Key Points
- Democrats are preparing congressional investigations into the Justice Department after securing majorities in both chambers of Congress.
- Potential investigations include the dismissal of career prosecutors, politically sensitive prosecutions and the department’s handling of court orders.
- Congressional Democrats are expected to use subpoenas, document requests and testimony from former DOJ employees and outside organizations.
Congressional Democrats are preparing a series of investigations into the U.S. Department of Justice when they assume control of the House and Senate in January, setting the stage for potential legal confrontations with President Donald Trump’s administration over subpoenas, testimony and executive privilege.
According to a report by Bloomberg on Wednesday, the probes are expected to focus on politically-sensitive prosecutions, allegations that federal law enforcement officials were used to further Trump’s personal and political agendas and the dismissal of career Justice Department employees.
Democratic lawmakers are also considering inquiries into the department’s approach to antitrust enforcement, corporate misconduct and its handling of federal court orders.
While specific antitrust-related matters were not revealed, the Justice Department has scrutinized several large-scale media transactions over the past two years, including a $111 billion acquisition of Warner Bros Discovery by Paramount Skydance and a separate $6.2 billion deal by Nexstar Media Group to acquire peer broadcaster TEGNA. Both deals received approvals from the Justice Department’s antitrust division, with the Nexstar-TEGNA deal receiving an unusually speedy approval.
During an interview with the radio program “Bloomberg Businessweek Daily” on Wednesday, Bloomberg Intelligence Senior U.S. Policy Analyst Nathan Dean specifically pointed to the Warner Bros Discovery deal as one that could be a target of the investigation.
“What involvement did the White House have here?” Dean questioned, according to a segment viewed by The Desk. “Was this deal essentially rubber-stamped by the White House, and were other deals pushed aside?”
Dean said at least 200 possible targets have been considered for investigation, but Congress will “probably pick ten, go through those investigations and then move on to something else.”
Congressional investigators are preparing to issue document requests and subpoenas shortly after lawmakers reconvene in January, with former Justice Department attorneys and congressional oversight specialists anticipating resistance from the administration, Bloomberg said.
Potential obstacles include executive privilege claims and legal arguments intended to restrict congressional access to sensitive executive branch communications. Officials at the Justice Department previously issued a legal memorandum asserting that certain outside advisers to the president could be shielded from congressional testimony.
Democrats could also seek information from former federal employees, government contractors, non-profit organizations and other third parties involved in Justice Department investigations or settlements. That approach could provide lawmakers with documents and testimony unavailable directly from the department, although outside organizations could face legal challenges over compliance with congressional subpoenas.
Former congressional investigators expect disputes between the administration and Democratic-led committees to result in prolonged litigation, potentially complicating efforts to obtain testimony and records before the end of Trump’s term.
News of the future probes came less than 24 hours after the Democratic Party secured sweeping victories in key Congressional races across the country, giving Democrats majority control of the U.S. House of Representatives and U.S. Senate for the first time in four years.
