**Florida Republican Seeks to Have Attorney General Taken Into Custody Using Obscure Procedure**
In a bold and unprecedented move, Rep. Anna Paulina Luna, a Republican from Florida, announced on Monday her intention to force a vote within the next few days to direct the House sergeant-at-arms to take Attorney General Merrick Garland into custody. Luna plans to utilize an obscure and rarely invoked House procedural tool known as “inherent contempt.”
“I will call up the vote to hold Attorney General Merrick Garland in inherent contempt of Congress, and I am encouraging all my colleagues to vote for it,” Luna declared on social media, sharing a copy of her letter to fellow House members.
The Justice Department has reportedly declined to comment on the matter.
Under the inherent contempt procedure, an individual is brought before the bar of the House by the sergeant-at-arms, tried by the legislative body, and can then be detained. Luna, 35, elaborated on this in her letter, emphasizing that this is the only option to ensure compliance with their subpoena.
“The only option to ensure compliance with our subpoena is to use our constitutional authority of inherent contempt. In the next few days, I will call up my resolution holding Attorney General Merrick Garland in inherent contempt of Congress, and I look forward to each of you voting in favor of it,” she wrote.
This move follows House Speaker Mike Johnson’s recent efforts to obtain a court order to secure audiotapes sought by House Republicans from the attorney general. The Justice Department had previously declined to prosecute Garland.
Earlier this month, the House voted 216-207, largely along party lines, to hold Garland in contempt of Congress. This vote came after the House Judiciary and Oversight Committees pushed the resolution in May. The contempt charge stemmed from Garland’s refusal to provide audio recordings of President Joe Biden’s interview with special counsel Robert Hur, despite a written transcript being available.
At the time, Attorney General Garland called the resolution a “partisan weapon.”
“The DOJ is NOT above the law,” Luna, an ally of former President Donald Trump, asserted on Monday.
However, Luna’s effort faces significant hurdles. It is unlikely to gain traction, with opposition expected from Democrats and even some Republicans. Luna, who was first elected to the House in 2022, initially filed the inherent contempt resolution in May. The inherent contempt procedure has not been used since 1935 and is considered a “cumbersome, inefficient” tool, presenting several open-ended questions and challenges.
This is not Luna’s first foray into controversial legislative actions. Last summer, she led a GOP vote to censure Rep. Adam Schiff, now the 2024 Democratic nominee for California’s Senate seat, over his role in the first impeachment of then-President Donald Trump.
“The urgency of this situation cannot be overstated. Our ability to legislate effectively and fulfill our constitutional duties is at stake,” Luna, a member of the House Freedom Caucus, wrote in her letter. “We must act now to protect the integrity and independence of the legislative branch.”
Luna’s announcement has sparked a flurry of reactions and discussions within political circles. The inherent contempt procedure, while constitutionally grounded, is fraught with complexities and has not been tested in modern times. Its use would undoubtedly lead to significant legal and political battles.
The inherent contempt power allows Congress to enforce its subpoenas without relying on the executive branch. Historically, it has been used sparingly, with the last known instance occurring in 1935. The process involves the House or Senate holding a trial and, if the individual is found in contempt, detaining them until they comply with the subpoena.
Luna’s push for this measure highlights the deepening partisan divide in Congress and the escalating tensions between the legislative and executive branches. The move also underscores the ongoing struggle over the separation of powers and the checks and balances that define the U.S. government.
As the situation unfolds, it remains to be seen whether Luna’s resolution will gain the necessary support to pass. If it does, it would set a significant precedent and could reshape the dynamics between Congress and the executive branch.
In the meantime, the political landscape continues to be marked by intense debates and power struggles. Luna’s actions reflect a broader trend of aggressive tactics and heightened partisanship that have come to characterize contemporary American politics.
The coming days will be crucial in determining the outcome of Luna’s resolution and its implications for the future of congressional oversight and executive accountability.
Source: UPI, The Hill
