Can Congress investigate a local prosecutor’s ongoing investigation and prosecution? This is the question that the purported potential congressional investigation of Manhattan District Attorney Alvin Bragg has sparked. In this episode of All Things Investigations, my guests, Kevin Carroll and Kenyen Brown, share thoughts on the unprecedented matter and discuss the potential constitutional and legal issues that may arise.
Kevin Carroll and See more +
Can Congress investigate a local prosecutor’s ongoing investigation and prosecution? This is the question that the purported potential congressional investigation of Manhattan District Attorney Alvin Bragg has sparked. In this episode of All Things Investigations, my guests, Kevin Carroll and Kenyen Brown, share thoughts on the unprecedented matter and discuss the potential constitutional and legal issues that may arise.
Kevin Carroll and Kenyen Brown are partners at Hughes Hubbard & Reed. Kevin is a professor and former U.S. Department of Justice Assistant Attorney General. He has also served as a senior counsel to the House Homeland Security Committee. Kenyen is a former federal prosecutor and currently serves as the President of the National Bar Association.
You’ll hear us discuss the following:
Congress has never tried to use its subpoena power or investigative powers to interfere with an ongoing investigation and prosecution by a state or local prosecutor.
There are many potential problems with congressional subpoenas of an ongoing criminal investigation and prosecution by a state or local prosecutor. These are just a few examples of false accusations, grand jury confidentiality, and potentially ruining a meritorious criminal investigation.
The congressional committee’s request for grand jury material is unlikely to be successful and would be very unpopular due to individuals' privacy and the grand jury's sacrosanct nature.
Members of Congress weighing in on local prosecutions could unduly destroy the separation between the different branches of government and the respective functions of the executive and judicial branches. This could also be a recipe for disaster in creating political investigations subject to the whims of different constituencies.
Prosecutors’ offices regularly receive false allegations about prominent people, especially politicians, and potential investigations should remain within the confidence of that office or committee. There is potential for people to be slimed by the revelation under oath of false accusations.
The Manhattan DA’s office is a first-class operation staffed by some of the brightest legal minds in the country. They have responded appropriately to the congressional committee’s request by citing relevant law and their area of authority.
The public theater is likely driving much of the debate around congressional oversight of the Manhattan DA’s investigation. The Republicans may use this issue to score political points with their base, even though the legal basis for such oversight is questionable.
Alvin Bragg, the Manhattan DA, is acting properly by refusing to comply with congressional subpoenas. He should continue to resist any attempts by Congress to interfere with his ongoing investigations.
There may be interesting news regarding this issue in the coming weeks and months, and it is worth keeping an eye on as it unfolds. See less -
