• Congressional Investigations

    Clairol, Cohen and Congressional Staff Depositions

    With the ongoing saga of Michael Cohen’s appearance or non-appearance before Congress reminiscent of an old Clairol commercial (“Does he or doesn’t he testify?”), plus the new majority in Congress, my colleague Logan Matthews and I thought it appropriate to address for our friends at White Collar Law 360 the sometimes obscure but always menacing topic of Staff Depositions And The New Congress’ Investigations: Michael Cohen, President Donald Trump’s former lawyer, has withdrawn his offer to testify before Congress, citing what he believes to be safety concerns. Cohen may or may not ever testify — he is to report to federal prison in March. Either way, the dustup over Cohen may presage…

  • 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…