One underused asset: the Trump admin has quietly undermined its own executive privilege arguments by cooperating with Republican investigations into Biden. Those concessions are precedents that Democratic chairs can deploy in negotiations and court.

The conventional enforcement toolkit (subpoenas, civil litigation, criminal contempt) is baked into the executive branch's calculus. Dems should leverage additional tools that target things the administration wants: nominees and appropriations.

The two-year clock starts January 3, 2027, but Dems can lay the groundwork now by building a paper trail of demands and ruthlessly prioritizing their investigative agenda. A kitchen sink approach to oversight lets the executive branch choose its own priorities.

I responded to dozens of contentious congressional investigations at DOJ. New in @justsecurity.org, some thoughts on what congressional Dems can do -- starting now -- to combat executive branch stonewalling if they win back the gavel this November. 🧵

Timely, important work by @mblawrence.bsky.social and @marknevitt.bsky.social on a critical separation of powers check 👇

Entering the chat to share that my article, Cooperative Oversight and the Separation of Powers, is forthcoming in the Emory Law Journal. Feedback welcome! Available for download @ssrn.bsky.social here: papers.ssrn.com/abstract=635...