April 2019 Bar Bulletin
By Jonathan Rackoff
(Second of Two Parts)
Confidential documents: Neither private nor proprietary information is insulated from production to Congress.
Exposure of sensitive private or confidential information is generally not, courts have repeatedly held, a cognizable basis to resist disclosure to Congress — certainly not pursuant to a valid subpoena. Nor is proprietary material otherwise protectable under the Trade Secrets Act immune. Moreover, once Congress takes possession of such material, its members and committee staff face no legal obstacles to its use or broad disclosure. Technically, a valid legislative purpose must always be served, but,...