April 2023 – Kenyen Brown and Kevin Carroll wrote a piece in Law360 exploring why Congress should not involve itself with Manhattan District Attorney Alvin Bragg’s criminal investigation into former President Donald Trump.

Brown and Carroll pointed out that allegations are made against prominent people on a routine basis, and that Bragg testifying before a congressional committee could set a dangerous precedent for Congress to intervene in future state and local grand jury investigations, and could possibly lead to the details of totally false allegations receiving unwarranted public notoriety, possibly causing reputational damage to innocent parties. Additionally, if Congress misuses its existing power to grant congressional witnesses testimonial immunity, then they can “for either corrupt or partisan reasons, torpedo those prosecutors’ legitimate investigations,” according to Brown and Carroll.

“If House Republicans persist in an investigation of Bragg’s investigation and prosecution, at the first opportunity, subsequent House leadership teams should adopt a more explicit rule directly prohibiting House members and committees from intervening in any federal, state or local criminal, quasi-judicial, adjudicative or ongoing enforcement or investigative agency function,” they concluded.

The authors also provided a background on the long of history of congressional investigations of presidential wrongdoings, including of Presidents Nixon, Reagan, H.W. Bush and Clinton.

Read the article.