Democrats face a tough choice in battling Trump on executive privilege

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Democrats face a tough choice in battling Trump on executive privilege
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Democrats face a tough choice in battling Trump on executive privilege | By Ross Garber for CNNOpinion

Ross Garber is a CNN Legal Analyst. He teaches about political investigations and impeachment law at Tulane Law School and has served as lead counsel for four U.S. governors in impeachment proceedings. The opinions expressed in this commentary are his own. View more opinion at CNN.

Last week the White House threw down the gauntlet in the face of a demand for information from House Oversight and Reform Committee Chairman Elijah Cummings . Ross GarberThe committee is seeking documents and other materials related to White House security clearance procedures, an issue that has gotten more scrutiny amid reports that the President granted his daughter Ivanka and son-in-law Jared Kushner top level security clearances over the objection of his chief of staff and White House counsel. Instead of providing information, the White House sent Cummings a letter in which it explained why the House isn't entitled to what it is seeking.

White House says Democrats' oversight is 'overreach' and will backfire 04:03Unsaid in the letter is another very significant point: the House has not invoked its impeachment power, so it would presumably be unable to point to this as a reason for needing this information. In fact, Speaker Nancy Pelosi, Judiciary Committee Chairman Jerry Nadler and Chairman Cummings have all explicitly disclaimed that their inquiries represent any part of an impeachment process.

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