• Congressional Investigations,  Impeachment

    Takeaways For Subpoena Season: Mid-Terms, Congress and the White House

    The Democrats having taken the House, there is no shortage of predictions of an oversight-apocalypse heading for the White House.  See here and here and here.  And, Jeff Sessions is no doubt relieved to be gone as Attorney General. Some of the doomsday observations are a bit fevered, but there is no doubt that congressional oversight received a shot in the arm from the election results.  And, there is no doubt that hard-charging, partisan investigations, as such inquiries especially tend to be in the House, are hard on executive branch lawyers, staff and witnesses as Politico notes: ‘It’s depressing as hell’: Dem win would spell misery for Trump White House aides…

  • Impeachment,  Public Corruption

    Impeachment Lessons and The Midnight Special

    This post will eventually test your affinity for the 1970s, which featured both Richard Nixon and The Midnight Special. The Special was formative in my teenage years, which explains a great deal. But first, many thanks to the Network of Trial Law Firms for the opportunity to speak in New York on “Impeachment Lessons for Internal Investigations”: People sometimes ask for good basic texts about impeachment generally.  Here are a few suggestions: Impeachment: A Handbook by Charles Black.  This slender, clear, nuanced volume is where you should start. As noted by Lawfare blog: The most important book ever written on presidential impeachment is only 69 pages long. Charles Black, Jr.,’s Impeachment:…

  • Congressional Investigations,  Impeachment

    Congressional Investigations, Criminal Cases and The Knights Who Say “Ni!”

    We are heading into what appears to be a summer of investigations along the Potomac, some of them in the House and Senate.  What are some of the things we might reasonably expect to see as investigations congressional and criminal cross paths?  And what does Monty Python have to do with it? Previously, I shared a few lessons about congressional investigations. First, the short-version video: Jack Sharman – Learning in Congress from Legal Filmworks Unlimited on Vimeo. Second, a longer how-to approach for lawyers and clients in a congressional investigation: In particular: We are in the summer months.  We have written before about  summer hearings: As a former oversight-and-investigations lawyer for…