Why Congress Could Struggle to Investigate the Trump Administration Despite Democratic Gains

As polls show Democrats poised to regain control of the U.S. House of Representatives—and potentially the Senate—lawmakers are preparing to investigate the Trump administration. But even with majorities in both chambers, Congress could face significant obstacles to obtaining information and enforcing accountability.

GAO report raises questions about DOGE access to government systems

In late September, the Government Accountability Office (GAO) released a report titled “DOGE: Congress and the Public Lack Assurance That Systems and Data Are Protected Across Agencies.” The report examined Elon Musk’s so-called Department of Government Efficiency, or DOGE.

GAO found that multiple executive branch agencies had refused to fully cooperate with investigators examining the scope and nature of DOGE’s access to classified systems and information. The Consumer Financial Protection Bureau (CFPB), which DOGE and the Trump administration dismantled during the early months of the president’s second term, sent GAO a letter accusing its investigators of bias and calling the report “misleading.”

The findings are the latest example of the Trump administration attempting to circumvent congressional oversight. They also raise a broader question: What tools, if any, does Congress have to force accountability or obtain even basic information about the government’s actions?

Congress may need coercive tools to force cooperation

“In a world without shame, it’s hard to see what Congress could do without some kind of coercion,” says Emily Berman, a law professor at the University of Houston. “It’s like withholding money or going to court.”

GAO serves as Congress’ primary research agency. Although Congress most often requests its investigations, GAO operates independently and on a bipartisan basis. The agency does not have the authority to enforce the law or prosecute agencies, and federal agencies are not required to implement its recommendations.

However, federal agencies are legally required to cooperate with GAO information requests and audits.

Agencies refused to fully cooperate with the investigation

GAO and a Democratic congressional aide who spoke to WIRED on condition of anonymity said that every agency examined in the DOGE report refused to cooperate in some way. Those agencies included the CFPB, Department of Veterans Affairs (VA), Department of Education, National Oceanic and Atmospheric Administration (NOAA), Securities and Exchange Commission (SEC), and Small Business Administration (SBA).

“Over the past year and a half, we have seen increasing challenges in obtaining information from government agencies,” said GAO spokesperson Sara Kaczmarek. “As this report shows, when agencies do not provide requested information, GAO’s ability to provide assurance to Congress and the public that federal programs, systems, and information are properly managed and protected can be limited.”