House Republicans are intensifying their efforts to hold U.S. Attorney General Merrick Garland accountable for not providing Congress with tapes of Special Counsel Robert Hur’s interview with President Joe Biden. Rep. Anna Paulina Luna, R-Fla., has warned that Garland could face custody if he fails to comply with a congressional subpoena for the tapes. Luna, along with nine other House Republicans, announced at a press conference that Garland still has time to comply, but if he does not, they will move forward with an inherent contempt motion on Friday morning.
If the motion is successful, House Speaker Mike Johnson, R-La., will be directed to call up the Sergeant-at-Arms to bring Garland into custody. Luna emphasized that this situation is of Garland’s choosing, stating, “No one is above the law. And if he chooses to go down this path, then we will.”
Luna highlighted the importance of Congress’s ability to enforce its investigative powers, warning that without it, Congress would be undermined by other branches of government, making it less effective as a co-equal branch. The inherent contempt power, as explained by the Congressional Research Service, allows each house to unilaterally arrest and detain individuals obstructing legislative duties. This power is broader than the criminal contempt statute and can be used for subpoena non-compliance and other obstructive actions.
When asked about alternative ways to enforce the subpoena, Luna mentioned that Speaker Johnson is open to discussions but argued that the inherent contempt process would be more efficient. She pointed out the public’s deep distrust in the government’s ability to govern effectively and the Department of Justice’s perceived bias.
Rep. Dan Crenshaw, R-Texas, acknowledged that the idea of putting the Attorney General in handcuffs sounds extreme but justified it by citing the DOJ’s actions against regular citizens, such as the case of Dr. Haim in Houston. Crenshaw argued that Garland’s DOJ targets whistleblowers who oppose their ideology, demonstrating a need for accountability.
Rep. Mark Alford, R-Mo., noted that inherent contempt has been used by the House more than 100 times since 1795 and has been upheld by the Supreme Court. He warned that allowing the DOJ and Garland to dictate congressional subpoena enforcement would make Congress subordinate to the executive branch, which is unacceptable.
Luna pointed out that Democrats considered using inherent contempt powers under former House Speaker Nancy Pelosi but ultimately decided against it to avoid opening themselves up to discovery. Rep. Derrick Van Orden, R-Wis., argued that those who failed to comply with Jan. 6 committee subpoenas are now in jail, suggesting that the same standard should apply to Garland.
Luna expressed confidence in having enough votes from GOP colleagues to pass the resolution, pointing to the support from various Republican representatives. She emphasized that the motion is backed by the Supreme Court and the constitutional authority of Congress.
The House has not invoked its inherent contempt power since 1934, when Washington lawyer William MacCracken received a 10-day jail sentence for not complying with a Senate subpoena. The Supreme Court upheld Congress’s right to exercise its inherent contempt powers in the 1935 decision Jurney v. MacCracken.
House Speaker Mike Johnson announced that the House Republican Conference will file a lawsuit against the Department of Justice next week to gain access to the audio tapes of Hur’s interview with Biden. Johnson stated that House Republicans are united in their goal to confirm the contents of the written transcript and are exploring all avenues to acquire the tapes.
Luna and her colleagues held a press conference to advocate for the inherent contempt vote, which could lead to Garland’s detainment and a trial in the House of Representatives. Luna hopes that Garland will comply with the request to avoid the inherent contempt process, which would be faster than waiting for the lawsuit to progress through the judicial system.
Hur’s 388-page special counsel report, released in February, concluded that Biden “willfully retained” classified information but declined to prosecute the president. Republicans seek access to the audio tapes for a more detailed accounting of the interview, arguing that Biden and Garland blocking their release suggests they could be damaging to Biden’s reelection bid.
The House voted 216-207 earlier this month to hold Garland in contempt of Congress for not turning over the tapes. Garland responded with a written statement expressing disappointment that the House has turned a serious congressional authority into a partisan weapon, emphasizing the need to protect the Justice Department’s investigations and the substantial information already provided to the committees.
As the House prepares for the inherent contempt vote, the outcome remains uncertain. The resolution to hold Garland in contempt passed with nearly unanimous Republican support, but it is unclear if Luna’s motion will receive the same level of backing.
Source: Fox News, CBS News
