Senate Democrats are planning to invoke a 1928 law that should compel the Department of Justice to turn over the files they are withholding from the public on convicted pedophile Jeffrey Epstein.

According to a report from the New York Times, the move by the Democrats will put Republicans on the Homeland Security and Governmental Affairs Committee on the spot with a vote to invoke what is known as the “rule of five.”

The Times’ Michael Gold is reporting a federal law codified in 1928 contains the “rule of five,” a provision that compels government agencies to provide relevant information if “any five members of that committee, which is the chamber’s chief oversight panel, request it.”

The law was designed to allow the party in the minority to receive information in a roundabout way because they don’t have the authority to issue a subpoena.

The report adds that provision has rarely been used and may be subject to a court challenge from the very litigious Donald Trump administration. The Democrats are expected to introduce it.

“If the Trump administration were to ignore the Democrats’ request, the resulting legal battle would likely force Senator John Thune, Republican of South Dakota and the majority leader, to decide whether to choose between backing the administration or defending the Senate’s constitutional prerogative for congressional oversight,” the Times’ Gold is reporting.

In a letter to the administration, the Democratic senators wrote, “After missteps and failed promises by your Department regarding these files, it is essential that the Trump administration provide full transparency.”

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