include:

  • Congressional position that does not recognize the attorney-client privilege or work product doctrine
  • Congressional position that does not recognize confidentiality of trade secrets or sensitive business information
  • Lack of a standard set of rules among the various committees that govern each investigation
  • The cumbersome process to declare a subpoena recipient in contempt of Congress
  • The existence of a political rationale behind the investigation
  • There are two parties, often with differing interests, and open lines of communications with both may sometimes be helpful
  • The very public nature of the investigation, which often may render any offer of confidentiality mute

The BCLP Congressional Investigations Response Team has helped both companies and individuals deal with some of the most significant congressional investigations in recent history.  It is composed of former senior Hill staffers, executive office staffers, public policy personnel, white collar defense lawyers, as well as substantive experts in different fields.

Representative Experience

  • Represented several individuals with respect to requests for information from congressional multiple committees.
  • Prepared witnesses to testify or be interviewed by congressional staff in connection with inquiries involving, among other subjects, tax, consumer protection, antitrust enforcement, product safety, and national security.
  • Represented executive branch officials in multiple congressional committees’ investigations.