Rep. Anna Paulina Luna, R-Fla., is aiming to force a vote on directing the House Sergeant-at-Arms to arrest Attorney General Merrick Garland, potentially escalating a conflict between the executive and legislative branches over audio recordings of special counsel Robert Hur’s interviews with President Biden.
Luna, in a letter sent to fellow House Republicans on Monday, argues that the Department of Justice (DOJ) has undermined Congress by refusing to comply with a subpoena for the audio recordings. She contends that the only way to ensure compliance is through the use of the House’s inherent contempt power, which could lead to Garland’s detention. “Our ability to legislate effectively and fulfill our constitutional duties is at stake. We must act now to protect the integrity and independence of the legislative branch,” Luna stated.
This move follows the House’s earlier vote to hold Garland in contempt for his refusal to turn over the audio recordings, a decision that referred him for criminal charges. However, the inherent contempt resolution, if passed, would subject Garland to a trial before the House of Representatives, and a guilty verdict could result in his detention by the House Sergeant-at-Arms.
Republicans seeking the audio recordings claim they are crucial for understanding Biden’s state of mind during the interviews. Meanwhile, Democrats have dismissed the request as a partisan attempt to politicize the DOJ. The DOJ, citing Biden’s executive privilege claims over the interview tapes, has stated it will not prosecute Garland.
Luna contends that allowing the DOJ to determine the enforceability of congressional subpoenas risks subordinating Congress to the executive branch. “The Department of Justice and the attorney general cannot be the ultimate deciders of whether or not a congressional subpoena is enforced. If Congress allows this to happen, we risk being subordinated to the attorney general and being completely neutered in our ability to legislate,” she argued.
Congress has not invoked its inherent contempt power since 1934, when it resulted in a 10-day jail sentence for Washington lawyer William MacCracken for failing to comply with a Senate subpoena. The Supreme Court upheld Congress’ right to exercise its inherent contempt powers in a 1935 decision.
To force a vote on her resolution, Luna will have to declare it “privileged,” which would give House leaders two legislative days to act upon it. The resolution is unlikely to receive any support from Democrats, and only a few Republicans would need to vote to table the measure to prevent it from reaching a House-wide vote.
The House-wide vote on holding Garland in contempt was approved by every Republican except Rep. David Joyce, R-Ohio, who opposed it over concerns it would politicize the justice system. Fox News Digital reached out to the DOJ for comment on Luna’s letter.
