New Democratic Congress Turns to Oversight and Impeachment

Democrats will begin their new congressional terms with a focus on oversight and potential impeachment proceedings.

The party secured majorities in both the House and Senate in the Nov. 3 elections. These wins allow the new leadership to investigate the executive branch without requiring President Donald Trump’s approval. The first term for this divided government is set to begin in January 2027.

Congressional power in this area is defined by the authority to ensure the executive branch follows the law. Lawmakers can also investigate waste, dishonesty, and fraud. Matthew Green, a political scientist at the Catholic University of America, noted that Congress possesses subpoena power. He said this allows the chamber to force White House allies to testify. This includes heads of major corporations and law firms.

Experts warn that the administration has a history of resisting such requests. Frank O. Bowman III, an emeritus law professor at the University of Missouri, stated that Trump has refused to cooperate with hundreds of oversight inquiries. Bowman is the author of a forthcoming book on impeaching Trump a third time. He said this resistance makes the process less effective for discovering facts.

Legal battles over executive privilege are expected to be protracted. Stanley Brand, a distinguished fellow at Penn State Dickinson Law, pointed to a recent opinion from the Office of Legal Counsel. The opinion argues that executive privilege covers outside parties the president consults with. Brand said committees will likely need to use informal means to gather information from lower-level bureaucrats.

Despite these hurdles, the House can secure testimony from individuals outside the administration's control. Bowman highlighted that former officials and witnesses who choose to defy the president can provide key documents. James Robenalt, a lawyer and historian of the Watergate scandal, identified tariffs, war powers, and corruption as fertile ground for investigation. Steven Smith, a political scientist at Arizona State University, added that oversight activities can inform legislative approaches on many issues.

The question of impeachment remains a central political debate. Trump has previously survived two impeachment trials. Republicans have suggested that Democrats will move quickly to impeach him again. However, some Democrats are cautious due to the high bar for removal and the political implications of a failed trial.

Rep. Jamie Raskin, D-Md., who is expected to chair the House Judiciary Committee, addressed the topic on CNN on Nov. 4. He said, “We’re not afraid to impeach him.” Raskin described impeachment as a tool in the constitutional toolkit but not a panacea. He dismissed the idea as Republican wishful thinking, stating, “They would love us to impeach them.”

Scholars suggest that targeting Cabinet members might be a more fruitful path. There is precedent for this, with Secretary of War William Belknap impeached in 1876 and Homeland Security Secretary Alexander Mayorkas impeached in 2024. Neither was convicted. Green said that while conviction is difficult, ousting officials like Defense Secretary Pete Hegseth or HHS Secretary Robert F. Kennedy Jr. is not impossible. Rep. Tom Massie of Kentucky has already begun the process of impeaching Hegseth. Public hearings could build support and pressure these officials to resign before a Senate trial occurs.