With fewer than 180 days until the midterm elections, Democratic Members of Congress are laying the groundwork for future congressional investigations in the event the party regains control of one or both chambers next year. Even as Democratic Members prepare for the possibility of winning the majority, developments such as the Virginia Supreme Court’s redistricting decision underscore that the outlook for partisan control remains fluid. Nevertheless, as Democratic oversight priorities come into sharper focus—and are increasingly telegraphed to the press and the public—companies should begin preparing now in advance of facing inquiries from newly empowered Democratic committee chairs in the next Congress. They should also carefully assess their responses to requests currently issued by the minority, recognizing that today’s “voluntary requests” could easily become tomorrow’s congressional subpoenas.
In this alert, we describe the possibility of bicameral Democratic oversight; executive accountability through private actors; and likely Democratic oversight priorities.