House Committees Vote to Hold Garland in Contempt
Attorney General Merrick Garland is facing potential contempt of Congress charges after two House committees voted to hold him in contempt for withholding an audiotape of an interview between Special Counsel Robert Hur and President Biden in the classified documents case. Republicans believe the recording could reveal cognitive decline in the president, while Garland maintains the transcript is accurate.
Inherent Contempt Considered
If the full House votes in favor of contempt, it is uncertain whether the Justice Department would prosecute Garland, as it is run by Garland himself. However, Republicans are considering inherent contempt, which allows Congress to discipline individuals without relying on other branches of government. This has not been used since 1934 and could lead to the arrest and detention of Garland.
History of Inherent Contempt
Congress has previously used inherent contempt in the early days of the republic, holding newspaper publishers in contempt in the late 18th and early 19th centuries. In 1927, a Senate panel voted to approve a warrant for a witness who failed to comply with a subpoena, but a court ruled the Senate overstepped its bounds. The last time Congress used inherent contempt was in 1934, when a Commerce Department official was held in contempt for refusing to comply with a subpoena for documents related to an airmail scandal.
Potential Consequences of Inherent Contempt
If Congress votes to hold Garland in inherent contempt, it is unclear what specific actions would be taken. In the past, the House Sergeant at Arms has been dispatched to arrest individuals held in inherent contempt, and they have been held at locations such as the Willard Hotel.
Uncertainty and Complexity
Even if Garland is held in inherent contempt, it is unclear where he would be held or how long the detention would last. The process is inherently complicated and messy, and it could lead to a standoff between the legislative and executive branches of government.
Lack of Clear Plan
As of now, there is no clear plan for how inherent contempt would be implemented against Garland. Senior House security officials are reportedly considering the matter, but the House must first vote to hold him in contempt before proceeding with inherent contempt. It is uncertain whether the House has the votes to move forward with either option.
