The January 6th Investigation and How Courts Can Shape Congress' Power to Investigate (SC)

This course will overview the basics of congressional investigations with an emphasis on the use of litigation to enforce or challenge congressional subpoenas. We will discuss common litigation strategies—such as challenges to Committee composition or the validity of the Committee’s investigative purpose—and other unique aspects of litigating congressional subpoenas—such as Speech or Debate immunity and Congress’s power to use litigation to enforce its subpoenas. We will also explore the changing norms around compliance with congressional subpoenas and how these changes may impact congressional oversight going forward. The varied litigation surrounding the House Select Committee's January 6th investigation will serve as our primary case study for exploring these topics.