Congressional Investigations And Oversight

Author : Lance Cole (Law teacher),Stanley M. Brand,Michael Dimino
Publisher : Carolina Academic Press LLC
Page : 0 pages
File Size : 45,9 Mb
Release : 2023
Category : Governmental investigations
ISBN : 1531023452

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Congressional Investigations and Oversight by Lance Cole (Law teacher),Stanley M. Brand,Michael Dimino Pdf

This book examines the legal and policy issues surrounding congressional investigations through a series of case studies, with an emphasis on the second half of the twentieth century to date. The new and updated second edition covers significant developments from the Obama and Trump administrations, including the two Trump impeachments, the January 6 Committee investigation of the 2021 insurrection at the U.S. Capitol, and recent Supreme Court decisions on congressional investigative powers. The book is organized by case study topic, with each chapter using two or three case studies to introduce and analyze a discrete area of legal authorities and policy issues. The central thesis and organizing principle of the book is the importance of effective congressional oversight and investigative activities in our American democratic system of government, especially in the aftermath of the disputed 2020 presidential election. In addition to collecting legal authorities, the book includes relevant historical information and structural analysis of government functions, with an emphasis on separation of powers issues. The use of a case study format, rather than a traditional law school casebook format, is intended to present the subject matter in a way that can be used to teach undergraduate and graduate school courses as well as law school courses. The authors combine original congressional and judicial source materials with book excerpts and explanatory text, as well as notes and questions for each case study, to make the subject matter accessible to graduate and upper-level undergraduate students in government and political science courses, as well as to law students.

Author : Anonim
Publisher : DIANE Publishing
Page : 168 pages
File Size : 42,8 Mb
Release : 2024-06-16
Category : Electronic
ISBN : 9781437980042

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Congressional Oversight Manual by Anonim Pdf

Author : Morton Rosenburg
Publisher : Nova Biomedical Books
Page : 106 pages
File Size : 43,5 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063275189

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Investigative Oversight by Morton Rosenburg Pdf

Congressional investigations have a special role in the history and the life of our government. In addition to informing Congress, so as to best accomplish its task of developing legislation, monitoring the implementation of public policy, and of disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress' role in our constitutional scheme of cheques and balances. While they are only investigations, the high profile nature of many, including the failed St. Clair expedition of 1792 through Teapot Dome, Watergate, Iran-Contra and Whitewater has established in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in the government. This book thoroughly highlights the more common legal, procedural and practical issues, questions and problems that committees have faced in the course of an investigation. Problems of investigating the executive branch are detailed, with the focal point being the claim of the presidential executive privilege, and the problem of accessing information with respect to open or closed civil or criminal investigative matters. Various other issues are also touched and described.

Author : United States. Congress. House. Committee on Oversight and Government Reform
Publisher : Unknown
Page : 100 pages
File Size : 47,9 Mb
Release : 2011
Category : Law
ISBN : UCSD:31822038354593

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Obstruction of Justice by United States. Congress. House. Committee on Oversight and Government Reform Pdf

Author : Douglas L. Kriner,Eric Schickler
Publisher : Princeton University Press
Page : 300 pages
File Size : 53,8 Mb
Release : 2016-09-13
Category : Political Science
ISBN : 9780691171869

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Investigating the President by Douglas L. Kriner,Eric Schickler Pdf

Although congressional investigations have provided some of the most dramatic moments in American political history, they have often been dismissed as mere political theater. But these investigations are far more than grandstanding. Investigating the President shows that congressional investigations are a powerful tool for members of Congress to counter presidential aggrandizement. By shining a light on alleged executive wrongdoing, investigations can exert significant pressure on the president and materially affect policy outcomes. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president’s public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power—without the need to worry about veto threats or other hurdles such as Senate filibusters. In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power.

Author : Nathan De Vos
Publisher : Nova Science Publishers
Page : 0 pages
File Size : 53,6 Mb
Release : 2013-07
Category : Executive privilege (Government information)
ISBN : 1628080736

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Congressional Investigations of the Department of Justice and Claims of Executive Privilege by Nathan De Vos Pdf

Legislative oversight is most commonly conducted through congressional budget, authorisation, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorisation, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of developing legislation, monitoring the implementation of public policy, and disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress's role in our constitutional scheme of separated powers and checks and balances. The rich history of congressional investigations from the failed St Clair expedition in 1792 through Teapot Dome, Watergate, Iran-Contra, Whitewater, and the current ongoing inquiries into Operation Fast and Furious, has established, in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in that constitutional scheme. This book reviews the legal basis for investigative oversight, followed by several prominent examples of congressional oversight that reflects the significant breadth and reach of the legislative investigative prerogative vis-á-vis the Department.

Author : Daniel Zachary Epstein
Publisher : Springer Nature
Page : 172 pages
File Size : 50,7 Mb
Release : 2023-07-26
Category : Political Science
ISBN : 9783031384615

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The Investigative State: Regulatory Oversight in the United States by Daniel Zachary Epstein Pdf

This book is a timely examination of congressional oversight in the United States, serving as a definitive guide for scholars and political, legal, and media observers seeking to navigate contemporary conflicts between Congress and the White House. Author Daniel Epstein has spent his professional career as a lawyer serving all sides of the regulatory process: he ran investigations for Congress, defended the White House from congressional oversight, and represented individuals, nonprofit news organizations, and entrepreneurs in federal court to fight for regulatory transparency and fairness. Epstein uses historical and observational data to argue that the modern federal bureaucracy did not begin as a regulatory state but as an investigative state. The contemporary picture of Congress having empowered the bureaucracy to set policy through rules is a relatively recent development in the political development of administrative law. The book’s novel econometric models and historical analyses force a shift in how legal scholars and judges understand delegation, congressional oversight, and agency investigations.

Author : United States. Congress
Publisher : Unknown
Page : 1084 pages
File Size : 54,9 Mb
Release : 1919
Category : Law
ISBN : UCR:31210026473015

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Congressional Record by United States. Congress Pdf

Author : Alissa M. Dolan,Todd Garvey
Publisher : Createspace Independent Pub
Page : 56 pages
File Size : 49,5 Mb
Release : 2013-01-04
Category : Political Science
ISBN : 1481907263

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Congressional Investigations of the Department of Justice, 1920-2012 by Alissa M. Dolan,Todd Garvey Pdf

Legislative oversight is most commonly conducted through congressional budget, authorization, appropriations, confirmation, and investigative processes, and, in rare instances, through impeachment. But the adversarial, often confrontational, and sometimes high profile nature of congressional investigations sets it apart from the more routine, accommodative facets of the oversight process experienced in authorization, appropriations, or confirmation exercises. While all aspects of legislative oversight share the common goals of informing Congress so as to best accomplish its tasks of developing legislation, monitoring the implementation of public policy, and disclosing to the public how its government is performing, the inquisitorial process also sustains and vindicates Congress's role in our constitutional scheme of separated powers and checks and balances. The rich history of congressional investigations from the failed St. Clair expedition in 1792 through Teapot Dome, Watergate, Iran-Contra, Whitewater, and the current ongoing inquiries into Operation Fast and Furious, has established, in law and practice, the nature and contours of congressional prerogatives necessary to maintain the integrity of the legislative role in that constitutional scheme. A review of the historical experience pertinent to congressional access to information regarding the law enforcement activities of the Department of Justice indicates that the vast majority of requests for materials are resolved through political negotiation and accommodation, without the need for judicial resolution. Absent an executive privilege claim or a statute barring disclosure there appears to be no court precedent imposing a threshold burden on committees to demonstrate a “substantial reason to believe wrongdoing occurred” in order to obtain information. Instead, an inquiring committee need only show that the information sought is within the broad subject matter of its authorized jurisdiction, is in aid of a legitimate legislative function, and is pertinent to the area of concern. In the last 85 years, Congress has consistently sought and obtained access to information concerning prosecutorial misconduct by Department of Justice officials in closed cases; and access to pre-decisional deliberative prosecutorial memoranda—while often resisted by the Department—is usually released upon committee insistence as well. In contrast, the Department rarely releases—and committees rarely subpoena—material relevant to open criminal investigations. Typically, disputes are resolved without recourse to an executive privilege claim. Instead, negotiations produce various compromises: narrowing informational requests, delaying the release of information that could have prejudicial consequences on prosecutions, or redacting sensitive materials. However, when Presidents do claim executive privilege, courts have been reluctant to resolve the dispute. Indeed, litigation over the scope of executive privilege in direct relation to congressional oversight and investigations has been quite limited. In total, there have been four cases dealing with executive privilege in the context of information access disputes between Congress and the executive, and two of those resulted in decisions on the merits. The Supreme Court has never addressed executive privilege in the face of a congressional demand for information.

Author : Elise J. Bean
Publisher : Springer
Page : 449 pages
File Size : 48,5 Mb
Release : 2018-08-07
Category : Business & Economics
ISBN : 9783319943886

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Financial Exposure by Elise J. Bean Pdf

At a time when Congressional investigations have taken on added importance and urgency in American politics, this book offers readers a rare, insider’s portrait of the world of US Congressional oversight. It examines specific oversight investigations into multiple financial and offshore tax scandals over fifteen years, from 1999 to 2014, when Senator Levin served in a leadership role on the US Senate Permanent Subcommittee on Investigations (PSI), the Senate’s premier investigative body. Despite mounting levels of partisanship, dysfunction, and cynicism swirling through Congress during those years, this book describes how Congressional oversight investigations can be a powerful tool for uncovering facts, building bipartisan consensus, and fostering change, offering detailed case histories as proof. Grounded in fact, and written as only an insider could tell it, this book will be of interest to financial and tax practitioners, policymakers, academics, students, and the general public.

Author : Morton Rosenberg
Publisher : Unknown
Page : 50 pages
File Size : 45,6 Mb
Release : 1995
Category : Governmental investigations
ISBN : OCLC:1053404570

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Investigative Oversight by Morton Rosenberg Pdf

This report will provide an overview of some of the more common legal, procedural and practical issues, questions, and problems that committees have faced in the course of an investigation. Following a summary of the case law developing the scope and limitations of the power of inquiry, the essential tools of investigative oversight--subpoenas, staff interviews and depositions, grants of immunity, and the contempt power -- are described. Next, some of the special problems of investigating the executive are detailed, with particular emphasis on claims of presidential executive privilege, the problems raised by attempts to access information with respect to open or closed civil or criminal investigative matters, or to obtain information that is part of the agency deliberative process, and the effect on congressional access of statutory prohibitions on public disclosure. The discussion then focuses on various procedural and legal requirements that accompany the preparation for, and conduct of, an investigative hearing, including matters concerning jurisdiction, particular rules and requirements for the conduct of such proceedings, and the nature, applicability and scope of certain constitutional and common law testimonial privileges that may be claimed by witnesses. The case law and practice respecting the rights of minority party members during the investigative process is also reviewed. The report concludes with a description of the roles played by the offices of House General Counsel and Senate Legal Counsel in such investigations.

Author : United States. Congress. House. Committee on Commerce. Subcommittee on Oversight and Investigations
Publisher : Unknown
Page : 276 pages
File Size : 44,8 Mb
Release : 1996
Category : Political Science
ISBN : LOC:00186245544

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Department of Energy by United States. Congress. House. Committee on Commerce. Subcommittee on Oversight and Investigations Pdf

Author : Walter J. Oleszek
Publisher : DIANE Publishing
Page : 20 pages
File Size : 41,5 Mb
Release : 2011
Category : Political Science
ISBN : 9781437930597

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Congressional Oversight by Walter J. Oleszek Pdf

This is a print on demand edition of a hard to find publication. A fundamental objective of congressional oversight (CO) is to hold exec. officials accountable for the implementation of delegated authority. This objective is especially important given the huge expansion of executive influence in the modern era. Clearly, given the role and scope of the fed. establishment, the importance of Congress¿s review function looms large in checking and monitoring the delegated authority that it grants to fed. departments and agencies. This report: (1) highlights several reasons for the expansion of the fed. gov¿t.; (2) discusses a few definitions of CO; (3) spotlights 3 purposes of oversight; (4) comments upon CO laws and rules; (5) reviews CO techniques; and (6) identifies incentives and disincentives to CO. Illus.

Author : Institute of Medicine,Committee to Study the Use of Advisory Committees
Publisher : National Academies Press
Page : 239 pages
File Size : 44,7 Mb
Release : 1992-02-01
Category : Medical
ISBN : 9780309048378

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Food and Drug Administration Advisory Committees by Institute of Medicine,Committee to Study the Use of Advisory Committees Pdf

Like many other agencies of the federal government, the Food and Drug Administration (FDA) relies extensively on external advisory committees for independent scientific and technical advice. Recognizing that the existing advisory committee system is essentially sound, this volume recommends ways of enhancing the use of these committees in the evaluation of drugs, biological materials, and medical devices; strengthening the agency's management of the system; and increasing the accountability of the system to the public. In doing so, it examines and makes recommendations on such issues as the recruitment of committee members, the FDA's management of financial conflict of interest and intellectual bias among members, and the operations and management of the advisory committee system.

Author : Frederick M. Kaiser,Library of Congress. Congressional Research Service
Publisher : Unknown
Page : 150 pages
File Size : 42,5 Mb
Release : 2007
Category : Legislative oversight
ISBN : OCLC:84065044

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Congressional Oversight Manual by Frederick M. Kaiser,Library of Congress. Congressional Research Service Pdf