The conflict between Attorney General Eric Holder and the Republican-run House is an example of how government is not working.

The House has asked a court to enforce a subpoena against the attorney general to force him to produce records of an infamous gun-tracking operation known as Operation Fast and Furious.

President Barack Obama has asserted executive privilege in the case, to protect administration communications from being reviewed by House members.

Why Mr. Holder and House Republicans could not have reached an agreement months ago over this issue defies reason.

The attorney general will not hand over the documents to the House Oversight and Government Reform Committee without preconditions. The papers may explain why the department denied in February 2011 that firearms were allowed to pass to criminals — to “walk” from Arizona to Mexico.

The department lost track of some 1,400 guns and refused to talk about it for the better part of a year.

The House panel charges that the department “initially declined to produce documents; later produced only limited numbers of documents in piecemeal fashion; refused to make available to the committee certain witnesses; and limited the committee’s questioning of other witnesses who were made available.” Department spokesperson Tracy Schmaler said: “We were always willing to work with the committee. Instead the House and the committee have said they prefer to litigate.”

Among other things, the lawsuit asks that the president’s executive privilege claim be denied.

Shame on both parties for letting it come to litigation. Shouldn’t they be on the same side? They should at least be on the people’s side in resolving the questions about the gun case.

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