Finding yourself or your business in the crosshairs of a congressional investigation can be an unnerving experience, even for those who have testified many times before. Even a simple request for information, if handled incorrectly, can have repercussions well beyond Capitol Hill.
Congressional investigations differ in fundamental ways from judicial or administrative proceedings: they move at a different pace, follow a different set of rules, and present clients with a unique range of options and outcomes.
Congressional investigations also pose unique risks, from reputational damage to legislative action. They can interact with, influence, and even spawn independent legal proceedings.
Successfully managing a congressional investigation—even defining what constitutes success—requires a unique understanding of the relevant players, process, stakes, and strategy. Tactics that prove effective in litigation or in discussions with regulators often fall flat on Capitol Hill. And strategies unavailable in a litigation context may win the day in a congressional investigation.
Examples of services provided include:
- Navigating inquiries: Handle both informal inquiries and formal committee requests and subpoenas
- Testimony drafting and preparation: Craft testimony and thoroughly prepare witnesses for the unique challenges of a congressional hearing
- Public relations oversight: Manage the public relations aspect of the matter
- Multi-branch coordination: Coordinate seamlessly across multiple branches to address overlapping inquiries from federal executive branch departments, agencies, and independent regulators
- Discovery management: Efficiently manage the discovery process
Members of our team have participated in congressional investigations from every angle: with the chairman on the dais, with the witness at the table, sitting in the witness chair, leading closed-door depositions and conducting factual inquiries.
Specifically, our lawyers have:
- testified and supported witnesses in open hearings, and have briefed Members and senior staff in the Capitol’s most secure spaces
- worked in senior positions in personal offices, in leadership offices, and on committee staff in the House and Senate, as well as in the White House and cabinet-level departments and agencies
- designed, executed, supported, and responded to congressional investigations into some of the most controversial matters over the last 20 years, including Iraq War contracting abuses, post-Katrina reconstruction, the Deepwater Horizon oil spill, the attack on the U.S. consulate in Benghazi, the “Fast and Furious” matter, interference with the 2016 US presidential election, leaks and data breaches like those resulting from the Edward Snowden and WikiLeaks Vault7 disclosures, significant cybersecurity attacks, and numerous classified and national security matters
- supported individuals, businesses, and cabinet-level agencies and officials as they navigate congressional scrutiny, from requests for information to nationally televised hearings
Our congressional investigations team draws on the experience of our global litigation practice as well as our award-winning partners at Konexo, who provide litigation and investigations support to meet the most urgent and demanding challenges.
We also couple our substantive experience in multiple sectors—including highly regulated sectors—to guide you successfully through all phases of congressional oversight, including:
- responding to initial congressional inquiries and proactively developing a strategy for engagement
- meeting with members and staff to determine the scope and nature of their interest
- identifying opportunities to help shape and steer that interest
- responding to committee requests for information, including subpoenas for witnesses and documents
- negotiating and managing document production
- preparing employees for meetings with staff and closed-door depositions
- preparing witnesses for hearings, including with a “murder board” of experienced legal, political, and communications professionals who can pressure test answers to the toughest questions
- working closely with your communications team—and recommending experienced communications professionals when necessary—to anticipate and shape the public narrative that often accompanies congressional scrutiny.
With senior executive experience at the National Security Council, the Office of the National Cyber Director, the Department of Defense, the Central Intelligence Agency, the House Permanent Select Committee on Intelligence, and the Senate Select Committee on Intelligence, our team has particular and deep experience experience managing the most complex classified, national security, and cybersecurity matters. Our lawyers also have significant experience navigating the Senate confirmation process, particularly in the national security realm.
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