The top Democrat on a GOP-led House committee says that the panel’s lawsuit against the Obama administration over records related to the bungled gun-tracking Operation Fast and Furious should be dismissed.

Maryland Rep. Elijah Cummings of the House Oversight and Government Reform Committee asked the court to let him file a friend-of-the-court memorandum making the case for dismissal. Cummings was joined by several other House Democrats, some of whom are former committee chairmen.

The Democrats wrote in their motion Wednesday that they agree with Republicans that federal courts have jurisdiction to enforce congressional subpoenas served on the executive branch. But the Democrats say that Republicans in this case haven’t sought the information through available means, and haven’t pursued accommodation where it was reasonably possible, so the suit should be dismissed.

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