The Washington Post included insights from John Moran, co-leader of McGuireWoods’ Congressional Investigations Practice Group, in a Nov. 8, 2026, article examining how the U.S. Department of Justice is preparing for a wave of congressional oversight after Democrats’ sweeping midterm election victories.
As Democrats prepare to take control of the House and Senate, the department is bracing for a barrage of subpoenas and investigative inquiries, the Post reported. Relevant committees are already building investigative staffs. The article noted that the DOJ is expected to fight to protect executive branch information from congressional investigations and that the expansive view of executive privilege in a recent Office of Legal Counsel opinion will probably be challenged in court.
Moran, who served as a senior DOJ official when Democrats won back the House during President Trump’s first term, told the Post that antagonistic relations between the department and congressional Democrats in that period developed over time into an uneasy working relationship.
“There’s a natural inclination to feel like ‘I need to fight, and assert the prerogatives of my side,’” Moran said. “Over time, though, if this is the 10th time there’s a fight over a congressional request [with] the deals that have been worked out, the accommodations that have been reached, the issues that have been conceded … it gets a bit easier.”
McGuireWoods’ Congressional Investigations Practice Group advises companies, executives and individuals facing inquiries, subpoenas and hearings before Congress. For more insights, visit McGuireWoods’ Congressional Investigations Monitor.