What to do if Congress Comes for you
Would you know what to do if a congressional investigation targeted your nonprofit organization? Probably not, but there are some things you can do to get ready. As someone who spent the early part of my career in congressional and government relations, and have led risk management and crisis response in-house and on behalf of clients, I have been on the receiving end of one of those dreaded letters more than once. Here are a few things to consider if you think this could happen to you:
CONGRESSIONAL INVESTIGATIONS ARE A POLITICAL PROCESS. Yes you will need a lawyer, but be sure to get the right kind of advice, ideally from someone or a firm who has fresh contacts in power and understands the intricacies of Congressional rules.
THE TIME TO MAKE FRIENDS IS BEFORE YOU BECOME A TARGET. You will need allies to stand up for you, advise you on context, and push back against attacks if they are launched. Relationships with members of Congress take a long time to build, so look around and start cultivating those champions now. Look for members whose constituents benefit from your work or whose causes and issues are aligned with your mission.
INSURANCE IS NOT GOING TO HELP. If you were hit with a lawsuit, it is likely that your commercial liability or other policies could help defray the costs of lawyers’ fees or litigation expenses. But legislative and regulatory processes are often excluded from these policies. So if you think you could be targeted, set aside contingency funds you could tap if you needed them.
READY YOUR CRISIS COMMUNICATIONS RESPONSE. While technically public, most legal proceedings under the jurisdiction of a court will remain behind closed doors until a trial. But Congress makes its own rules and could release information you have provided at any time, for any reason, without your consent or awareness. Get prepared to respond so your side of the story can immediately balance the scales.
PLAY THE LONG GAME. Being in the middle of a political firestorm is scary and emotional. It is also infuriating and exhausting. Don’t let your outrage push you to make short-term decisions or statements that could damage your long-term reputation. Sometimes just staying silent and letting the storm pass is the best way to ride it out.
