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Clifford Chance
Briefings

Briefings

No Matter Who Wins, Congress is Coming For You

26 October 2026

In July 2026, the Senate voted unanimously to hold a hospital CEO in criminal contempt of Congress.  He had refused to testify about a bankruptcy that put thousands of jobs and dozens of hospitals at risk.  That vote should be seen as a preview, not an outlier.  Because Congress and enforcement agencies have abdicated their traditional roles, Congressional oversight has become the default tool of governance in Washington, and that will not change in November regardless of outcome.  Narrow majorities have made ordinary legislating nearly impossible for several cycles running, and committee chairs on both sides of the aisle have responded by leaning harder on subpoena power, document requests and public hearings as a substitute for traditional legislative activity.  That dynamic is unlikely to change in the near or medium term.

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