After major midterm gains, Democrats quickly signaled that the Trump administration could face a wave of congressional investigations and subpoenas when the new Congress takes office.
“Lawyer up,” Rep. Robert Garcia of California, the top Democrat on the House Oversight Committee, wrote on X. Sen. Ron Wyden of Oregon offered a one-word forecast: “Subpoenas.”
As results came in Tuesday night, the outlook for Republicans and President Donald Trump’s agenda grew increasingly difficult. Rep. Delia Ramirez of Illinois named several administration officials and allies, telling them to clear their schedules. Sen. Ed Markey of Connecticut joked that the country would need to plant forests to supply the paper for all the subpoenas Democrats planned to issue.
The comments offered an early indication of how much time investigations could consume in Washington once the new Congress convenes in January. After two years in the minority, Democrats are preparing to use committee leadership and subpoena powers to scrutinize Trump and his administration.
They have spent months planning potential inquiries and seeking documents, steps that could lead to subpoenas once they take control of congressional committees.
Garcia, who is expected to chair the House Oversight Committee, has said his panel would move quickly on a range of issues, including the Trump family’s business dealings, immigration enforcement, alleged corporate corruption and the handling of the Jeffrey Epstein files.
“We’re not starting from scratch here,” Garcia said before the election, explaining that his team had been preparing quietly for months.
He has also pointed to the powers available to a committee in the majority, including issuing subpoenas, pursuing contempt proceedings and taking disputes to court. The White House may resist some of the inquiries.
Investigations are likely to extend beyond Oversight. House Judiciary and Homeland Security Democrats have spent the past two years challenging the administration over immigration enforcement and other Trump policies. Senate Democrats may also use their new committee leadership positions to open inquiries.
War Secretary Pete Hegseth could draw particular scrutiny. Before Democrats won the majority, they introduced articles of impeachment accusing him of offenses that included launching an unauthorized war against Iran and obstructing congressional oversight. Last month, House Minority Leader Hakeem Jeffries said that one of Democrats’ first actions in the majority would be to “run Pete Hegseth out of town.”
Hegseth could face pressure sooner. Rep. Thomas Massie, a Kentucky Republican, has said he intends to seek a vote on his own impeachment resolution during the lame-duck session. Massie has accused Hegseth of violating the War Powers Resolution during the Iran war and acting unlawfully in U.S. military operations in Venezuela, Yemen and against suspected drug traffickers.
Congressional committees can subpoena administration officials and private citizens to testify under oath and require them to provide documents, communications and other records.
Committee chairs can also have substantial independent authority. House rules allow committees to give subpoena power to their chairs, meaning some incoming Democratic leaders may be able to demand testimony or records without first obtaining Republican support.
Failure to comply with a congressional subpoena can lead to contempt proceedings. But compelling compliance, especially when executive branch officials claim privilege, can result in prolonged legal disputes. Congress may pursue criminal contempt or ask federal courts to enforce its demands.
Former Trump advisers Steve Bannon and Peter Navarro were convicted of contempt after refusing to comply with subpoenas from the House committee investigating the Jan. 6 Capitol attack. Both received four-month prison sentences.
Congress can vote to hold a witness in criminal contempt and refer the matter to the Justice Department. The department decides whether to pursue a prosecution, which can be a significant obstacle when Congress is seeking information from current executive branch officials.
