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The resources of specific committees and their ability to focus on an investigation canvary markedly. All committees have staffers and lawyers on both sides of the politicalaisle to do the heavy lifting. As with other forms of litigation, the competence andexperience of these lawyers will impact what unfolds.B. Congressional Subpoena PowerIf a committee does not get cooperation, it can issue subpoenas for documents andtestimony. Committees often ask for documents first, then telephone interviews anddepositions. Also different from traditional litigation, Congress will make little effort toaccommodate a party’s or lawyer’s schedules. Deadlines can be extraordinarily short,such as a subpoena to produce thousands of documents within a week, or a subpoenato appear for a deposition or televised hearing in Washington just days away. Congresswill also ask your client to provide documents in an organized, searchable format, oftenat great expense.Since Watergate, the House has increasingly used its power of criminal contempt tosecure cooperation from targeted individuals and entities. The Senate most often reliesupon civil contempt proceedings initiated in the U.S. District Court sitting in Washington,D.C. 3333 2 U.S.C. §§ 192, 194 (2008); 28 U.S.C. § 1365 (2008). See also Louis Fisher, CongressionalInvestigations: Subpoenas and Contempt Power, Congressional Research Service (April 2, 2003).

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