Judges have repeatedly ruled that Congress has a greater claim to sensitive documents when it can point to an ongoing legal matter, like impeachment.
Democrats know that impeachment is a losing proposition against President Donald Trump right now.
But legal experts and lawmakers across the ideological spectrum acknowledge that formally unleashing impeachment would bolster Democrats’ arguments that they deserve to see the president’s tax returns, interview senior officials, peruse special counsel Robert Mueller’s trove of evidence and see the details of Trump’s personal dealings with foreign leaders.
“The Democrats’ hand would be strengthened if they were conducting a formal impeachment inquiry,” added Philip Lacovara, who served as counsel to the Watergate-era investigation of President Richard Nixon. Several GOP members have doubled down on that argument. “I think if you actually get into impeachment, it does open up access to more things,” said Ohio Rep. Steve Chabot.
“But they don’t want to take that step because that’s not where the public is and they’re afraid it might hurt them in the next election,” he said. “SoIndeed, Democratic leaders have continued to shy away from impeachment.
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