The Blue Tsunami: Weathering Congressional Investigations Poised to Dominate the Remainder of Trump’s Term

With the 2026 midterm elections behind us and Democrats having taken control of the House of Representatives and Senate, congressional Democrats have made clear in recent months that increased oversight of key topics and sectors will be a priority.

Companies and individuals should expect congressional committees to move quickly to pursue oversight inquiries in many areas, including:

• President Donald Trump, his family, and their finances;
• cabinet officials and other political appointees;
• individuals and entities with close ties to the Trump administration;
• pardon or executive clemency recipients;
• the Pentagon and defense industry;
• foreign affairs and the war in Iran;
• immigration;
• federal law enforcement and the rule of law;
• the tech industry (including artificial intelligence and data centers); and
• industries that touch affordability issues such as health care and housing.

In the summer of 2026, House Democratic Leader Hakeem Jeffries launched five working groups focused on an affordability agenda: health care, housing, the cost of groceries and goods, gas and utilities, and caregiving. At the same time, Leader Jeffries directed ranking Democrats on the House Oversight and Judiciary committees to lay the groundwork for investigations focused on an anti-corruption agenda.

Recent activity from Democratic leaders provides additional insight into where investigations may be headed. For example:

• Representative Robert Garcia, who is expected to become the new chair of the House Oversight Committee, issued a statement on election night, November 3, 2026, to President Trump and the Republicans: “Lawyer up”.
• Representative Frank Pallone, the top Democrat on the House Energy and Commerce Committee, wrote to the Government Accountability Office on October 27 requesting an investigation into whether TrumpRx—the government platform launched in February 2026 to ostensibly help consumers find discounted prices on prescription drugs—actually delivers savings.
• Representative Jim Himes, expected to be the new chair of the House Intelligence Committee, sent a letter to a defense industry association on September 28, 2026, urging it to remind member companies of their obligation to respond to congressional oversight.
• Representative Jamie Raskin, the top Democrat on the House Judiciary Committee, has likewise sent a series of letters to tech companies concerning data center transparency.

Preparing for Congressional Inquiries

Companies and individuals in these topic areas and industries should prepare for congressional outreach, both in the near term, and over the remaining two years of the Trump Administration.

A congressional inquiry can present significant legal, reputational, operational, and compliance considerations.

Companies and individuals receiving congressional outreach should:

• Understand the nature and scope of the inquiry.  A committee letter, request for information, interview request, subpoena, or hearing invitation usually will require a different response strategy.
• Consider opportunities to negotiate. Engagement with committee staff may create opportunities to narrow the scope of a request, resolve questions without a hearing, or reduce reputational, legal, and compliance risks.
• Leverage relationships on Capitol Hill. Existing relationships with members of Congress, committee staff, and trade associations may inform the response strategy.
• Determine the appropriate level of detail. If a response is necessary, it should address the committee’s questions accurately and completely while avoiding disclosing unnecessary information that could create additional risk.

Congressional Oversight Requires Early Preparation

The expected increase in congressional oversight makes advance preparation important for companies and individuals operating in areas and industries likely to receive heightened scrutiny. Understanding the relevant committees, monitoring emerging areas of congressional interest, and establishing an internal process for responding to congressional inquiries can help clients respond effectively.

The congressional investigations team at Epstein Becker Green has experience helping individuals, entities, and government officials navigate congressional inquiries.

Please contact the authors to discuss your specific situation.

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If you have questions, please reach out to the author(s).

The Commercial Litigation Update blog is currently edited by Jennifer O'Connor and Adam Paine.