Rep. Anna Paulina Luna, a Republican from Florida, is planning to push for a vote in the House of Representatives to direct the House Sergeant-at-Arms to arrest Attorney General Merrick Garland this week. Luna argues that the Department of Justice undermined Congress by not acting on a contempt resolution passed by the GOP earlier in the month. She believes that the only way to ensure compliance with their subpoena is to use their constitutional authority of inherent contempt. This approach could force Garland to stand trial before the House and potentially lead to his detention by the House Sergeant-at-Arms.
Inherent contempt is different from the criminal contempt resolution that was passed earlier in June, which referred Garland to his own department for criminal charges. If passed, inherent contempt would require Garland to stand trial before the House and, if found guilty, could lead to his detention by the House Sergeant-at-Arms. Congress has not invoked its inherent contempt power since 1934, when a Washington lawyer was sentenced to 10 days in jail for not sufficiently complying with a Senate subpoena. Luna believes that this power demonstrates the seriousness with which Congress views non-compliance and the potential consequences for individuals who refuse to cooperate.
House Republican leaders moved to hold Garland in contempt for his refusal to turn over audio recordings of special counsel Robert Hur’s interviews with President Biden, despite a congressional subpoena. Republicans argue that the recordings would provide important context about Biden’s state of mind, while Democrats dismiss the request as a partisan attempt to politicize the DOJ. The DOJ has stated that it would not prosecute Garland, as he was acting on Biden’s executive privilege claims over the interview tapes. Luna argues that allowing the DOJ to decide whether or not a congressional subpoena is enforced would undermine Congress’s ability to legislate effectively.
In order to force a vote on her resolution, Luna will need to deem it “privileged,” giving House leaders two legislative days to act on it. It is uncertain if the effort will succeed, as the resolution is not likely to garner support from Democrats. Only a few Republicans would need to vote to table the measure in order to kill it before a House-wide vote. The House-wide vote on holding Garland in contempt received support from every Republican except Rep. David Joyce of Ohio, who opposed it due to concerns over politicizing the justice system. This move by Luna reflects the growing tensions between Congress and the DOJ, as well as the broader political divide in the current political landscape.
The potential arrest of Attorney General Merrick Garland through inherent contempt would be a significant and unprecedented step, given that Congress has not exercised this power in nearly a century. Luna’s efforts to hold Garland accountable for non-compliance with a congressional subpoena highlight the ongoing battle between the legislative and executive branches of government. This move could set a precedent for how future conflicts between Congress and the DOJ are resolved and could have far-reaching implications for the separation of powers in the United States government. It remains to be seen how this situation will develop and if Luna’s resolution will ultimately be successful in holding Garland in contempt of Congress.
