Molly Reynolds, Senior Fellow at Brookings and Senior Editor at Lawfare, discusses her report on congressional oversight in the post-Trump era. She explores the challenges and benefits of experimental hearing formats and the legacy of the Maizars case on congressional committees. The podcast also delves into changes in oversight in the 117th Congress and highlights the hidden bipartisan work of Congress.
Partisan dynamics significantly influence congressional oversight, with less scrutiny of the executive branch when the House and the White House are controlled by the same party.
The January 6th Committee played a crucial role in oversight during the 117th Congress, utilizing various investigative techniques and bipartisan cooperation to uncover valuable information.
Deep dives
Overview of the Report
The podcast episode features an interview with Molly Reynolds, who discusses a new report she co-authored on how partisan and policy dynamics shape congressional oversight in the post-Trump era. The report analyzes data collected on congressional hearings and letters sent by committees, focusing on the 116th and 117th Congresses. It highlights that oversight of the executive branch decreased in the 117th Congress, particularly in the House, compared to the 116th Congress. The influence of partisan dynamics on oversight is emphasized, with divided party control leading to more oversight by the House when compared to unified control. The report also reflects on the legacy of the January 6th Committee and its unique role in oversight. It discusses the committee's methodologies, challenges, and the potential for other committees to replicate its success. The podcast also delves into the impact of the Supreme Court's Mays' Ruling on oversight efforts and the role of litigation in congressional oversight. Lastly, it explores the future trends in congressional oversight, including potential changes with the new Congress.
Implications of Partisan Dynamics on Oversight
The podcast highlights how partisan dynamics play a significant role in congressional oversight. The report underscores that oversight of the executive branch decreases when the House and the White House are controlled by the same party. It explains this pattern by pointing out that members of Congress from the same party tend to show less interest in scrutinizing their own president. The report also notes that oversight activity in the 117th Congress reduced in the House compared to the 116th Congress, which was attributed to both partisan dynamics and contextual factors like increased focus on nominations and legislative priorities. Examples of investigations by Republican-controlled committees in the 118th Congress are mentioned, suggesting a return to familiar patterns with divided control.
Legacy of the January 6th Committee
The podcast discusses the prominent role of the January 6th Committee in oversight efforts. The report highlights how the committee conducted a significant portion of oversight in the House during the 117th Congress. It recognizes the committee's use of various investigative techniques and the uncovering of valuable information. The report also emphasizes the importance of bipartisanship in oversight, noting that the presence of Republican members like Liz Cheney and Adam Kinzinger facilitated cooperation from witnesses. The podcast explores the challenges faced by the committee in achieving consensus on the facts, considering the complex nature of the investigation. It also reflects on the potential for select committees, like the January 6th Committee, to become a marker of party priorities in future investigations.
Impact of Supreme Court's Mays' Ruling
The podcast acknowledges the ripple effects of the Supreme Court's Mays' ruling on congressional oversight. The report highlights increased litigation as a consequence, which can significantly slow down the oversight process. It discusses the House Ways and Means Committee's prolonged battle to obtain President Trump's tax returns as an example. The report speculates that committees may incorporate Mays' requirements to strengthen their justifications for obtaining information, even in cases that would not fall directly under the narrow scope of the ruling. The podcast suggests that litigation will continue to shape oversight efforts in the future and examines its broader implications on the oversight process.
Listeners of this podcast are probably familiar with Molly Reynolds’s work on Congress. She’s a Senior Fellow at Brookings and a Senior Editor at Lawfare—and she has a new report out at Brookings, with Naomi Maehr, on “How partisan and policy dynamics shape congressional oversight in the post-Trump era.” Molly and her team have collected an enormous amount of data over the years about how Congress conducts oversight, and the report is a thought-provoking overview of what the legislature got up to during the 117th Congress.
Today on the show, Lawfare Senior Editor Quinta Jurecic talked with Molly about her report and what patterns she’s found in oversight from the 116th Congress through today. For fans of the Jan. 6 Committee’s work, they also discussed that committee’s investigation and what it does and doesn’t tell us about congressional investigations going forward.
