Top Democrats filed an amicus brief in federal court on Wednesday in an attempt to dismiss Rep. Darrell Issa’s (R-Calif.) lawsuit against Attorney General Eric Holder.

Issa, the chairman of the House Oversight and Government Reform Committee, is arguing that Holder should be forced to hand over internal Justice Department documents and communications relating to a botched gun-tracking operation.

On Wednesday, Rep. Elijah Cummings (D-Md.), the ranking member of the Oversight panel, asked the U.S. District Court for the District of Columbia to dismiss the suit, contending that the committee did not exhaust its investigative resources and failed to do its job thoroughly before bringing the lawsuit against Holder.

“The committee has chosen to rush toward unnecessary conflict, in the process denying its members the opportunity to obtain relevant information available through alternative means,” wrote Cummings in the brief.

Holder and President Obama cite executive privilege in their refusal to hand over nearly 100,000 documents, which Issa subpoenaed in his 18-month-long investigation of Operation Fast and Furious. Issa led a vote against Holder earlier this year placing the nation’s top law enforcement official in contempt of Congress, which triggered the civil lawsuit.

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