Necessary & Proper Episode 39: Bipartisanship and High Profile Congressional Oversight
Welcome again to Necessary & Proper. Today we bring you the great discussion we had from the closing panel of the 2019 Legislative Branch Review Conference, held on the Hill in February in partnership with the Federalist Society's Georgetown Student Chapter. The panel reflected on the history of bipartisan Congressional investigations and shared their expectations for how civil, united, and fact-based they expect the oversight of the 116th Congress will be. We hope you find this podcast interesting and enjoyable.
Ms. Elise Bean, Washington Co-Director, Levin Center at Wayne Law
Mr. Stanley M. Brand, Senior Counsel, Akin Gump
Ms. Machalagh Carr, General Counsel & Parliamentarian (R), Committee on Ways and Means, U. S. House of Representatives
Mr. Jon Skladany, Chief Counsel for Oversight (R), Committee on Financial Services, U.S. House of Representatives
Moderator: Mr. Justin Rood, Director of the Congressional Oversight Initiative, The Project On Government Oversight
Introduction: Nathan Kaczmarek, Director, Article I Initiative; Director, Regulatory Transparency Project
Director, Washington Ofice, Levin Center for Oversight and Democracy
Elise Bean became counsel to U.S. Sen. Carl Levin, D-Mich., on the U.S. Senate Homeland Security and Governmental Affairs Committee in 1985. She worked for him on three subcommittees, under the leadership of Linda Gustitus. In 2003, Levin appointed Bean as staff director and chief counsel of the committee's Permanent Subcommittee on Investigations, which he chaired. Bean retired from the Senate with Levin at the end of 2014.
During her tenure, Bean handled a variety of investigations, hearings and legislation, including matters involving offshore tax abuses, money laundering, foreign corruption, unfair credit card practices, health care fraud, abuses involving derivatives and structured finance, and shell companies with hidden owners. Investigations headed by her included inquiries into the 2008 financial crisis, HSBC money laundering problems, London whale trades at JPMorgan Chase, collapse of Enron, and offshore tax avoidance by Apple, Microsoft and Caterpillar.
In 2016 and 2015, she was included in the Global Tax 50, a list compiled by International Tax Review of the year's top 50 individuals and organizations influencing tax policy and practice. In 2013 and 2011, the Washingtonian magazine named her one of Washington's 100 most powerful women. In 2010, she was selected by the National Law Journal as one of Washington's most influential women lawyers.
Bean graduated Phi Beta Kappa from Wesleyan University in 1978 and earned her law degree, cum laude, from the University of Michigan Law School in 1982. She served as a law clerk to former Chief Judge of the U.S. Claims Court Alex Kozinski, who later served as the chief judge of the Ninth Circuit Court of Appeals. She worked for two years as a trial attorney with the U.S. Department of Justice Civil Frauds Section. Earlier in her career, she worked for U.S. Rep. John Joseph Moakley, D-Mass.
Senior Counsel, Akin Gump
Stanley M. Brand’s practice covers all levels of state and federal courts, with an emphasis on defending the rights of witnesses involved in government investigations.
Mr. Brand has represented numerous individuals and organizations investigated by and/or called to testify before the U.S. Congress. He has developed particular experience in the application of the separation-of-powers doctrine. His diverse litigation and counseling practice also includes representing corporations, trade associations, labor unions and individuals in major Department of Justice, grand jury, and independent counsel investigations and trial proceedings, including Whitewater, Housing and Urban Development, the savings and loan crisis, and the campaign finance task force investigations. Mr. Brand has also represented individuals and entities involved in contested election proceedings.
From 1976 to 1983, Mr. Brand served as general counsel to the U.S. House of Representatives under Speaker Thomas P. “Tip” O'Neill, Jr. and was the House's chief legal officer responsible for representing the House, its members, officers and employees in connection with legal procedures and litigation arising from the conduct of their official activities. Since leaving the House, Mr. Brand has had a succession of high-profile, political and public corruption cases and clients, including former White House aide George Stephanopoulos in the Whitewater investigation, former congressman and Gore 2000 campaign manager Tony Coelho, former House Majority Whip Bill Gray, congressmen Dan Rostenkowski and Joe McDade, and former executive agency officials.
Prior to joining Akin Gump, Mr. Brand was the founding partner of Brand Law Group, a Washington, D.C.-based law firm specializing in matters at the intersection of politics and criminal law.
Founder, Quell Strategies
Machalagh Carr is a trusted and strategic counselor with decades of private sector and government experience. She has nimbly navigated the intersection of congressional investigations and oversight, law, geopolitics, and policy, most recently as the top staffer in Article I as Chief of Staff to Speaker of the House Kevin McCarthy.
Prior to her role as Chief of Staff, she served as General Counsel for the Speaker and Office of the Republican Leader at the U.S. House of Representatives. Previously, she served as General Counsel & Parliamentarian for the Committee on Ways and Means, where she handled all legal and procedural issues for the Committee. Before that, she was the Oversight Staff Director at the Committee where she led the investigations and oversight of all issues within the Committee’s jurisdiction. Prior to joining Ways and Means, she served as the Director of Oversight and Investigations for the Committee on Oversight and Government Reform and as Senior Oversight Counsel at the Committee on Natural Resources.
Previously, Machalagh served in the Office of Global Compliance of an international energy company where she conducted internal anti-corruption investigations, audits, and compliance reviews for the company. Before her in-house experience she practiced in the Litigation, White Collar, and Government Investigations Group at Sonnenschein Nath and Rosenthal LLP (now Dentons). Directly after law school, Machalagh clerked for the Chief Judge of the U.S. Court of Appeals for the Armed Forces.
She taught Trial Practice at Catholic University of America, Columbus School of Law and lives in Virginia with her husband and three sons.
Chief Counsel for Oversight (R), Committee on Financial Services, U.S. House of Representatives
Director of the Congressional Oversight Initiative, The Project On Government Oversight
Justin Rood directs POGO's Congressional Oversight Initiative. The Initiative aims to improve and enhance Congress's ability to do effective oversight by providing information, advice, and other assistance.
Previously, Rood served under Senator Tom Coburn (R-OK) on his Homeland Security and Governmental Affairs Committee as director of investigations on Homeland Security matters.
Prior to that, he worked under Senator Coburn as senior investigator on the Permanent Subcommittee on Investigations, Minority Staff. There he led a 2012 investigation into domestic intelligence fusion centers, finding them "pools of ineptitude, waste, and civil liberties intrusions," in the words of The Washington Post's front-page coverage of the report.
Before joining Senator Coburn’s staff, Rood was an award-winning investigative producer and reporter with ABC News and other outlets. At ABC, Rood helped uncover the D.C. Madam scandal, which led to a number of resignations including that of Deputy Secretary of State Randall Tobias. In 2006, while at Talking Points Memo, Rood was part of a two-person reporting/blogging team that broke the story about the Bush administration dismissing seven U.S. Attorneys during a midterm purge. The story earned Talking Points Memo a Polk Award.
Rood is a 2015 non-resident fellow with the Yale Law School's Information Society Project.
A native Washingtonian, Rood is also co-founder of the Funk Parade, a celebration of local music, arts, and culture that brings the diverse communities of the city together.