Sam Dewey Explains Congressional Oversight Powers and Mitigating Personal Risk

The Framers of the Constitution crafted a multi-Branch form of government to ensure a system of checks and balances. Each Branch checks the other Branches to ensure that one Branch does not exercise too much power. One of the most important powers given to the Legislative Branch is, of course, the ability to craft legislation. This affords Congress with unique implied powers that you might not expect them to have.

Congress has the ability to conduct investigations into almost anything it deems to be relevant to the enactment of laws. They also have the additional ability to investigate the activities of both the Executive and Judicial Branch thanks to the power of impeachment specified in Article I, Section II of the U.S. Constitution, which applies to all federal officials in the United States government and not only, as popularly believed, to the Presidency.

Since the power of Congress to investigate affairs it deems necessary is so broad, almost any individual or industry can get wrapped up in the proceedings (if the conditions are correct). In this article, attorney Sam Dewey explains what Congressional oversight powers are and how you can mitigate risk if you come under scrutiny.

What Are Congressional Oversight Powers?

Under the Constitution, the U.S. Senate and U.S. House of Representatives can exercise powers of Congressional oversight to obtain the information necessary to draft effective legislation. With a few exceptions for the President, Congress can obtain any information that is potentially relevant to drafting constitutionally permissible legislation. Courts are extremely reticent (unless the President is involved) to second guess Congress’s determination that itposses a valid legislative purpose for its inquiries.

The Supreme Court has explained that this power exists for good reason. Imagine the kind of chaos that would result if Congress only passed inadequate legislation or, worse yet, legislation based on faulty information. Still, not all Congressional investigations are worthwhile, and even when they are, businesses and individuals have a right to protect themselves and their interests.

Unfortunately, beyond the protections of the 5th Amendment, in narrow cases the 1st Amendment, and requiring Congress to follow its own rules there is little you can do to avoid presenting testimony or documents if a Congressional Committee compels you with a subpoena. Although Congressional oversight comes from implied powers within the Constitution, the Supreme Court has upheld and reaffirmed these powers on multiple occasions, most recently last year.

This has resulted in investigations of entire industries as recently as a few months ago.

For example, following the social unrest that led to the break-in at the U.S. Capitol Building in January, hearings were held with the heads of major technology companies. Congress grilled the CEOs of Facebook, Twitter, and Google on whether their platforms helped spread misinformation that led up to the event.

How to Mitigate Your Risk

You are not helpless if Congress comes calling. There are many things you can do to prepare yourself.If you or your company are under scrutiny from Congress, there are some steps you should take to mitigate risk.

As Samuel Dewey explains, it is essential to be knowledgeable about what information the Committee has and what they are looking to learn. The worst thing would be to go into a Congressional investigation and be suprised.

When preparing for an inquiry, you should consult with an experienced Congressional attorney who can advise you of your rights. You should know what you are expected to share and what you do not have to share.

In the meantime, you must begin to manage and mitigate any damage the oversight could cause to your company’s brand. Even if your company did nothing wrong, being involved in a Congressional investigation can cause irreparable damage. Get out ahead of things through preparation and consultation with experienced counsel and other experts.

About Sam Dewey

Sam Dewey is a successful lawyer and former Senior Counsel to the U.S. House of Representatives Financial Services Committee and Chief Investigator and Counsel to the U.S. Senate Special Committee on Aging. Mr. Dewey specializes in:(1) white-collar investigations, compliance, and litigation; (2) regulatory compliance and litigation; and (3) complex public policy matters. Within these fields, Mr. Dewey is considered an expert in Congressional investigations and attendant matters. Mr. Dewey has a B.A. in Political Science, a J.D. from Harvard, and is admitted to practice law in Washington, D.C., and Maryland.

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