Congressional Investigations

Congressional investigations are high-profile, high-stakes, and fast-moving matters that can present substantial risk to businesses, non-profits, funders, public officials, and private individuals. Congressional oversight, moreover, rarely occurs in a vacuum; it often unfolds alongside parallel litigation, regulatory activity, and state or federal investigations. These matters therefore require a strategic, comprehensive response from experts who understand Congress and appreciate how to navigate that environment while addressing a range of related challenges. Our firm has the experience to help clients through congressional investigations and to support clients in mitigating risk while advancing their own ultimate objectives in responding to such inquiries. 

In approaching congressional matters, we craft holistic strategies that frequently start well before our clients receive any inquiries from Congress—and that seek to decrease the probability that such an investigation will be initiated. For clients that have received requests or subpoenas, we are experienced at engaging with congressional actors, managing document productions, preparing clients to testify, putting together staff briefings, advising on internal and external communications, and addressing the many other issues that may arise in this setting. Our lawyers are familiar with the investigative committees in both chambers of Congress and have experience handling investigations on a broad range of topics. We are particularly skilled at addressing legal and constitutional questions that may arise in connection with congressional investigations and have substantial experience with litigating and negotiating disputes about the proper scope of congressional investigative authority. Across our congressional representations, we leverage the deep expertise of our white collar and investigations practices to help clients anticipate risk, manage exposure, and achieve successful outcomes in these complex matters.

Many of our prior representations in this space are confidential. In responding to congressional inquiries, our clients have included a global technology company, a consultancy, an elite university, an asset manager, a prominent political organization, nonprofit groups focused on a range of issues, high-level local, state, federal, and foreign officials, high-level federal agency employees and former employees, and several individual scholars and scientists. Recently, we also represented former President Biden in connection with unprecedented congressional efforts to obtain the testimony of his Cabinet and senior staff. We have represented an even wider range of actors in preparing for, and successfully seeking to avoid, congressional inquiries—and are deeply experienced at coordinating with individuals and groups for that strategic purpose. 

Our team for congressional matters has prior experience serving on congressional staff and holding senior positions in the executive branch. Partner Joshua Matz has served as both in-house and outside counsel to the House Judiciary Committee; he has also filed amicus briefs on behalf of Members of Congress, counseled Members on legislative and oversight matters, and published on congressional power with Harvard Law Professor Larry Tribe. Partner Marshall Miller served as Principal Associate Deputy Attorney General at DOJ, where he oversaw DOJ’s relations with Congress, including responses to congressional investigations and subpoenas, requests for testimony from DOJ personnel, and appearances by Department leadership at congressional hearings. Partner Trisha Anderson, as Principal Deputy Assistant Attorney General in the Office of Legal Counsel at DOJ, led the development of legal strategy for the Executive Branch’s highest-stakes matters before Congress and provided legal guidance across the Executive Branch on Congress’s oversight powers, executive privilege, immunity, and contempt. And Partner Amy Jeffress has led the response to numerous high-stakes congressional investigations, drawing on her prior experience as a federal national security prosecutor, DOJ Attaché to the U.S. Embassy in London, and Counselor to the Attorney General.  

In recent years, lawyers at Hecker Fink have advised clients in connection with inquiries from many House committees, including Judiciary, Oversight, Financial Services, Homeland Security, Education & Workforce, Natural Resources, Administration, and the House Permanent Select Committee on Intelligence, as well as many Senate committees, including Judiciary, Finance, Homeland Security & Government Affairs, Senate Select Committee on Intelligence, and the Senate Permanent Subcommittee on Investigations.