Rep. Anna Paulina Luna (R-Fla.) spearheads effort to force a vote on holding Garland in contempt for refusing to comply with subpoena for audio recordings of Robert Hur's interviews with President Biden.
As the battle between the Biden administration and House Republicans over the Department of Justice's (DOJ) refusal to comply with congressional subpoenas intensifies, Rep. Anna Paulina Luna (R-Fla.) has emerged as the driving force behind a new resolution that would hold Attorney General Merrick Garland in inherent contempt of Congress.
Luna's resolution, sent to fellow House Republicans on Monday, argues that the DOJ's refusal to turn over audio recordings of Special Counsel Robert Hur's interviews with President Biden, despite a congressional subpoena, has undermined Congress and its ability to legislate effectively.
House Republicans Ratchet Up Pressure on Attorney General Garland with Inherent Contempt Resolution
"Inherent contempt is a broad power that courts have recognized as necessary for Congress to fulfill its legislative functions," Luna wrote in her letter. "Under inherent contempt, the individual is brought before the bar of the House by the Sergeant at Arms, tried by the body, and can then be detained either in the Capitol or in D.C."
Luna emphasized the seriousness of inherent contempt, noting that if Garland is found guilty, he would face detention by the House Sergeant-at-Arms. She argued that the move demonstrates "the seriousness with which Congress views non-compliance and the potential consequences for those who refuse to cooperate."
House Republicans Ratchet Up Pressure on Attorney General Garland with Inherent Contempt Resolution
This resolution differs from the criminal contempt resolution passed by the GOP-led House earlier this month, which referred Garland to his own department for criminal charges. The inherent contempt resolution, if passed, would instead force Garland to stand trial before the full House of Representatives.
Republicans seeking the audio recording contend that it would provide crucial context about Biden's state of mind during the interviews with Hur. Democrats, on the other hand, have denounced the request as a partisan attempt to politicize the DOJ.
House Republicans Ratchet Up Pressure on Attorney General Garland with Inherent Contempt Resolution
Luna's resolution will likely face strong opposition from Democrats and some Republicans. The full House vote on holding Garland in contempt received unanimous support from Republicans, with the exception of Rep. David Joyce (R-Ohio), who opposed it out of concern that it would politicize the justice system.
Inherent contempt has never been used against a Cabinet official or over an issue in which the president has asserted executive privilege. There are also logistical concerns, as there is no formal roadmap for inherent contempt proceedings and Garland has his own FBI security detail.
The Justice Department declined to comment on Luna's letter.
Luna's resolution is a significant escalation in the conflict between the House and the Biden administration over the DOJ's handling of congressional subpoenas. It remains unclear if the effort will succeed, but it has undoubtedly raised the stakes and brought the issue of inherent contempt back into the spotlight.
