Raphael Prober Quoted by Bloomberg on Law Firm Preparations for Congressional Investigations

Akin Gump congressional investigations practice co-head Raphael Prober has been quoted in the Bloomberg article “House Probes Like ‘Nine-Alarm Fire,’ Law Firms Prep for Democrats,” which looks at how law firms are preparing for what could be a wave of investigations on Capitol Hill beginning January.

The article reports that investigations by the new Democrat-led House of Representatives will likely focus on President Trump, including any possible violation of the Constitution’s Emoluments Clause on accepting gifts, ethical violations by Trump appointees, immigration policy and the special counsel investigation of Russian interference in the 2016 election. Corporate clients of law firms could also come under scrutiny, according to the article.

Prober said gearing up for probes can take time. “When the Democrats were in charge in earlier years, they had a number of investigations. We expect to see something similar this time but first they will need to build out their investigative capacity,” he said.

There are dozens of staff positions to fill as a first step, Prober noted. Once that is done, “it will be like a game of three-dimensional speed chess, and we have to be ready for that because there can be collateral consequences, including to a company’s reputation.”

To prepare clients, Prober and practice co-head Steve Ross recorded a podcast that explains the investigation process, especially to those who may be unaware of Congress’ authority and ability to compel cooperation.