Threats and demands fly back and forth between Congress and the White House.
By Devlin Barrett , Devlin Barrett Reporter focusing on national security and law enforcement Email Bio Follow Carol D. Leonnig and Carol D.
The two sides now appear headed for a court fight over the balance of power between the executive and legislative branches, and at a faster pace than previous legal battles over executive privilege. Each appears to be proceeding with an eye on how such a conflict might play out in the 2020 race for president and the possibility, however faint, of impeachment proceedings.
For instance, when President Obama’s attorney general Eric H. Holder Jr. fought House Republicans for more than a year over documents related to a botched gunrunning probe called Fast and Furious, it took more than a year for that conflict to crescendo into a 2012 House vote to find him in contempt. Senior House Democratic aides said they have concluded Trump will not turn over information, so negotiations are unlikely to be fruitful.
Joshua Geltzer, executive director of Georgetown Law’s Institute for Constitutional Advocacy and Protection, said he was skeptical the Trump administration believes it needs more time to fulfill the Democrats’ requests for documents, interviews and investigative materials. Buying time for the Trump administration may have long-term legal risks, both for this administration and for future presidents, but it could help Trump politically.
But Dellinger warned that the White House has to back it up with good faith, by conducting a speedy review. And even if it does, the White House could still lose in court. Trump’s gambit seems to present a different tactic — a willingness to let the high-stakes question of congressional oversight be settled by an appeals court, or even the Supreme Court.
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